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Residents to appeal court decision

25 Feb 2025

Some members of Okavango Kopano Mokoro Community Trust (OKMCT) have unanimously agreed to appeal the decision by the High Court to allow the new interim board into the office. 

They argue that the new board was not constituted in accordance with the constitution and as such, they do not recognise it. Therefore, they have decided to apply for an urgent appeal. OKMCT affiliated settlements include Boro, Xaxaba, Daunara, Xharaxao, and Quxao.

 The development followed a judgment by the Maun High Court on Friday, which ordered the outgoing board of trustees to hand over all trust properties, an inventory, and any other item or thing, which needs to be handed over to the incoming board.

 The court also ordered that there should be no obstruction of the judgment’s execution. 

It further stated that the Botswana Police Service should provide assistance with the execution of the order to ensure compliance with the judgment. The police were also ordered to remove any persons unlawfully obstructing the execution of the judgment as well as using reasonable force where necessary to give effect to the judgment.

 However, members took a decision during a recent packed kgotla meeting held at Boro that while they respect the judgment, they would do all in their power to fight for their rights and protect the trust’s assets. 

They were shocked by the judgment, which ordered the handing over execution immediately and vowed to follow the right procedure until the issue is addressed amicably. 

“We cannot wait for our annual general meeting but we will do the right thing as per our constitution to call a special general meeting and invite the new interim board where we can agree to pass a motion of no confidence. Another option we are going to take is to appeal the judgment,” said Mr Gabofele Mokgwathi. 

He also vowed to seek intervention from the Office of the President arguing that the communities’ rights should be prioritised. Another elder, Mr Mokobaotsile Ngande, concurred that they could not entrust a board they did not constitute to run their affairs, saying they would follow the procedure to ensure the matter is resolved amicably.

 He blamed factions amongst the communities, saying such tendebcies would end up destroying the trust if they were allowed to take root. 

“We cannot allow a few people to benefit at our expense as the custodians of the Okavango Delta. We played a role to protect the beauty of the delta, which is our source of life,” he added. 

The Community Based Natural Resource Management (CBNRM) programme granted NG32 to OKMCT to operate tourism activities. 

Meanwhile, the interim board took the matter to court, as they claimed that the ousted board was refusing to vacate the office and execute the handing over following the elections, which were conducted in October during a special meeting held at Daunara. 

It was reported that some residents from the affiliated settlements removed the former board over allegations of maladministration. The outgoing board chairman, Mr Galethuse Manga, revealed that they did not refuse to vacate the office but they wanted things to be done in a transparent manner. 

While he respected the court order, he also expressed gratitude that the court also acknowledged that there was a serious problem within the trust, which could be addressed by the community. 

“We started the handing over execution on Friday as per the judgment and order and we promise to travel to all the affiliated villages to hand over all trust’s properties,” he added. ENDS

Source : BOPA

Author : Esther Mmolai

Location : Boro

Event : Meeting

Date : 25 Feb 2025