Tawana Land Board chairperson, Reamogetse Yakenge has allayed fears that the board will in its reviewed land policy that is yet to be finalised enforce powers to repossess some of the undeveloped plots across its jurisdiction.
While the board remains concerned about those plots especially those for ploughing fields the authorities however seem to be shying away from taking that step only threatening that the law allows for them to repossess.
The cancellation of the grant of any right to use any land is in line with tribal land act, 2018 which has vested land boards with powers to repossess plots that have remained undeveloped for years and allocate them to those on the waiting list.
However, the Ministry of Land Management, Water and Sanitation Services (MLWS) has always not strictly enforced repossession of undeveloped land, rather preferring to engage with the affected plot owners to understand what could be inhibiting the development of the plot. Land authorities would then enter into agreement with those that remain with undeveloped plots to indicate when they would develop them.
Kgosi Merafhe Mothala of Khwai village this week expressed concerned as to why would the board in its draft policy show that it has the responsibility to grant rights to use land while at the same time it can cancel grant right to use any land. He sought clarity of that conflict so as to alert his people back home that their plots may be on the line to be repossessed.
Responding to the chief during their consultative meeting in Maun this week, the board’s chairperson clarified, “we don’t mean that we will go around cancelling people’s plots, our main task is to allocate people plots but if there is something that forces us to cancel that plot we will do that.”
Yakenge added, “the board does not just cancel plot ownership, there is a process involved which include consultation and reaching agreements between the two parties, assessments of the plot to be repossessed as well as payment of losses.”
Acting board secretary, Kesego Kgarathi however had to buttress that the way ploughing fields remain uncultivated and undeveloped for some years in Ngamiland, the law allows for them to be repossessed.
Besides remaining undeveloped for a long time, Kgarathi added that the board also has powers to repossess even those that are now used not for their initial requested purpose, or whereby owners extend the plots or exchange it with someone else without seeking consent of the board.
The rationale behind the review of Tawana Land Board land allocation policy is to provide guidance for land allocation and land management and also to align it with, the re-enacted Tribal Land Act of 2018 and the Botswana Land Policy as reviewed in 2019.
The policy is designed to provide direction and to serve as a standard tool to be used specifically for land allocation and management in the Tawana Tribal territory. It is meant to address the discrepancies observed regarding land allocation and management.
The policy is to be read and applied in conjunction with the Tribal Land Act of 2018 and other legislative provisions which form a complementary documentation to this policy. However, the Tribal Land Act of 2018 takes precedence wherever there is conflict of interpretation.
