Pitseng family loses CKGR burial case
Son vows to defy court ruling as Good Samaritans raise funds for appeal
An attempt by the Gaoberekwe family to have court make a directive for their father, Pitseng Gaoberekwe, to be buried on their ancestral land was dismissed by the Gaborone High Court this week.
In his ruling, Justice Itumeleng Segopolo ordered that the family of the deceased should ensure that the burial is carried out within 10 days in New Xade, or the family, notably his son, who was a complainant in the matter, Simon Gaoberekwe would be faced with a 30-day imprisonment, as per the court order.
The matter finally came to a close after a four-month back and forth between the family and Government, after they had unsuccessfully applied to bury their patriarch, Gaoberekwe in Metsiamanong located within the Central Kalahari Game Reserve (CKGR). The old man made his spiritual transition to be reunited with his ancestors, at the age of 75 on 21 December 2021.
Following his death, the family in respecting their culture and honouring the wishes of the old man, made plans to bury him in CKGR. However, they were told by the Ghanzi Council that they had to make an application to the Department of Wildlife and National Parks (DWNP) to have access to the CKGR, but their application was declined. It has been a back and forth game since then, which one would assume were efforts to frustrate the family.
During the whole process, Government offered to pay for the mortuary costs while the family took the legal route. The family refused to back down and fought tooth and nail for the burial of their loved one to take place in Metsiamanong located in the CKGR.
The family had sought an order that declared that the deceased was an unrepresented litigant in the Roy Sesana case, and that he had the right to be buried in CKGR stems, not only in accordance with the privileged rights from being one of the listed applicants in the Roy Sesana case, but also from common law.
Government lawyers, led by Sydney Pilane overpowered the defendant’s voluntary lawyer, Nelson Ramaotwane, on technicalities in oral arguments.
Following supportive evidence, corroborated by the Ghanzi Council, Court disputed that Gaoberekwe was part of the 189 litigants in the 2006 Roy Sesana VS Attorney General case. Court concluded that there were discrepancies as the deceased wrote New Xade in his applications for government social services programmes, argued that the family does not have a house in the CKGR.
Gaoberekwe’s son, who has since vowed to defy the court ruling, caused a social media frenzy last week, when videos circulated of him breaking into sad bitter tears after Government lawyer Sidney Pilane told him off, telling the applicants that they should stop “wasting time with nonsense.”
Pilane, who warranted criticism for his dismissive attitude, later explained that he was trying to drive home the point that Basarwa are not exempt from the laws of Botswana. “It would be unfair to devise ‘special’ laws for Basarwa; they should also follow the stipulated rules in accordance with the laws that have been laid out.”
He explained that in accordance with the law, entry into the CKGR Game reserve is carried out at the discretion of the director of DWNP, and is not premised on an individual’s ethnicity. “Being a Mosarwa does not necessarily mean that one is automatically entitled to reside in, or enter the CKGR - like every citizen of Botswana, proper channels should be followed, in accordance with the laws of Botswana.”
The Gaoberekwe family have previously stated that like most Basarwa, their spirituality is closely associated with their ancestral land, which they occupied for many decades, even before modern civilisation started taking shape and CKGR became a park.
They insist, as reiterated by the Gaoberekwe family, that “the environment in which they live informs them concerning the nature of their deity and supernatural beings, which inform the relationship between the physical and spiritual worlds, and closeness to ancestral land have an influence on these.”
Botswana still does not acknowledge ‘ancestral land’ in its policies. The Western-influenced laws make no consideration for indigenous cultural beliefs and practices, an issue that has been an area of contention for human rights and cultural rights activists for many years. Respecting sedimo (ancestral beliefs) is a key aspect of the spiritual lives of many Africans, including Basarwa. The relocation of the Basarwa from the CKGR to Kaudwane and New Xade in 1997 and 2002 generated bitter feelings among the Basarwa, who felt that the relocation would be detrimental to their religion and spirituality.
They appealed to government to allow them to stay in the CKGR in order to practice their religion and spirituality without hindrance, an issue that has raised many clashes between the Government and the Basarwa community.
A number of Batswana who feel that the court ruling by Justice Segopolo was unfair, have since joined forces in raising funds to help the Gaoberekwe family to appeal and continue to fight for their father to be buried inside the CKGR.