As we celebrate the Burial of Rre Pitseng in the CKGR, with a bit of reading, we are able to uncover the following:
The Old man indeed originates from Metsiamanong in the CKGR. He was born there.
He died at Princess Marina on 21 December 2021. At the time of his passing, he was a New Xade resident. New Xade is just outside the CKGR.
In New Xade, he was a registered destitute, and was taken care of the Council ya Gantsi, as per the Revised National Policy on destitude Persons. He was declared a New Xade permanent destitute in December 2016. The council is normally responsible for the burial of destitude Persons. The council tried to have him buried in a cemetery outside the CKGR, leading to the legal war that followed.
He applied for a plot in New Xade in May 2017. And he was successful. He was given a plot in May 2018. He was later approved for priority housing, and a house was built for him in New Xade by the government. He died a man with dignity. He had a roof over his head, and food to eat.
There was also information sugesting that he moved to New Xade in 1997, from CKGR. This is what the authorities were told when he applied for a plot in New Xade.
His family lost the case to bury him inside the CKGR. They appealed the judgment, and lost the appeal as well.
Faced with the facts above, the courts did not agree that the old man had a right to be buried in the CKGR.
One thing I can assure you is that all the judges involved gave the matter serious attention. All the judgments are well written. Do not believe the President when he says the judges were somewhat heartless and not compassionate. Even he knows that it is not hearts and compassion that decides cases. Judges look at the facts, and the law to make a determination.
It is okay to differ with judges and their judgements. However, the President cannot be seen to be demonizing judges and publicly criticizing them for specific decisions that they made. More so decisions where he acted as a lawyer. How then will ordinary people have confidence in the judicial system? To be fair to him, he did say that he is human, and that he will make mistakes, and that no one should be afraid to point out mistakes. He is making a mistake with repeated pronouncements bashing the judiciary.
The Judiciary must be left to be free and independent. These judges don’t even have any right to reply the President. The law does not allow them! Judges are not even allowed to explain their decisions outside the court. They only speak in court.
The Decision by the government to allow the old man to be buried in the CKGR is welcome. Mme let’s not lose the context and background of things. We commend the President for a promise made, and a promise fulfilled. Our President’s legal career is illustrious. He is an avid advocate for human rights. Yet he can’t be an activist and a President at the same time. He is bound to cross lines.
Re seka ra dudueletsa sengwe le sengwe, le mo eseng gone.
Tholang le Modimo.
