31 March 2025, Francistown, Botswana. On 25 March 2025, the High Court of Botswana ruled in favour of the Shua Khwe community, represented by Kgosi Rebeccah Banika. The court dismissed, with costs, an appeal brought by the Chobe Land Board against a previous decision made by the Lands Tribunal.
The High Court determined that 266 households of the Shua Khwe community in Pandamatenga must be allocated 2,500 hectares of land. The court confirmed that the Lands Tribunal was correct in finding that an undertaking to allocate this land was made as a condition for obtaining a loan from the African Development Bank (AfDB). The court deemed it unlawful for the Chobe Land Board to renege on this undertaking without valid reasons.
This landmark judgment underscores the Shua Khwe community’s legitimate expectation that the government would fulfil its promise to allocate the land they were promised as part of the AfDB loan agreement. It emphasises that public authorities should not be allowed to withdraw from commitments made while seeking financial support. Additionally, it advocates for good administration, urging public bodies to honour any promises voluntarily made.
“This ruling serves as a warning to Botswana and other African nations about the importance of honouring commitments to impacted communities made during the negotiations of development projects. It is also a reminder to multilateral lending institutions that governments will renege on undertaking project-impacted communities unless they devise ways of post-fund disbursement monitoring”, stated Brigadier Siachitema from the Southern Africa Litigation Centre.
“We are thrilled that our independent High Court has restored the land rights of the Indigenous people in Pandamatenga, whose land was taken away by the former government,” remarked Keikabile Mogodu, former Executive Director of the Botswana Khwedom Council.
Background
In 1984, the government of Botswana allocated 25,074 hectares to Shua Khwe farmers in Pandamatenga to boost cereal production. However, due to increased rainfall intensity, the allocated area began experiencing frequent flooding, making it difficult to access the fields during the cropping season. To address the issue of access roads being affected by seasonal floodwater, the government opted to construct drainage works and access roads as long-term solutions. The government sought the support of the AfDB to finance this project, which was approved.
During negotiations with the AfDB, an additional 2,500 hectares of land were designated, raising the total area affected by the project to an estimated 27,574 hectares. The dispute over these 2,500 hectares began on 4 April 2017 when the Chobe Land Board allocated a significant portion of the land, originally reserved for the local community in Pandamatenga, to third parties. Kgosi Rebeccah contends, and the Lands Tribunal has already affirmed, that the AfDB loan was contingent upon reserving 2,500 hectares for the 266 households in Pandamatenga.
Initially, the Chobe Land Board allocated 2,042 hectares of the 2,500 hectares to third parties, leaving only 458 hectares reserved for the Shua Khwe community.
Kgosi Rebeccah Banika was represented by Tshekiso Ditiro & Jani Legal Practice, with support from the Southern Africa Litigation Centre and Botswana Khwedom.
ISSUED BY THE SOUTHERN AFRICA LITIGATION CENTRE
