US embassy cable - 05GABORONE1268

UNCLAS GABORONE 001268 
 
SIPDIS 
 
 
SENSITIVE 
 
AF/S FOR MUNCY 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, BC, SAN/CKGR Relocation, Human Rights 
SUBJECT: HIGH COURT JAILS LEGAL ADVISOR TO PRESIDENT 
 
REFERENCE: GABORONE 1228, GABORONE 913 
 
1. (U)  In a dramatic turn of events, Botswana's High 
Court jailed for contempt the Special Advisor to the 
President Sidney Pilane, who is the State's lead counsel 
in the court case challenging its policy of relocating 
San and other minorities out of the Central Kalahari Game 
Reserve.  During hearings on Thursday, September 1, 
Justice Dibotelo ruled a question posed by Pilane to his 
witness inadmissible.  Pilane demanded to know the reason 
behind this ruling.  When Justice Dow advised Pilane to 
stand while the court addrssed him, Pilane declined. 
She then sentenced Pilane to four days in jail.  Pilane 
spent the weekedin jail and apologized to the court 
when hearigs resumed on Monday, September 5. 
 
2. (SBU)  Ths intemperate outburst is consistentwith 
Pilane's earlier behavior (Refs A and B).  Significantly, 
however, it also demonstrates that the judges have 
refused to supinely surrender their authority in view of 
Pilane's position as Special Advisor to the President. 
The unwillingness of the executive to intervene and bail 
out Pilane speaks to its respect for the independence of 
the judiciary.  Although the judges have allowed Pilane 
to prolong the proceedings on some times flimsy grounds - 
- e.g. the recent trip to Gope (Ref A) -- it cannot be 
said that the trial has been patently unfair. 
 
3. (U)  In a related incident, Botswana's Department of 
Wildlife and National Parks has restricted access to the 
CKGR following the reported outbreak of sarcoptic mange 
among livestock of those who surreptitiously returned to 
the Reserve.  This is not to be confused, however, with 
the denial of an application by members of First People 
of the Kalahari to visit the CKGR in early August, which 
occurred before the outbreak of this contagious disease 
(Ref A). 
 
BIO NOTE 
 
4. (U)  Sidney Pilane became the first Special Advisor to 
the President in September 2001.  In this position, he 
advises the President, Vice President and other senior 
officials on legal, administrative and political matters. 
Previously, Pilane practiced law in Botswana and South 
Africa from 1997 to 2001.  Between 1997 and 1998, Pilane 
was Chief Director and Special Advisor to the Minister of 
Justice in South Africa.  From 1983 to 1996, Pilane 
practiced law as a private attorney in Botswana. 
 
5. (U)  Pilane received a Bachelor of Laws degree from 
the University of Botswana and Swaziland in conjunction 
with the University of Edinburgh in 1983.  He later 
completed a MBA at the University of Botswana in 1994. 
 
6. (U)  Pilane had been active in the Botswana Democratic 
Party (BDP) Youth Wing before competing in a BDP primary 
for the Kgatleng East constituency prior to the 1999 
election.  After losing that contest, Pilane left active 
participation in party politics. 
 
7. (U)  Pilane was born on May 31, 1958.  He is married 
and has two children. 
 
8. (SBU)  According to a former employee of Pilane's, he 
is close to Vice President Khama and, therefore, likely 
to remain a person of some influence in the next 
administration. 
 
AROIAN 
 
 
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