23 Mar 2025

The Land Tribunal, a statutory body established by an act of Parliament in 2014 to adjudicate land appeals emanating from decisions of land boards and council physical planning commissions, is having its structure reviewed.

Assistant Minister of Justice and Correctional Services, Mr Augustine Nyatanga disclosed this to Parliament when presenting the Land Tribunal 2025/26 budget proposal of P50 million, which was approved by the Committee of Supply last week.

Mr Nyatanga told Parliament that the review was being undertaken for the alignment of new functions and creation of critical positions as the Land Tribunal becomes an independent agency under his ministry.

“The department has already completed key milestones such as staff and union consultations, data collection, benchmarking exercises as well as stakeholder role clarity workshop,” he noted.

He said it was expected that a final report would be submitted to the Directorate of Public Service Management (DPSM) for consideration by upper panel in the first half of 2025. The assistant minister said they hoped to address some of the challenges they had identified, including the backlog of cases, as well as the shortage of staff and office space.

While Members of Parliament (MPs) voted unanimously in favour of the tribunal budget, they expressed different views on how it could improve on the discharge of its mandate. Specially elected MP, Major General Pius Mokgware said there had been a backlog of cases before the Land Tribunal emanating from land disputes subsequent to decisions taken under the jurisdiction of the Kweneng Land Board and Mogoditshane Sub-land Board.

He said Kweneng Land Board should have its administration restructured, saying they had presided over a plethora of land disputes. Maj. Gen. Mokgware said this had brought people untold misery as families lost their lands under dubious circumstances, and others spent decades awaiting plot allocation after applying.

Gaborone North MP, Mr Shawn Ntlhaile said to avoid having many cases being lodged before the Land Tribunal, it was important to ensure efficient availing of land for all the three categories of land tenure, being state, tribal and freehold. He said tribal land was undervalued compared to state and freehold land, and the allocation of plots by the land boards tends to be tedious, something he said should be addressed.

Tswapong South MP, Dr Kesitegile Gobotswang said the Land Tribunal had moved from the ministry responsible for lands, to the Ministry of Justice and Correctional Services and the effects of such change need to be clarified.

He said the Industrial Court and Land Tribunal were institutions where people who have been victimised seek fairness and redress, and as such, the turnaround time for solving cases should be fast to avoid delaying justice.

Dr Gobotswang said the land boards should be strengthened in their capacity to do their basic administrative work and in the process reduce the burden of cases that reach the Land Tribunal.

Mr Nyatanga stressed that the Land Tribunal had indeed joined other arbitration bodies administered under his justice portfolio, which means concerns over land boards are handled by a different ministry, that of lands and agriculture. ENDS