Some Basarwa of the Central Kalahari Game Reserve (CKGR) have resolved to take the Botswana Government to the African Union Court following the Court of Appeal confirming a decision by a lower court not to allow them to bury their late father in their ancestral land.
This is according to a letter that was written by the family to the Attorney General Abraham Keitshabe following a judgement by Court of Appeal Judge Justice Mercy Gaarakwe in which she upheld the decision of the High Court Judge Justice Itumeleng Segopolo denying Lesiame Pitseng the right to bury his father on his ancestral.
The family insists that Gaoberekwe’s wish was that he be buried in his ancestral land, CKGR, next to his forefathers.
But both the High Court and the Court of Appeal did not grant him his wish.
Justice Garekwe, who said her decision concurred with that of Justices Singh Walia and Leatile Dambe, stated that the appellant, Lesiame Pitseng had failed to establish any right to bury his father in the reserve.
In a letter addressed to the Attorney General, family spokesperson, Smith Moeti said in taking the government to the African Union Court, the African Union Commission, the United Nations, the family intends to ventilate on the following;
-That Basarwa who are the first people of Botswana are discriminated against, in that Basarwa are not allowed, as per the judgement of Gaarekwe to have multiple residences and choose where to bury their deceased parents and relatives in contradiction with other communities in Botswana.
-That Basarwa as first people in Botswana have no rights and are prohibited to bury their loved ones at their ancestral home.
-That similarly situated Basarwa who are permanent residents of the CKGR and pre-date Botswana’s independence are treated differently in enjoying their occupation title of the CKGR.
-That Basarwa are not only discriminated against but treated like second class citizen in Botswana, that the treatment Basarwa receive from the Government of Botswana and her Courts, is inhuman and degrading. “That in the final analysis, we have resolved that the Government of Botswana can do whatever she wants with the body of our father, Mr. Pitseng Gaoberekwe and that we will only partake in his burial, if only we are allowed access to lay him to rest next to his mother and father, who are buried at Metsimanong in the CKGR,” said Smith.
