22 Oct 2020

Land board members should discharge their duties as per what the law dictates, says attorney Mr Dutch Leburu.

Presenting at an orientation workshop for newly-appointed Kgatleng Land Board members on the Tribal Land Act, Mr Leburu said the trustee relationship dictates that such people entrusted with the responsibility of managing land should be accountable to the law.

He noted that land board members should only do whata the law dictates. 

Mr Leburu said if land board members could allow other forces to direct what they do, then they would have lost the principle of being trusted to diligently dispose of their responsibility and title.

He said every other piece of legislation/policy that affects land management and use is of interest to every board member, hence the need not to be ignorant of such pieces of legislation.

Mr Leburu also touched on the issues of declaration of interest by land board members.

“This should be the first item on the agenda because it will determine issues such as transparency and good governance within your boards,” he said.

He further encouraged board members not to edit their views for the sake of being liked by certain people in power, but rather be honest in everything they undertook.

“Give your honest opinions or views on issues of land management and everything that has to do with the discharge of your duties,” continued Mr Leburu.

He said the interest of board members should solely be for the republic and nothing else.

“If your interest is not for Botswana, you have soiled your trustee responsibility and will be exposed to litigation and other undesirable factors,” said Mr Leburu.

Mr Leburu further said where there is a stalemate or conflict between government policy and the law, the law takes precedence.

He further cautioned board members that discretion was an administrative power that should be used properly.

“It has to be supported by factual evidence and one has to extensively apply themselves to a situation and not use discretion just for the sake of it,” he said.

Addressing the issue of whether sub-land boards are agents of main land boards or not, Mr Leburu said they are not.

“Can the main land board direct what the sub-land board does? No,” he said. 

He noted that the law was clear on what roles both the main and sub-land boards had and if the main land boards were allowed to direct what their counterparts did, then they were taking away from the trustee relationship of sub-land boards.

“Sub-land boards have been established by an order by the minister and you cannot then delegate a delegated responsibility,” he concluded. Ends