31 May 2021

 Malete Land Board is yet to meet to consider legal options following a recent High Court judgement which did not favour their court application.

High Court judges on May 21 made a ruling that the 2 000 hectare Forest Hill Farm was legally vested in Balete tribe, dismissing an application by the land board who sought an order directing the registrar of deeds to cancel Forest Hill Farm deed transfer to Balete tribe.

Land board chairperson, Ms Onnetse Malope said it was important to meet and appraise the press on events leading to the court case involving the land board concerning the remainder of the Forest Hill Farm 9-KO.

She said they were still to consider options available following the High Court’s decision. 

Providing a legal analysis of the case, land board attorney, Mr Paul Muzimo said an earlier Court of Appeal (CoA) judgement provided guidance for them to argue their case.

Malete Land Board had argued that the matter of ownership of the land had been settled by a ruling on the Quarries of Botswana vs Gamalete Development Trust case in 2010 where the CoA overruled an earlier High Court ruling that the land belonged to the tribe. The CoA decided that the land belonged to the land board.

Mr Muzimo said he was shocked that a matter that had been previously settled by a competent court was raised again.

“The matter was closed, but on this case it was raised again and we now have two decisions, the CoA decision and the High Court decision,” he said.

He said they would look into the matter as they followed what the law prescribed, adding that they had the obligation to do so for the benefit of the tribe and Botswana.

He said the amendment of the Tribal Land Act placed Forest Farm Hill under control and management of the land board. 

He explained that under no circumstances had the land board attempted to make any acquisition without the tribes consent.

He also explained that the Tribal Land Act was reviewed and passed by Parliament, but was still waiting to come into effect. 

According to the Ba Gamalete in 1925 a title deed was issued by the deeds registry in the names of kgosi on behalf of the tribe. 

From 1925 to present the title deed for the piece of land is in the name of kgosi kgolo on behalf of the tribe. ends