oa Comparative and International Law Journal of Southern Africa - Squatters on their own land: San territoriality in Western Botswana

Volume 31, Issue 1
  • ISSN : 0010-4051



The primary objective of this paper is to argue that the San hold aboriginal title to the territory that they are claiming as their nloresi (traditional territories). They are the undisputed original occupants of this territory and it will be argued that their aboriginal title survived the acquisition of the territory by the British. Following this line of argument, it will be further shown that San customary law regarding land tenure should form the basis of any decisions regarding land in the San traditional territories (Kalahari). The last section will explore possible alternatives under contemporary legislative instruments such as the Tribal Land Act.

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