Bennett: 2 bulls cannot be in same kraal
MBABANE – “We are talking about a donkey and the attorney is revealing its ears only.”
Businessman Walter Bennett made this comment at the High Court yesterday during the hearing of the matter in which Sigombeni Enterprises (Pty) Ltd is seeking an order to evict occupants of Portion 1 of Farm 246, measuring 85.7 hectares at Sigombeni in the Manzini Region.
The company, whose Managing Director is Bennett, carries out business at the farm. The company also seeks an order to demolish all illegal structures erected on the farm, including any crops that may have been planted by the occupants.
The matter is before Judge Zonke Magagula. Sigombeni Properties is represented by Sabelo Mngomezulu of Mngomezulu Attorneys.
Respondents
The respondents are Shadrack Jele, Sithembiso Gama, Simon Gulwako, Dumisa Shongwe, Make Madzinane, Elizabeth Dlamini and Martin Vilakati.
They are represented by Human Rights Lawyer Thulani Maseko of TR Maseko Attorneys and Sipho Madzinane of Madzinane Attorneys. Others are the Land Management Board, attorney general, national commissioner of police and the Sigombeni Inner Council.
Maseko put it to Bennett that the defendants were allocated the land by the umphakatsi. Bennett pointed out at a meeting to discuss the matter that the Indvuna, one Madzinane, who was now deceased, indicated that the land on the farm was allocated to the defendants erroneously.
Maseko said the defendants were not informed that the land was privately owned and they believed that it fell under Swazi Nation Land (SNL).
Bennett said; “Sikhuluma ngembongolo, ummeli uveta emadlebe kuphela (we are talking about a donkey and the attorney is revealing only the ears).”
The businessman said he did not dispute what the respondents were saying, but added that the story did not end there. He said he was permitted to evict them. He also said two bulls could not be in the same kraal.
Maseko put it to Bennett that the umphakatsi had authority to allocate and settle the defendants on the land because it fell under SNL.
The businessman, in response, said he had already stated that the operated according to its set of rules.
However, the umphakatsi did not have authority to settle people on land that belonged to others, Bennett informed the court. He said the headman, during his lifetime, had mentioned that the defendants were allocated the land erroneously.
Beneficiaries
Maseko also put it to the businessman that one of the beneficiaries of Edward Kelly’s estate, Patricia Kelly and her children, did not consent to the farm being sold to Bennett, and he said he did not know that.
When told by Maseko that the transfer of the farm to him was done without the consent of all the beneficiaries, Bennett said there was never any transfer subsequent to the initial sale. He wondered what the consent being referred to was. He pointed out that he was not seeking to evict Shadrack, whose fields were within the farm and his homestead outside the boundaries of the farm.
In the combined summons filed by Sigombeni Enterprises, it is alleged that the defendants were in unlawful occupation of the farm and came to be in occupation of the farm on various dates.
“The first to eighth defendant alleged to plaintiff that they were allocated the various portions of land that they unlawfully occupy by the Inner Council of Sigombeni Umphakatsi. The plaintiff’s farm is situated on the land that is adjacent to Eswatini Nation Land that falls under the Sigombeni Chiefdom under the late Prince Longeletjane.
Advised
“The defendants were advised by plaintiff on their continued unlawful occupation of the farm and they requested the plaintiff to sub-divide the farm in order for them to individually purchase the portion of the land that each defendant remains in unlawful occupation of,” reads part of the combined summons.
The defendants are alleged to have failed to purchase the portion of the land that they occupy on the farm. They, and all those who hold or claim title under them, are alleged to have no right in law, title or authority over the property of the company.
According to the company, the defendants remained in continued unlawful occupation of the Sigombeni Enterprises’ farm and refused or neglected to acquire title through the purchase of the individual sub-division.
“The defendants have also flatly refused to vacate the plaintiff’s farm with all and any person who remains in unlawful occupation of plaintiff’s property through them.
“The continued unlawful occupation of the plaintiff’s farm or property by the defendants is not only unlawful and or illegal, but it is also prejudicial to the plaintiff as the plaintiff cannot enjoy its right as the owner of the property.
“The plaintiff is being deprived unrestricted use of his property as the defendants conduct farming within the farm as if they have lawful title over same. The plaintiff cannot sell the farm to prospective buyers owing to the unlawful presence of the defendants on the farm.”
Summons
The combines summons further state that the Sigombeni Properties is desirous of evicting the respondents and demolishing illegal structures on the farm.
The defendants informed the court that the land was allocated to them by the Sigombeni Royal Kraal, which has authority in the area.
They submitted that all farms at Sigombeni were purchased by the King through the Lifa Fund.
They argued that all farm owners were advised to come forward so that King Sobhuza II could pay for the farms. “It remains unexplained why the previous owner of this particular farm did not come forward and be compensated accordingly. And also where did they get the authority to retain and sell it outside the process directed by His Majesty,” submitted the defendant.
According to Make Madzinane, the authority of Sigombeni Royal Kraal over the area dates back over 100 years. She alleged that the managing director of Sigombeni Enterprise surfaced after the land had been allocated and they had already built their homes, some having been there for more than 20 years. They argued that the land was rightfully allocated to them by the royal kraal. The matter is pending in court.