It seems Botswana Government cannot hold itself back from tormenting Basarwa who were evicted from the Central Kgalagadi Game Reserve (CKGR) – even when they are dead and cold.
Two months after his death, the body of a Mosarwa man who was illegally relocated from the Central Kgalagadi Game Reserve (CKGR) is languishing in a Gantsi mortuary freezer because government will not allow him back to his ancestral land and old stomping ground for burial.
An audio recording of a meeting between government officials and Basarwa of CKGR which has been leaked to the Sunday Standard has exposed a two month long dispute between the two parties over Pitseng Gaoberekwe’s final resting place.
According to documents passed to the Sunday Standard, Gaoberekwe was born in 1947 in Metsimanong, a settlement inside the CKGR.
The dispute over Gaoberekwe’s burial is an offshoot of the 2006 High Court judgement which concluded that the relocation of Basarwa from the CKGR was illegal. Basarwa who had challenged the relocation were allowed back into the game reserve.
The audio recording further indicates that government informed the grieving family that only those who appear in the list of the 2006 court judgement can be buried inside the CKGR.
Government argues that although Gaoberekwe was born inside the CKGR, he does not appear in the list of 2006 litigants
Some government officials could be heard in the audio suggesting that since the matter had been dragging for too long and depleting the Council’s coffers, there was need to approach the court and secure a court order to expedite the burial.
Advocate Sidney Pilane confirmed on Friday to Sunday Standard that government has instructed him to represent them in the matter.
Pilane was the State legal counsel in the initial marathon case between the Government and Basarwa in 2006.
Responding to Sunday Standard queries, Ministry of Local Government and Rural Development spokesperson, Masego Ramakgathi said he was not “ privy to the Court issue.”
But when asked when the matter is expected to come before Court, Pilane stated that, “Not filed papers yet; working on them.”
Ramakgathi however confirmed that, “It is true that authorities have been in consultation with the family of the deceased on the matter.” He said, “the consultations with the family were an attempt to bring the matter to its conclusion.”
Ramakgathi pointed out that “ the deceased was not in the list of 189 permitted CKGR residents as per the court order, let alone in the CKGR relocation list.”
He said government’s decision was, “in accordance with the High Court Judgment on the matter.”
Joyce Funeral Services in Gantsi confirmed to this publication that the body of the deceased has been lying in their mortuary since December last year.
“Yes it is true that as we speak the body of the deceased is still lying in our mortuary due to the dispute between the family and the council over where the body should be buried,” said the mortuary manager Morebodi Lekaukau.
Family spokesperson for the deceased, Smith Moeti said since the parties have reached a deadlock, “we need a third party to break the impasse.” He said the Ghanzi District Council and Government had not been negotiating with them in good faith.
“This issue comes at a time when we were made to believe our relations with government were improving. But now they have shown us that we are on our own. At least they should have allowed us to bury our relative and then bring up the issues that they are bringing up so that we know how to handle such matters in the future.”
Sunday Standard has established that British barrister, Advocate Gordon Bennett is advising the family on the matter.
A letter from the family addressed to the Ghanzi District Council states that, “as far as we know there is no law or regulation which gives the Council the right to decide deceased’s place of burial just because it has provided services to him.”
“As Pitseng’s relatives we believe we have the right to bury him in the CKGR under both Roman Dutch law as applied in Botswana and our own customary law.” The family added that under these laws they not only have the right but also owe duty to bury the deceased in the place of his ancestors. “If you know of any law or regulation that might have taken this right away from us, we again ask you to tell us what it is.”
The family said Council officials had claimed that the man could not be buried in the CKGR because he was relocated from the Reserve in 2022. “But they have shown us no evidence to support this claim and we know it is not correct. In fact Pitseng was not in the Reserve at the time of the relocation. He only returned to his home there after the relocation was over; in 2003. He remained there until his illness forced him to go to New Xade in 2014,” the family said. They added that even if he had been relocated in 2003, he would have been relocated without his informed consent as the Court case proved; and no Government witness claimed to have told the residents that if and when they left the Reserve they would be taken to have given up their right under customary law to be buried on their ancestral land.
The family pleaded with the Council to reconsider its decision.
“If the Council is not prepared to do this or to explain what right it has to dictate where our relative should be buried, we would ask you to please delay the burial for a few more days to allow us to take legal advice,” the family said.
