Compulsory Land Acquisition and Compensation in Botswana: The Case of Pitsane-Tlhareseleele Road Project.

Abstract

Section 8 of the Constitution of Botswana stipulates that the state is empowered to acquire private land compulsorily for public benefits upon prompt payment in full, of just compensation. An expropriation and compensation framework is outlined in the Acquisition of Property Act (Chapter 32:10) of 1955 (the Act). There is a general consensus from previous researches that major challenges caused by compulsory acquisition internationally include lack of compensation or where compensation is offered, it is either inadequate or delayed. The purpose of this study was to contribute to the existing academic debate by establishing if there is consistency in compulsory acquisition and expropriation policy and practice in Botswana. A case study approach was adopted and Tlhareseleele-Pitsane road project was chosen. The choice of this case study was influenced by the fact that one of the researchers was well versed with the culture and language of the affected people. A total of twenty-two (22) displaced people and eight (8) key informants, four (4) from Rolong Land Board and four (4) from Good Hope Council were interviewed. Results of this study established policy-practice gaps in the calculation of compensation in Botswana. The statutory and policy frameworks provide for a consensus based compensation approach but the displaced people ‘lamented’ that the valuation method which was used by compensation authority was not transparent. Major limitations of this study are that it was based on a single case study with a limited number of affected people. Results of this study can help to inform policy and practice on compulsory land acquisition in Botswana. This study is original work which contributes to the existing debate on compulsory land acquisition in Botswana. The results of this study are relevant to the fields of real estate and law.