Two rural communities seeking ownership of almost the entire central district of Mthatha and most of its suburbs and townships have suffered a major setback after the Land Claims Court dismissed one of the biggest land claims in the Eastern Cape.
The Dispatch has seen a judgment issued on Friday dismissing claims lodged by the Zimbane land claimants, comprising about 18 villages, and the KwaLindile community.
According to the judgment, the KwaLindile claim was referred to the court in 2008 by the regional land claims commissioner, while the Zimbane claim followed in 2014.
“The two referrals were consolidated for purposes of determination because part of the land claimed by KwaLindile overlaps with that claimed by the Zimbane [claimants],” the judgment states.
“This is the portion of land identified as Erf 912 Mthatha.
“The majority of the land claimed falls within an area of Mthatha which has either been earmarked for development or where development has already occurred.
“At this stage, the court is asked only to consider the validity of the land claims, not whether it is feasible to grant restoration.”
The court noted that the KwaLindile claimants accepted that only undeveloped portions of the land could realistically be restored and that they would accept financial compensation where restoration was not possible.
The Zimbane claimants adopted a similar position.
The land in dispute, known as the commonage, was registered as Erf 912 in 1923 when ownership vested in the City of Mthatha.
The King Sabata Dalindyebo (KSD) municipality later became the successor in title.
KSD challenged the validity of both claims and now the court has ruled that neither community had established a valid claim over Erf 912.
The claimants had previously secured a Constitutional Court ruling in 2012 after appealing against an earlier decision.
Some KwaLindile community members declined to comment, saying they had not yet been informed of the judgment by their legal representatives.
However, Zimbane Land Claims Committee chair Oscar Mnqoto said the community intended appealing.
“As far as we know, the Constitutional Court ruled in 2012 that we have a valid claim,” Mnqoto said.
“We do not know why these lower courts are changing the decision of the apex court.
“We will instruct our legal team to appeal this.
“In the Constitutional Court judgment, we were told we have a valid claim and that we should be compensated for land already developed, while we would work with the municipality to develop the remaining land.
“We are still willing to work with the municipality to develop Mthatha. We are definitely going to challenge this judgment.”
The Dispatch previously reported that more than 200 Zimbane claimants received more than R22m in compensation in 2018 for 1951 betterment removals.
The broader land claim, covering 18 villages and parts of Mthatha, was estimated to be worth as much as R1bn.
In a statement following the judgment, KSD municipal manager Ngamela Pakade welcomed the ruling, saying it ended uncertainty that had stalled development on Erf 912 for about 20 years.
“The municipality has consistently maintained that development cannot be indefinitely delayed by claims that do not meet the legal requirements applicable to land restitution,” Pakade said.
He said the court found the KwaLindile community had failed to prove a valid claim over the remainder of Erf 912.
On the Zimbane claim, Pakade said the court found the alleged dispossession stemmed from a transaction involving AbaThembu Paramount Chief Ngangelizwe in 1881.
“This falls outside the period regulated by the Restitution of Land Rights Act, which provides relief only for dispossession after June 19 1913 arising from racially discriminatory laws or practices.
“As such, the Zimbane claim has also been dismissed.”
Pakade said while the municipality recognised the pain and lasting effects of historical land dispossession, restitution had to follow lawful, evidence-based and constitutionally compliant processes.
“For more than 20 years, uncertainty relating to Erf 912 has frustrated the municipality’s ability to proceed with development that could contribute to improved housing, retail developments, infrastructure investment, employment opportunities and local economic activity.”
He said the judgment now allowed the municipality to engage planning authorities and relevant departments to unlock the development potential of Erf 912 in compliance with planning, environmental and municipal legislation.
“This outcome is not a victory against any community,” Pakade said.
“It is the restoration of legal clarity and an opportunity to ensure that the land serves the social and economic needs of the people of Mthatha.”
Daily Dispatch
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