15 Jul 2026

This was said by Minister of Justice and Correctional Services, Mr Nelson Ramaotwana when answering a Parliamentary question on Tuesday.

Mr Ramaotwana said the ministry had identified a gap in the current land dispute resolution system and that proposals to amend relevant legislation were at an advanced final stage and would be brought before Parliament for approval. 

He said the specialised Land Court would handle land-related legal matters more efficiently, moving beyond the current Land Tribunal framework.

At independence, he said the Constitution provided for the establishment of the High Court of Botswana with unlimited original jurisdiction to hear all matters, including land matters. 

Later, in 1997, the minister said the Land Tribunal was established through the Tribal Land Act following the need for a fair, effective, efficient and citizen-friendly tribunal to deal with land issues. 

He said the Tribunal currently served as an appellate body against decisions of Land Boards and Planning Authorities.

Land Boards and Planning Authorities, he said performed administrative statutory roles independently and separately from his ministry, while the courts acted as an oversight authority where an aggrieved party might seek recourse against decisions of the two public bodies.

“It is crucial to draw a distinction between legality and administration. The Ministry of Lands and Agriculture handles the front-end operations of land management issues such as allocations and planning, while the Ministry of Justice and Correctional Services handles the back-end responsibility of overseeing land dispute resolutions,” he explained.

Currently, he said the Land Tribunal operated under the Land Tribunal Act of 2014, adding that in principle, government intended to incorporate the Land Tribunal as a specialised division of the High Court of Botswana. 

This approach, Mr Ramaotwana said, would provide a direct, speedy, cost-effective, efficient and citizen-friendly land dispute resolution mechanism. 

“Removing the process of appealing to the High Court from the Land Tribunal will create a direct and swifter path to the Court of Appeal, ensuring that citizens gain faster access to justice, while significantly shortening the legal journey from the Land Board to a final verdict. Therefore, there will not be a need to create a Land Court of Appeal,” he added.

On the issue of the Land Disputes Management System and Database, Mr Ramaotwana said land management systems and databases fell under the scope of land administration issues, which were outside the ministry’s jurisdiction.

He said the adoption of specialised land courts would ensure a more streamlined and effective dispute resolution mechanism. 

By reducing litigation timelines and clearing pending land disputes, the minister said the system would also allow service providers to refocus on their core mandates. 

He further reiterated that land allocations fell outside the jurisdiction of his ministry, which maintained strictly an oversight role in line with the principle of separation of powers.

Mr Ramaotwana was responding to a question from Lobatse MP, Mr Kamal Jacobs who had asked the minister if there were any government efforts and considerations on the establishment of Land Courts and Land Courts of Appeal as a way to attend and address land disputes and land-related matters in a more professional setup and legal framework. 

Mr Jacobs also wanted to know if the minister was aware that Land Courts and Courts of Appeal would ensure proper legality and administration of land disputes, foster relevance to land issues and settlements, administer and handle the Land Disputes Management System and Database, and allow land allocations and land disputes to run effectively, efficiently and independently as different portfolios under the oversight of the ministry and other relevant stakeholders. ENDS