The complainants said Kgatleng Landboard has been calling clients approved by Oodi sub Landboard last week to notify them that they will be revoking thier change of land use approvals.
“Some of the clients have been approved 2 years ago, and have already built houses. This initiative of change of Land use was a key campaign message by Masisi for elections. These developments create employment and accommodation. We all know in Tlokweng that XXxx did the same and Government supported his development. When it is us Batswana it’s a big crime. Houses have been lying idle now for some years. Imagine the money Landboard wastes at the courts with already about 10 cases before courts,” one of the land owners fumed.
. Report to the Police in Kgatleng over the violation of the Penal Code by
Members of the Kgatleng Land Board.
Botswana Penal Code Section 104
Abuse of office
(1) Any person, who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of an offence.
Botswana Penal Code Section 130
Neglect of official duty
Any person employed in the public service who willfully neglects to perform any duty which he is bound to perform,…,is guilty of an offence.
Section 132
Disobedience of statutory duty
Everyone who willfully disobeys any written law by…omitting to do any act which it requires to be done, and which concerns the public, is guilty of an
offence…
As concerned citizens and owners of land parcels in the Kgatleng District we hereby attend at your esteemed Police Station to report for the record the above mentioned violations by Kgatleng Land Board.
We site the following people as those being reported and attach the evidence of their violation of the laws mentioned above in the form of correspondences.
1. The Permanent Secretary in the Ministry of the Ministry of Land Management, Water and Sanitation Services on account of her misleading communication to all land boards dated 19 October 2020 as attached. (Abuse of office, Penal Code section 104 and Neglect of official duty, Penal Code section 132)
2. The Director of the Department of Town and Country Planning on
account of her unlawful suspension of the Presidential Directive through an Advisory Note that she issued on the 20th October 2020 as attached to All Councils. (Abuse of office, Penal Code section 104 and Neglect of official duty, Penal Code section 132)
3. The Kgatleng Land Board Secretary and her Deputy for unlawfully
executing functions within a Planning Area over which the Land Board has no jurisdiction in terms of the law. (Disobedience of Statutory Authority, Penal Code section 132) and unreasonable breach of Service Level Agreements.
Below is a chronology of events leading to this violation of the laws of the Republic of Botswana by members of the Kgatleng Land Board instigated by The Permanent Secretary in the Ministry of Lands, Housing, Water and Sanitation Services (Mrs Bonolo. E. Khumotaka) and the Director at the Department of Town and Regional Planning (Ms Eunice Mmono).
1. On the 14th February 2019, the President of the Republic of Botswana, Eric Mokgweetsi Masisi issues Presidential Directive CAB 14A.
2. On the 11th October 2019, the Permanent Secretary in the Ministry of Land Management, Water
and Sanitation Services, Mrs Bonolo.E. Khumotaka issued a savingram to all stake holder departments in government confirming the above Presidential Directive and issuing guidelines to achieve the same.
3. On the 21st of August 2020 a savingram was served on the Council Secretary of Kgatleng District
Council dated 14th August 2020, titled
‘MAMASHIA/MATEBELE/OODI/MOKATSE/MODIPANE/DIKWIDIDI DEVELOPMENT PLAN (2012-
2036) PROGRESS.
4. On the 2nd September 2020 Kgatleng Land Board issued a Moratorium on the receiving and consideration of change of use applications in the Oodi Subordinate Land Board Area of jurisdiction.
5. On the 18th September 2020 a notice was issued from the Ministry of Land Management, Water and Sanitation Services gazetting the whole of Kgatleng as a planning area.
6. On the 19th October 2020 a savingram was issued by the P.S LHWM , Mrs Bonolo.E. Khumotaka
to all Land Board Secretaries titled ‘Proposals of Development on Agricultural Land’.
7. On the 20th of October 2020 the Director of the Department of Town and Country Planning, Ms Eunice Mmono issued an advisory note 1 of 2020 titled, ‘Suspension of guidelines for agricultural land use zone’.
8. On the 12th November 2020, the Director of the Department of Town and Country Planning, Ms
Eunice Mmono issued a public notice offering clarity on the advisory note 1 of 2020 issued on the 20th of October 2020.
Effectively the summary of these official communications is that no one in Botswana is allowed to change the land use of their agricultural land into non agricultural use and subdivide it into plot sizes lower than 1 hectare. The state apparatus has moved to do the following
• revoke in principle and in some cases indeed all previously issued leases that reflect a change of land use on agricultural land especially where there are subdivisions that yield plot sizes lower than 1 hectare.
• Suspend all issuance of leases for change of land use and subdivision approvals sanctioned by land boards and planning authorities.
• Defer indefinitely or reject all applications that pertain to change of land use and subdivision of agricultural land.
• Refuse the approval of survey diagrams that pertain to change of land use and subdivision of agricultural land.
• Refuse the registration of title or rights at the Deeds Registry that pertain to change of land use and subdivision of agricultural land.
The above is in violation of schedule 2 of section 19(4) of the Town and Country Planning Act, also suspends indefinitely the provisions of section 27 of the tribal land act , it is a complete violation of the Presidential directive Cab 14A and the guidelines amending the Development Control Code at section 5(4), 6(2) and Section 8.
The Kgatleng Land Board under the pretext that Oodi sub land board has no authority to preside and authorize change of land use have since suspended further land developments in Kgatleng of Agricultural land on that account. Whereas the Revised Botswana Land Policy of October 2019 at section 31 clearly states ……’Amongst the recommendations accepted with modifications was that the land board should remain corporate bodies responsible for land administration and that subordinate land boards be giv en authority to make final decisions on all land use applications‘, there is no regard at all given to Statutory Instrument 87/2013 which specifically empowers sub land boards to render on all common law application.
We wish to open a case with the police for investigation and possible charges to be brought against those who boldly violate the laws governing the country.