The bushmen have won the court case, but Survival International's false accusations have been rejected by Botswana's High Court.

The High Court in Lobatse has ruled in favor for the Basarwa or Bushmen. They have won the right of access to the Kalahari Game Reserve.
The longest court case in Botswana's history finally came to an end, as Botswana's government decided, not to appeal.

However the Government is not obliged to supply essential services inside the Game Reserve itself, an area half the size of Britain and a population when the bushmen return of less than 1000.

The government of Botswana can feel vindicated by having supplied the services outside the park.

It remains to be seen, how many Bushmen actually wish to stay in the park for a longer period of time, or whether the CKGR becomes merely a hunting ground for them.

This is certainly a solution, both sides can live with.
The question remains, could such a solution not have been found in an out of court settlement much earlier on?

To answer this question, we have to look at an outside player in this case: Survival International.

Survival international unlike local NGO's like Ditshwanelo, started straight away with a confrontational approach towards Botswana's democratically elected government.

Moreover they resorted to a pack of lies in their campaign with the aim to bring the Botswana government down to it's knees.

They claimed, that Botswana's diamonds are blood- or conflict diamonds and started a campaign that should eventually lead to a consumer boycott of Botswana's diamonds.

Even less than two weeks before the ruling of the court they opened another website "boycottdebeers.com".

At the same time they launched another (second) public appeal to actor Leonardo diCaprio, who did not respond to their first public appeal, claiming yet again that Botswana's diamonds are blood- or conflict diamonds and accusing the Botswana government of genocide.

A quick look at the space, that was required for the diamond mines at Orapa and Jwaneng makes it clear, that this comparatively little space would never require any relocation if mining would have started in the CKGR. It is worthwhile to read, what Justice Unity Dow said about this issue in her judgment:

"It would be completely dishonest of anyone to pretend that this (the diamond mining as reason for the relocation) is the case before this court.
Those looking for such a case have to look somewhere else"

Roy Sesana for exactly this reason avoided the witness box because with massive logistical support from Survival International he disseminated these baseless lies and accusations internationally.
In court he would have been asked to give proof, which he could not have given.
He also claimed, that the services, the government of Botswana supplied, ar unnecessary.

May be for him, as his children are attending a private school in Ghanzi, certainly not for the majority of the Basarwas.

I
Botswana's government could not watch it's main revenue, that amongst other things, supports the best anti-AIDS program in Africa, evaporate and become a victim of political blackmailing.

So the government had to go on the defense which made a political amicable solution very difficult.

The ruling of the court. dismissing Survival International's lies, has shown both parties, the Government and the Basarwas, a way forward.

Lasting solutions of conflicts like this one can only come from inside the country. And as this solution has come from Botswana's High Court ruling, a landmark ruling in terms of the rights of minorities, Botswana, not only the bushmen are the real winners.

Dr. Alexander von Paleske
Head, Department of Oncology
Princess Marina Hospital Gaborone
Ex-Barrister-at-Law, High Court Frankfurt (M)