Cynthia Thanda

A land surveyor also a land activist Gilbert Sesinyi has challenged the Ministry of Lands to address the nation about the new Tribal Land Act so that Batswana can interrogate and understand it.

Sesinyi was addressing a Press conference on Thursday May 26at Avani Hotel in which he discussed issues of national concern surrounding the Tribal Land Act No.1 of 2018. Specific reference was made to a press release by the Ministry of Lands Ref: MLWS 1/15/4 V (136) of 22^nd April 2022.

Tribal Land is central to empowerment and towards freedom and independence as 70% of Botswana is constituted by tribal land. Sesinyi compared tribal land to the human body having 70% water saying no one can negate the value of water in the human body or the value of tribal land authorities in relation to the utilization of land and its relevance in people’s lives.

“We are not political and what is relevant to us is justice. We only offer constructive criticism. We represent truth and justice for the national citizens. In terms of this new amended Tribal Land Act, we had hoped we can accord the government the respect that it deserves, we want to understand what the direction the new Act is taking Batswana in and what is happening to our livelihoods.”

He said they had hoped the permanent secretary in the Ministry of Lands and Energy would come and address the nation about the new Act so Batswana can interrogate and understand it. As none of those efforts were made, Sesinyi said it is their responsibility to interrogate the Act intelligently, to ask and demand answers that will bring the country into a place that will have law and order.

In reference to the press release about the commencement of Tribal Land Act of 2018 by the Ministry of Lands and Water Affairs, Sesinyi highlighted two changes that he feels are consequential and need to be understood.

The first key change was (Section V) all grantees (land rights) allocated by Dikgosi before establishment of Land Boards and those allocated by Land Boards in terms of the repealed Act are required to apply to Land Board for registration of their customary land grants or leases within six (6) months of the commencement of the Act.

According to Sesinyi prior to that there was an exercise called LABCUS in which millions were spent. LABCUS was an initiative to make records that will trace the line of ownership of one’s property, hence he questions the need for registration if LABCUS has already done so and kept the records.

“We are worried about lack of coordination. We must call people out if they are not doing their job. We give them one week, and then we shall be in the courts. We need to understand what deregistration means to an economy. Land Board is part of the cogwheel and should understand its role in the economy. There should be a watchman to see to it that everyone is accountable.”

The other key change states that (Section vi) on receipt of the application for registration and upon arrival, the Land Board shall submit the application to the Registrar of deeds for issuance of Deed of Customary Land Grant or Registered Memorandum of Agreement of Lease .

Sesinyi highlighted that the change needs more explanation in terms of having to wait for approval for a land that has been approved as well as the Land Board doesn’t have the capacity to engage in such a project because it can’t even produce a transfer or lease in good time.

When asked about his thoughts on where the government or Land Board should start to rectify the mistakes, he said that critics should not be looked as adversaries. The Government should assemble them and allow them to have a hand in assisting on land matters.

He talked about having a night economy and stop the marking of roads during the peak hour. A night economy helps with the fluidity of things that happen in the society as well as practicality. There is a need for a management decision support system in which things are planned logically.

“I think the government should plan better and have a proper system. He should call on us, who have voluntary spirit and engage us in such issues. Let us think dynamically. If we are roped in, we can be back in business next week.”