Kweneng Land Board wants to evict its chairperson

Kweneng Land Board wants to join a legal fight to evict its chairperson from a disputed ploughing field in Mmokolodi. The Board, which has been on the fence, has now filed a joinder application declaring its interest in a case in which its chairperson, Kgang Kgang, is facing eviction from alleged rightful owner Boitumelo Setlhabi and four others for the said ploughing field.

Kgang has been claiming ownership of the disputed land and has since reportedly developed it rendering Setlhabi helpless. Setlhabi, who claims ownership of the land, has since sub-divided it to four others, being Lebone Mophuting, Ndiwe Gaolape, Taelo Pabalelo and Tiro Pabalelo. Together they have been trying to evict Kgang and they lodged an application on October 7, 2021.

The basis of the eviction of Kgang is that Setlhabi and four other applicants are claiming to be lawful owners of the land and as such are entitled to so. The eviction application is reportedly prompted by Kgang’s unlawful occupation and development of the property.

The Board now has taken Setlhabi, Kgang and the four others before court seeking to be joined in the matter as an interested party because of its mandate as the custodian of tribal land.

The Board through its attorneys, Legolo Relaeng Attorneys, submitted that as a party with appreciable stake in the outcome of the case, it possesses a direct and material interest in the proceedings in the main application of the disputed land.

The Board argued that in the main application, the dispute between the parties centres on the allocation of land by the Kweneng Land Board.

“Setlhabi contends that they are the rightful owners of the plot having been allocated same by the Kweneng Land Board. On the other hand, Kgang also claims ownership of the plot. It is only right we join to help since we have records of ownership,” said the Board.

The Board also affirmed its jurisdiction over the tribal land in question and stated that it holds record of the sequence in which the land in question was allocated up to the present holders of title.

In its submissions, the Board explained that it is a necessary party in the sense that it is directly and substantially interested in the issues raised before the court, and its rights may be adversely or otherwise affected by any eventuating judgment of the court if joinder is not ordered.

“It is common cause that as the custodian of tribal land by the provisions of the Tribal Land Act which vests ownership of all tribal land on the Land Boards, and as such any matter pertaining to the ownership or otherwise of tribal land affects the land board and in this particular case, Kweneng Land Board,” argued the Board.

The Board pointed that it therefore, both desirable and necessary to join Setlhabi and the other four as a party to the main application in order to enable it to justify its conduct with the existing parties to the proceedings, as well as to enable it to clarify any queries relating to the land under its custody and any order affecting it in any manner whatsoever.

However, Setlhabi and others through their attorney Uyapo Ndadi have opposed the Board’s interest to join the parties arguing that the proposed intervention of the Land Board in the eviction application is not necessary for the reason that it stands to suffer no prejudice in the eviction or non-eviction of Kgang. Ndadi explained that there are legal mechanisms available to the Land Board should it resolve to cancel the Certificates of Title and the same need not be pursued during the course of the proceedings as the Land Board’s rights in respect thereof, would remain intact, whichever order is made in the eviction application.

“On the basis of the above, the applicants pray that the application for joinder should be dismissed with costs not only because it will unreasonably delay this matter but also because the Land Board has not discharged the onus not only of proving its interest but of the prejudice it stands to suffer if not joined,” he said.

Ndadi submitted that in the main matter before court, the applicants seek the eviction of Kgang from the ploughing fields to which they hold title and that they do so on the basis of having certificates of title which are legally accepted as accepted proof of ownership. He said in the application for joinder, it was for the Land Board to demonstrate that should the eviction be granted or denied, some specified prejudice would be visited upon the Land Board by such an order and that the Land Board has not demonstrated any.

“Notwithstanding the fact that the Land Board has not demonstrated the prejudice it stands to suffer from the orders the court may make in the eviction application, the applicants submit that there is no possibility or any prejudice.”

He further mentioned that if the Land Board wishes to challenge the legality of the Certificates of Title, any order made in the eviction application, would not stand in the way of that pursuit in any way.

Facts of the Case

According to court papers, Kgang has occupied the ploughing field since 2002 while Setlhabi claims to be the rightful owner of the field through inheritance from his father. Setlhabi has since subdivided the disputed ploughing field and transferred it to four other people, who want to evict Kgang from the property. Setlhabi’s case is that the Land Board had registered in her name a certificate of customary land grant as an inheritance from her father, Cecil Simon Setlhabi.

However, Kgang on the other hand says the ploughing field belongs to him and won’t vacate it hence an application for the matter to be referred for trial on the basis of dispute of facts.

He relied on the alleged fact that he inherited the ploughing field from his aunt Motshudi Motlapele in 2000 and as proof he had attached a letter from Mmankgodi Customary Court authored by the chief stating that indeed Kgang inherited the plot from his aunt. At the back of the facts is that the disputed ploughing field was initially solely owned by Setlhabi who subsequently subdivided the said property into hectares.

The subdivided hectares were then transferred to four others each owing a portion of the plot respectively. By application filed on October 7, 2021, Setlhabi and the four other alleged owners sought eviction of Kgang from the ploughing field on the basis that they are the rightful owners of the land and as such they are entitled to undisturbed possession.

Kgang reportedly opposed the matter claiming that he had been in occupation of the property since 2002 and had developed it.

“Ontlametse Kgang’s claim to ownership was by virtue of it having been a bogosi/old allocation of inheritance to him. It was not based on the certificate of a title like Setlhabi. The application for eviction was prompted by the alleged unlawful occupation and development of the property by Kgang,” reads the court papers.