26 Apr 2022

Gaborone High Court has ordered the family of the late Pitseng Gaoberekwe to bury their father within 10 days outside the Central Kalahari Game Reserve (CKGR) or risk imprisonment.

Delivering his ruling in Gaborone on Monday, Justice Itumeleng Segopolo said failure to comply with the order would lead to the deceased son and executor Lesiame Pitseng being held in custody for 30 days.

 “The court will impose sanctions and he will be held in custody of the state for 30 days,” stated Justice Segopolo.

 Justice Segopolo said Pitseng had been in contempt of court after disregarding an order of the Lobatse High Court which had instructed him to collect his father’s body and bury it within seven days outside CKGR.

He said the matter should not have been before the court for a second time and said he only allowed it to hear its merits.

“The courts should not just deal with cases of technicalities,” he said.

Nonetheless, Justice Segopolo resolved to dismiss the family application to have the deceased buried within the reserve saying he does not qualify.

Rather, he said the deceased who passed away on December 21 last year should be buried anywhere except within the reserve.

He said the deceased at the time of his demise was a resident of New Xade, had a homestead which had been built for him and was also a registered destitute in New Xade.

“The facts compel me to say the deceased was not a resident of CKGR,” he said.

Further, Justice Segopolo added that the family did not dispute that he had a house at New Xade and resided there by the time of his death.

Rather, the family only said he was there temporarily due to ill health which required frequent medical attention.

Further, Justice Segopolo said the deceased was not part the applicants in the Roy Sesana case who enjoyed privileges of free movement in the reserve.

He said the deceased was listed by Roy Sesana as one of the residents of the reserve but had never filed papers in court nor appeared to speak for himself in the case.

As such, he said the rules of the court are clear on who is a litigant and the deceased had failed to satisfy the criteria.

 “He was not one of them. I am confined to what appears on the records,” he added.

 The late Gaoberekwe family had taken the director of the Department of Wildlife and National Parks (DWNP) to court over his decision not to accede to their quest to be allowed to bury their father inside the park.

 The family, represented by Mr Nelson Ramaotwana contended that the deceased was a resident of the reserve and also was part of the Roy Sesana and other Vs state litigation, hence he was entitled to be buried within the reserve.

 Such assertion was however disputed by the DWNP director saying the deceased was not part of the 189 Roy Sesana case.

 Outside the court, the deceased son, Pitseng indicated said they would meet to map the way forward but noted that he was not worried by the impending imprisonment. The state was represented by Advocate Sidney Pilane. BOPA