- Both the High Court and the Court of Appeal had denied the family’s request to bury their father in the CKGR
GAZETTE REPORTER
The family of Pitseng Gaoberekwe is expected to withdraw their application for their case to be heard by the African Court on Human and Peoples’ Rights to which they had resorted for their father to be buried in his ancestral home.
This follows the new government’s decision to facilitate the burial in the Central Kalahari Game Reserve (CKGR) in accordance with the wishes of the family.
The Gaoberekwe family has been in a prolonged battle with the government since 2021 when they asserted their rights to bury their father in his ancestral home in accordance with his wish before he died.
New Xade
However, the government rejected the family’s request, arguing that Gaoberekwe was a resident of New Xade.
Speaking recently, the Minister of Justice and Correctional Services, Nelson Ramaotwana, who was the family’s legal representative, stated: “The family will be assisted on how to handle other pending cases related to their struggle.”
Both the Botswana High Court and the Court of Appeal had denied the family’s request to bury their father in the CKGR, citing lack of legal grounds. The family consequently resorted to considering regional and international interventions.
New government
Lesiame Gaoberekwe, Pitseng’s son, had previously told journalists that the family had secured funding and engaged international lawyers to represent them at the African Court on Human and Peoples’ Rights.
However, with the government having met their demands, the family is expected to withdraw their legal challenge.
The African Court on Human and Peoples’ Rights is a continental judicial body established to protect human rights in Africa. Its jurisdiction covers cases involving human rights violations brought against countries that have ratified its protocol, which include Botswana.
International Human Rights Day
However, the new government recently decided to facilitate the burial of Pitseng in the CKGR on International Human Rights Day, 10 December. This is seen as a significant gesture and a potential shift in the government’s approach to resolving contentious issues surrounding the CKGR.
President Duma Boko, who is a human rights lawyer, has characterised Gaoberekwe’s case as a human rights violation and promised BaSarwa good times, including hunting licences, under his government.
The government’s decision to bury Pitseng in the CKGR on International Human Rights Day was lauded by human rights activists and organisations as a step in the right direction.
The CKGR case has long symbolised broader tensions between the BaSarwa community and the government over the right to live and maintain cultural practices within the CKGR. Allegations of human rights violations and systemic discrimination against BaSarwa have accompanied these disputes.