Transformations on the Ground , livre ebook

FRAMING THE GLOBAL BOOK SERIES
The Framing the Global project, an initiative of Indiana University Press and the Indiana University Center for the Study of Global Change, is funded by the Andrew W. Mellon Foundation.
Hilary E. Kahn and Deborah Piston-Hatlen, series editors
Advisory Committee Alfred C. Aman Jr. Eduardo Brondizio Maria Bucur Bruce L. Jaffee Patrick O Meara Radhika Parameswaran Richard R. Wilk

This book is a publication of
Indiana University Press Office of Scholarly Publishing Herman B Wells Library 350 1320 East 10th Street Bloomington, Indiana 47405 USA
iupress.indiana.edu
© 2019 by Anne M. O. Griffiths
All rights reserved No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher. The paper used in this publication meets the minimum requirements of the American National Standard for Information Sciences-Permanence of Paper for Printed Library Materials, ANSI Z39.48-1992.
Manufactured in the United States of America
Cataloging information is available from the Library of Congress.
Library of Congress Cataloging-in-Publication Data

Names: Griffiths, Anne M. O., author.
Title: Transformations on the ground : space and the power of land in Botswana / Anne M. O. Griffiths.
Description: Bloomington : Indiana University Press, 2019. | Series: Framing the global book series | Includes bibliographical references and index.
Identifiers: LCCN 2019013601 (print) | LCCN 2019017133 (ebook) | ISBN 9780253043580 (ebook) | ISBN 9780253043566 (hardback : alk. paper) | ISBN 9780253043573 (pbk. : alk. paper)
Subjects: LCSH: Land use-Government policy-Botswana. | Land tenure-Law and legislation-Botswana. | Globalization-Economic aspects-Botswana.
Classification: LCC HD996.Z63 (ebook) | LCC HD996.Z63 .G75 2019 (print) | DDC 333.3096883-dc23
LC record available at https://lccn.loc.gov/2019013601
ISBN 978-0-253-04356-6 (hdbk.) ISBN 978-0-253-04357-3 (pbk.) ISBN 978-0-253-04358-0 (web PDF)
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For Ed
CONTENTS
Preface

Introduction
Part I Historical Dimensions of Land in Botswana: Contemporary Entanglements
1 The International Landscape and Its Influence on Land in Botswana
2 Reframing the Governance of Land: Global, National, and Local Intersections
3 Institutional Frameworks and Governance: Kweneng Land Board and the Administration of Land
Part II The Bottom-Up Impact of Land on Diverging Family Lifeworlds and Gender Relations
4 Families, Networks, and Status: Grounded Perspectives on Access to and Control over Land
5 Transformations on the Ground: The Changing Position of Women in Relation to Land
Part III Law and Space: Negotiating Legal Plurality in Botswana
6 Negotiating Conflict: The Handling of Disputes in the Land Tribunal
7 Constructing Legality in the High Court and the Court of Appeal

