Abstract:
The Botswana Court of Appeal has recently pronounced on the right of
the Basarwa, resident in the Central Kalahari Game Reserve, to water. This
case note looks at this decision of the Court of Appeal pertaining to the
refusal of the government to allow the Basarwa to recommission, at their
own expense, an existing borehole. It examined the arguments that were
placed before both the High Court and the Court of Appeal by the parties
as well as the decisions of the courts. The note provides insight into the
possible implications of the decision on the judicial enforcement of socioeconomic
rights in Botswana.
