Land grab victims left powerless
Community claims Induna is selling their land illegally.
MFOLOZI landowners claim their privately owned properties continue to be sold illegally by a local Induna despite hundreds of thousands of rands in legal fees and interim court orders to stop the wholesale land grab.
According to the landowners, who wish to remain anonymous after receiving death threats, their land is divided up and sold for cash right before their eyes and they are powerless to put a stop to it.
The landowners say iNduna Msane, whose 1998 land claim was dismissed last year, has in recent years been earmarking plots of privately owned land and selling them to third parties for R10 000 and more.
In one case, R100 000 was reportedly paid for six hectares of land, forcing the rightful owner to obtain a court interdict to prove he holds the title.
Buyers of the plots are mostly teachers, nurses and police officers and are allegedly instructed by Msane to build ‘upmarket houses’ on the plots.
The first land grab involved privately owned land at the Mfolozi Protea Hotel, which the induna parcelled up and sold.
A second landowner in the area had his farmland levelled and fenced overnight by ‘buyers’.
In both cases, the rightful owners instituted court proceedings and obtained a Rule Nisi (interim court order). Despite this, the land grabs continue.
Landowners say attempts to dissuade Msane from selling land that is not his have been met with aggression and threats of death and arson.
Mfolozi Municipality was involved in the third case as it awarded a contract for a crèche and school to be built on privately owned land.
By the time the rightful owner had obtained an interdict preventing the municipality from entering his land, the contractors had laid the school’s foundations. Mfolozi Mayor, Councillor Mgenge, allegedly claimed the property was Ingonyama Trust land.
The most recent plot sold by the Induna is opposite the Mfolozi Protea Hotel, where the land is currently being fenced off. Affected parties believe Msane has advertised for the auctioning of the property’s homestead.
Private owners aside, Umfolozi Co-operative Sugar Planters (UCOSP) and Sanral are suffering the same treatment. Sanral land is currently being cleared for development.
The rightful owners who legally hold title to the properties in question say they stopped re-erecting perimeter fences which were constantly broken down and stolen and are spending upwards of R200 000 in legal fees to defend their property rights.
No help from authorities
Civil claims have been laid by the affected individuals as police intervention, according to them, is negligible since KwaMbonambi police officers continually fail to address the issue or bring those involved to book, despite being aware of the issue.
The KZN Department of Rural Development and Land Reform had apparently inspected one of the sites, but failed to take the matter further.
Neither the department’s spokesperson, KwaMbonambi SAPS Station Commander, Col Mgenge, nor Induna Msane could be reached for comment.
‘The state should be protecting the civil rights of the landowners as per the constitution’s protection of private property clause. Municipalities should also be protecting their ratepayers,’ one of the landowners said.
