The land question in Botswana A commentary on the report of the presidential commission of inquiry into the Review of the constitution of Botswana

Abstract

The land question in Botswana dominated the public deliberations during the Presidential Commission of Inquiry into the Review of the Constitution of Botswana, which was appointed by the President of the Republic of Botswana, Mokgweetsi Masisi, on 17 December 2021. In the Constitution of Botswana, the subject of land is only mentioned curtly in section 8. However, in countries such as Zimbabwe, Zambia, South Africa, and Mozambique, national constitutions extensively deal with land issues. Batswana's (citizens of Botswana) sustained and passionate debate suggests that they want the subject of land entrenched in the constitution should it be reviewed. The article is not a critique of the Report of the Presidential Commission in toto. It only analyses the major land issues raised and captured in it. The (illegal) selling of land; the role of the land boards and dikgosi (chiefs) in land administration; the impact of colonial land alienation; the compulsory acquisition of tribal land; the delays in land allocation; and the shortage of (serviced) land, among others, dominated the inquiries. These issues require an academic analysis to contextualise them and guide the national debate further. The article relies on the Report of the Presidential Commission, published works, and official documents from the government of Botswana. It concludes that the "absence" of the subject of land, and or land rights, in the constitution of Botswana is a concern in a liberal democratic society.