Or‰eǡ residents far dis’—te ra‰es on
MBABANE – Residents of the farm that was purchased by Mahamba Gorge (Pty) Limited have accused the director of land affairs of doing nothing to legitimise their stay on the farm.
This is despite an order by the minister of Natural Resources and Energy.
The residents of Mbondzela, at Farm Johannesloop No.19, Shiselweni Region, made this allegation in an urgent application at the High Court, where they are seeking an order that, pending the drafting and scoping of agreements between them and Mahamba Gorge, regularising their stay on the farm, the latter be interdicted from removing their cattle from the property.
There were allegedly over 250 cattle on the farm. The residents informed the court that in 2009, Mahamba Gorge bought the farm and took occupation of it. He said they were residing on the farm, tilling the soil, growing maize and rearing cattle when Mahamba Gorge bought it.
According to Petros Mdluli, in 2016, Mahamba Gorge applied to the Shiselweni Region Farm Dwellers Tribunal for an order evicting them from the farm and on October 16, 2016 the tribunal granted the order for their eviction.
Appealed
He said they appealed the ruling to the Central Farm Dwellers Tribunal and lost the case. Mdluli also stated that they appealed to the minister of Natural Resources and Energy and he set aside the ruling of Central District Tribunal.
The minister made a ruling in the following terms: ‘The appellants and respondent negotiate and conclude an agreement with the assistance of director land affairs in order to legitimise their stay on the farm. Accordingly, the decision of the Central Farm Dwellers Tribunal of 19th October 2017 is hereby set aside’.
Despite the lapse of reasonable time and that they wrote letters to the director land affairs and ‘she has not done anything towards drafting lane agreements’.
Mdluli informed the court that on February 27, 2023, their lawyers wrote to the director land affairs and he personally delivered it to her. He alleged that the director remarked after reading the letter that it had to go through the principal secretary (PS).
“To date, she has not done anything towards drafting the agreements,” Mdluli alleged.
The veracity of these allegations is still to be tested in court. He informed the court that on May 9, 2023 their attorneys wrote to the Ministry of Natural Resources and Energy and in light of those letters, ‘clearly the Ministry of Natural Resources and Energy is delaying the process. Meanwhile, the Mbondzela community is suffering immensely at the hands of the respondent (Mahamba Gorge).
Livestock
Mdluli also told the court that on February 21, 2021, the respondent wrote letters ordering the removal of livestock from the farm.
“The letter was directed to applicants ordering them to remove livestock from the farm, failing which by February 25, 2023, the cattle would be confiscated. On February 26, 2023, through K9 Security, respondent tried to attach and remove the cattle from the farm but community members resisted the attempted dispossession,” said Mdluli.
He further alleged that February 27, 2023, K9 Security guards, on the instruction of Mahamba Gorge, attacked the people who were herding cattle. He said the security guards removed and detained the cattle.
“This time they were armed with rifles and handguns and were shooting at the people who were in charge of the cattle. Thulani Lukhele sustained injuries all over the body as a result of the assault by the K9 Security guards.
“After the attachment of our cattle on February 27, 2023, we filed an application for their return at the High Court under civil case 592/23 (which was erroneously reflected as 595/23 in the judgment. The High Court ordered the return of our cattle.
“On March 31, 2023, respondent returned the cattle but on April 4, 2024, respondent took them out of the farm and left them in the veld and in other people’s property and fields. Some of the cattle were driven out of the kraals by respondent’s agent, K9 Security. “Whoever resisted the removal was assaulted and or threatened with guns. Even to date, K9 Security guards chases away any cattle brought onto the farm. As a result of this action by the respondent, we are forced to look after the cattle night and day because they are not in kraals, which itself is a big inconvenience,” Mdluli added.
According to Mdluli, by removing the cattle from our possession, without any form of justification like a court order, Mahamba Gorge was taking the law into its own hands because their stay on the farm was justified by the minister’s decision. He said ‘we reside with our cattle while awaiting the regularising of such stay by agreements’.
Irreparable
“We suffer a great loss of irreparable harm by the removal of our cattle from the farm in that the cattle are no longer cared for, they were not vaccinated and now have ticks, which may result in diseases. The cattle no longer dip regularly in terms of laws governing the rearing of livestock we are supposed to be responsible yet respondent has denied us that right.”
Mdluli told the court that a number of cattle belonging to some of the residents had died.
He submitted that the decision of the minister of Natural Resources and Energy conferred upon them the right to stay on the farm with our possessions, including the cattle, until the agreements were signed.
He said even if an application were to be made to compel the director land affairs and the minister to convene the negotiations and finally draft the agreements, logistics did not permit a speedy resolution of the matter. He said there were about 29 farm dwelling families and it would take a lot of time and organisation.