Final Reflections: The Myth of a Single Global Vision

Appendix

References

Index
PREFACE
I FIRST CAME TO B OTSWANA IN 1980 to help set up the Law Department at what was then the University of Botswana, Lesotho and Swaziland (UBLS), now the University of Botswana. The Edinburgh University Law Faculty was providing two years of legal training in Edinburgh to students from these countries as part of a five-year program. As part of that effort, I was brought on board to prepare course materials for teaching family law by my colleague Sandy McCall Smith, who was heading the team to establish the department. This assignment was my introduction to legal scholarship in Botswana in which I have maintained an interest for over thirty years. I remain indebted to the late S.G. Masimega who was my mentor, guide, and interpreter during the earlier years of my research that culminated in the publication of my book In the Shadow of Marriage: Gender and Justice in an African Community , published in 1997. As we worked together over the years, people in Molepolole village would comment, There goes the old man again with his shadow.
I have carried out field research in the country at various periods of time, intensively in the 1980s, with a gap into the 1990s. Building on this earlier research, my study on which this book is based was carried out mainly in 2009-2010, with shorter periods of further research in 2011, 2012, 2013, 2014, 2015, and more extensively in 2016.
My findings are thus the product of work from different periods in time, and I have tried to flag these variations in the text as frequent changes to legislation precluded updating all the elements of my research. So, for example, a new Tribal Land Bill was introduced in 2017, but this book does not deal with its provisions, except to indicate in places where changes are proposed. The same is true for government ministries whose designations changed in 2016. I refer to the ministries and departments as they were when I carried out the bulk of my research in 2009-2010 and 2012. As a result, what is presented is a patchwork of findings woven into a narrative that has been put together over time and space.
One of my major goals has been to highlight the degree to which people in Botswana actively participate in debates about land and land reform at all levels of society. While one participant at a workshop commented that I quoted too extensively from my interviews in a paper I presented, I have consciously adopted this strategy in my book in order to forefront the voices, perceptions, and experiences of people s relationships with land across a wide range of domains and at a number of levels. I believe these firsthand accounts are important because all too often the people who lie at the heart of the research process remain silent.
Over the years, many people and institutions have generously assisted me in my research and with the drafting of this manuscript. Without their ongoing support and encouragement, I would not have been able to write this book. These include my research assistants, Phidelia Dintwe, Kawina Power, Boineelo Borakile, and Phenyo Churchill Thebe, to whom I remain indebted for their hard work and support. I would also like to thank the administrative staff and land board members for Kweneng Land Board (KLB), who made me welcome and showed great patience in dealing with my questions and in making materials available to me. They include David Botlhoko, Frank Nkomo Tshiamo, Oduetse Lekoko, Rra Khuduego, Mma Bantle, Flora Moageng, Rra Mahatshwa, Mma Benjamin, Neo Tshaakane, Henry Matashwa, Asego Ditshilwana, Rra Mabine, Victor Baboloki, Rra Bafitlhile, Rra Dintwe, Ikopoleng Shabance, Itsheakeng Tsheboagae, Thato Pako Chale, Boinyana Keforilwe, Samuel Leero, Simon Marone, Tower Segwale, Punah Sekgetle, Badina Moalatshwang, David Mtebang, Henry Deeds, Major Olebeng Seitiketso, Ata Sakaio, Nr Ntebang, Mma Phakedi, Borra Matshidiso, Sebako, Selioka, Rra V. B. Job, Mma Annah Ramotsisi, Borra Lombhala, Maabang, Letlole, Bomma Botita, Monkutwatsi, Sherbana, Male, and Rra Speerk. I am also grateful to the administration and members of Tlokweng Land Board, who have discussed their development of land policy over the years and provided a contrast to the workings of KLB.
Thanks are also due to Bakwena Tribal Administration and the staff and members of the Customary Court of Appeal, who were so generous in making me at home while listening to disputes and making records available and who participated so willingly in interviews. They include Norman Bakwena, Rra Mhaladi, Patricia Sechele, and especially K. K. Sebele, who remembered working with me in the 1980s and encouraged his staff to support my research project. As part of this process, I would like to give special thanks to the headmen and members of Dikoloing, Lekgwapheng, Mokgalo, Mokgopeetsane, and Ntoloolengwae wards. The families and descendants of brothers Makokwe and Radipati are also owed a debt of thanks. They are too numerous to list here but they are named in the main body of the text.
I am also grateful for all the support and assistance provided by the administrative staff and members of the Land Tribunal. They include Borra Baruti, Nare, Mologelwa, Mma Moremong, Ms. Chuma (now Mrs. Kaisara), Kebalepile Rutherford, Simon Rapinyana, Borra Tobedza, Mareng, Marengi, and Mma Mabua. I am especially indebted to Kabelo Manase who has unfailingly provided me with tribunal transcripts and kept me up to date on the working of the Tribunal.
In addition, my thanks are due to all government personal and members of various ministries and departments who spent time with me over the years in discussing their work and land policies. These include the Department of Land; Department of Housing, Deeds Registry; Department of Surveys and Mapping; Department of Town and Regional Planning; Department of Technical Services; Department of Corporate Services at the Ministry of Lands and Housing; Attorney General s Chambers; Ministry for Defence, Justice, and Security; Department of Housing; Ministry of Labour and Home Affairs; Department of Women s Affairs; Central Statistics Office; and Poverty Eradication Programme within the Office of the President. The individuals concerned are too numerous to be named here but they are acknowledged in the text.
Nongovernmental organizations have also been very supportive of my research, and I would like to thank the Botswana Association of Tribal Authorities (BATLA); Women s Finance House; Ditshwanelo (Center for Human Rights), Gaborone and Kasane branches; Emang Basadi (Stand Up Women); Gender Links; Botswana Institute for Development Policy (BIDPA); Skillshare International; the Bo