Disgruntled villagers from Qawukeni outside Qonce are set to take the provincial co-operative governance (Cogta) department to court over plans to take over a cellphone network tower subsidy that telecom giants Vodacom and MTN pay to the community.
The villagers made the decision during a community meeting on Wednesday.
The rift comes after Cogta resolved to take action through the Traditional and Khoi San Act of 2019 which states traditional councils must be the custodians of resources in rural areas.
This meant that the grant from the telecommunications companies would go through traditional councils.
It was a measure to ease tensions among communities fighting over resources.
Qawukeni, Qaga and Mthombe are the villages in the Keiskamma region, incorporating BCM and the Ngqushwa municipality, which have towers installed.
Qawukeni went into a nine-year lease agreement with Vodacom and MTN in 1997 which renews automatically.
The annual intake for the village is R20,000, with the last renewal being in 2021.
The money is deposited into the Qawukeni Communal Trust and the villagers use it for their benefit.
Community leader Mziwethu Myali said the funds had been properly managed in the community.
“We are simply saying they should change that legislation and apply it to areas which have these problems.
“Our village has managed it quite well and there are no issues,” he said.
“We have built fences, bought agricultural equipment and all essentials using our community trust.”
In April 2024, the SA Human Rights Commission (SAHRC) in the Eastern Cape tried to mediate in the matter in an attempt by the community to reverse the decision.
A letter seen by the Dispatch dated January 30 by SAHRC provincial manager Eileen Carter revealed both parties had failed to reached consensus.
“Unfortunately, no resolution was reached, as the department maintained its position, relying on legislation that, as a rural community, Qawukeni’s funds should be deposited into a traditional council bank account and managed by the traditional council,” Carter said.
“Given the current impasse, we believe it would be appropriate to seek legal assistance from a private practising attorney or, if eligible, from your nearest Legal Aid SA at no cost.”
The community was given 180 days to challenge the decision.
Myali said the community would forge ahead with the commission’s recommendations.
“We are going the legal route [according to] the recommendations of the commission,” he said.
“We also reject the legislation they used because that Act was also disputed because there was no consultation with the communities.
“We will go all the way to the high court if needed or we will take to the streets.”
Another Qawukeni villager, Mvuyiseleli Welese, said: “We didn’t have a problem in this area.
“The only village I know which had disputes with its payments was Qaga, but now that village is united and they don’t want this legislation and want to administer their own income.”
Imidushane Traditional Council spokesperson Tsepho Swartz from the Tamara Great Place said the matter should be settled by the community and the department.
“This is more of the Act than anything else. The village is not fighting the department, rather the financial management clause in the legislation.
“We are not part of the dispute.
“We understand people will have their grievances and we know the department even went to the people to have a consultation.
“The correspondence between Qawukeni and the department has always existed.”
Ward councillor Bulela Ntabeni declined to comment and said the matter should left to the community.
Cogta spokesperson Mamkeli Ngam did not respond to questions.
Daily Dispatch
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