The corpse of a Central Kalahari Game Reserve (CKGR) resident which has been lying in a mortuary for almost a year now is reported to be in a decomposed state.
The family of Gaoberekwe Pitseng dragged the government to court after it did not allow his corpse to be buried in his contentious ancestral land.
High Court Judge Godfrey Radijeng ruled in the government’s favour and the family is currently appealing the court’s decision.
Spokesperson for the family, Smith Moeti told this publication in an interview on Monday that the experience has taken a toll on the family as it has a devastating impact on the mental health. “We visited the mortuary where the body has been lying for almost a year now. It is badly decomposed,” said Smith.
Smith added that; “Some of the family members are currently experiencing mental health issues which has led to post traumatic stress.”
Deputy Registrar of the Court of Appel, one K. T Tselapedi, in a letter addressed to Pitseng family lawyers, Ramaotwana Attorneys said the appeal application has been listed for hearing in November 2022 Applications Session which is due to run from Friday 18th November 2022 through to Friday 2nd December 2022.”
Tselapedi reminded the family’s lawyers that; “You are to comply with Rule 27(1) of the Court of Appeal Rules and within 2 weeks of Today’s date file your heads of argument and the serve the Respondent (Attorney General).”
The deputy registrar of the Court of Appeal also added that; “the Respondents are to file their replying heads of argument as soon as possible but not later than one week before the date assigned for hearing.”
Tselapedi added that; “Should heads of argument not be received timeously, the application may be listed for dismissal.” In their appeal application, Ramaotwana lawyers argue that Pitseng’s son Lesiame who is the Appellant’s on behalf of his late father argue that as an Applicant in the Sesana case the deceased did have a right to be buried in the Reserve, and that Lesiame has a concomitant right to ensure that this is done.
The lawyers also argue that the repeal of section 14(3)(c) of the Constitution has not removed or otherwise affected these rights. Following Basarwa victory to live in the CKGR as per the Sesana judgement, government reportedly and scrumptiously repealed section 14(3)(c) of the Constitution of Botswana with effect from 1st December, 2006. The provision which gave them the privilege of being able to live and hunt in the Game Reserve.
But Pitseng family lawyers insist that the repeal has not stripped Basarwa of the rights to stay in their ancestral land.
“Even if the Deceased had not been an Applicant, he would still have been entitled to reside in the Reserve at the date of his death and is still entitled to be buried there, notwithstanding that he died in Gaborone and for some years previously had lived in New Xade,” they said.
