ƒ”‘……—’ƒ–•‘–…‘’Ž›‹‰™‹–Š‹‹•–‡”ǯ•‘”†‡”Ǧ
MBABANE – Mahamba Gorge (Pty) Limited has alleged that the occupants of the farm it purchased indicated that they would not comply with the minister’s order.
The minister of Natural Resources and Energy’s order was to the effect that: ‘The appellants (occupants) and respondent (Mahamba Gorge) should 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’.
The occupants of Farm Johannesloop No.19, Shiselweni Region, have taken Mahamba Gorge to court and 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.
In the answering affidavit, the Director of Mahamba Gorge (Pty) Limited, Sandile Simelane, said after the Central Farm Dwellers Tribunal had ruled in its favour, a warehouse was built to develop the farm at a cost of around E 1 500 000. Inside the warehouse, the respondent stored chemicals worth over E 1 400 000.
Simelane submitted that the respondent’s joy was short-lived as not long thereafter, the residents filed an appeal with the minister of Natural Resources and Energy in terms of Section 9(3) of the Farm Dwellers Act and the matter was heard by the then Minister Peter Bhembe who made a ruling as follows: The appellants and respondents negotiate and conclude an agreement with the assistance of the director of land affairs in order to legitimise their stay on the farm.
Warehouse
According to Simelane, the applicants allegedly set alight the warehouse that was constructed by the respondent on the farm and it was burnt to ashes.
Simelane told the court that in compliance with the ruling of the minister, they approached the office of the Director Land Affairs, Gabsile Mabuza, to facilitate meetings between the applicants and the respondent. He said several meetings were called and held by Mabuza, including the current Acting Minister of Natural Resources and Energy Jabulani Mabuza.
“The Applicants have resisted all efforts to have the agreements in place and in one of the meetings they indicated that they will never comply with the order, nor will they leave or vacate the farm. The latest of correspondences directed to the minister of Natural Resources and Energy.
“The resolve by the respondent to remove all the applicants from the farm follows also a number of incidents of violence and property destruction which has compromised the security of the respondent from the farm. Considering all the above events and to try to limit the destruction of property on the farm, the respondent then placed barbed wire around the farm and the wire was cut and destroyed over night by unknown people,” said Simelane.
He also informed the court that due to the increase in crime or destruction of property on the farm, Mahamba Gorge then engaged security guards from K9 Security Company (Pty).
According to Simelane, the applicants had no right in law to remain on respondent’s property, let alone to rear and keep cows that are over 250 in number.
He further submitted that the applicants were squatters on the farm and there was no history that showed that the previous owners of the farm allowed them to remain on the farm as Farm