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Botswana bushmen face key verdict Legal blow to Botswana's bushmen
(about 1 hour later)
Bushmen from the Kalahari desert have gathered to hear a verdict on whether they were evicted illegally from their ancestral lands four years ago. Bushmen from the Kalahari desert evicted from the land four years ago may not return, one of three judges presiding over the case has ruled.
The trial is seen as a test case of whether governments can move people from tribal lands, as the Botswana authorities did in 2002. In a blow to the tribe, the judge decided in favour of the government which had evicted the bushmen in 2002.
Botswana says the bushmen abandoned their traditional ways long ago and have no claim to the area. But two other judges have yet to rule on the case, the longest and most expensive in Botswana's history.
The case is the longest and most expensive in Botswana's legal history. Botswana has argued that the bushmen abandoned their traditional ways long ago and have no claim to the area.
The BBC's Orla Guerin, who is at the court, says there has been a very subdued reaction from the bushmen who had gathered to hear the verdict.
'Dispiriting' camps'Dispiriting' camps
Water supplies to the Kalahari game reserve were cut off and the bushmen were moved to functional but bleak settlements, where a new way of life was imposed. The San people - known as bushmen - brought their case forward after being moved to functional but bleak settlements outside the Kalahari game reserve, where a new way of life was imposed.
A bushman involved in the case said they were entitled to their land. But the government said the bushmen do not belong to the Kalahari any more because their lifestyle has changed, and their presence interferes with conservation.
"We are keen to go back to our ancestral land, where we will practise our traditions and culture," Chika Moeti said.
However, the government says the bushmen do not belong to the Kalahari any more because their lifestyle has changed, and their presence interferes with conservation.
The reserve was a poverty trap that denied them access to health and education, it said, arguing that the bushmen were better off in the settlements where they have clinics and schools along with food and water.The reserve was a poverty trap that denied them access to health and education, it said, arguing that the bushmen were better off in the settlements where they have clinics and schools along with food and water.
The bushmen's lawyer contends that although there are facilities in the camps, there is little for them to do. They also deny allegations that the bushmen were driven out to make way for diamond mining.
The bushmen's lawyer contend that although there are facilities in the camps, there is little for them to do.
"Almost everybody is dependent, to a greater or lesser extent, on handouts and that's a rather dispiriting experience," Gordon Bennet says."Almost everybody is dependent, to a greater or lesser extent, on handouts and that's a rather dispiriting experience," Gordon Bennet says.
Diamond mining
The BBC's Orla Guerin in Lobatse, where the verdict will be handed down, says there have been allegations of police brutality, denied by the government.
The authorities also deny reports that the bushmen were driven out to make way for diamond mining.
"The issue about rich diamond deposits is not a factor, because the case is that the deposit inside the game reserve is actually not viable," Botswana's foreign ministry spokesman, Clifford Maribe, said.
"So there is no reason at all to relocate people who are living about 200km (125 miles) from these non-economic deposits," he added.
There has been some drilling in the Kalahari, but a government spokesman said there is prospecting activity throughout the country, not just in the reserve.