Roy­als owe sub­jects R87 000

Mod­jadji lost land case to com­mu­nity

Sunday World - - Sunday Report - By Aubrey Mothombeni moth­ombe­nia@sun­day­world.co.za.

The sher­iff of the court in Bolobedu has slapped the Mod­jadji royal house with a writ of ex­e­cu­tion to at­tach and auc­tion off as­sets.

The as­sets are owned by the the Mod­jadji Tra­di­tional Coun­cil and its leader, re­gent Mpa­p­atla Mod­jadji. This court ac­tion fol­lows on the amount of R87 000 in un­paid le­gal costs em­a­nat­ing from a court or­der ob­tained by the sub­ject over a land dis­pute.

The royal coun­cil was taken to court by the GaSeap­hole com­mu­nity mem­bers un­der a Com­mu­nity De­vel­op­ment Com­mit­tee chal­leng­ing the de­ci­sion of the coun­cil and their head­man Michael Moropene to ex­tend lo­cal busi­ness­man Mo­hale Evans Maake’s farm with­out al­legedly con­sult­ing them.

The com­mit­tee suc­cess­fully in­ter­dicted the busi­ness­man’s move to erect a fence on a land they con­sid­ered to be graz­ing land for their cat­tle and were also awarded le­gal costs by the Polok­wane high court in ad­di­tion to their vic­tory.

The com­mu­nity had ar­gued that the per­mis­sion to oc­cupy (PTO) is­sued to the busi­ness­man was ob­tained il­le­gally.

How­ever, it ap­pears from the pa­pers seen by Sun­day World that the royal coun­cil, rep­re­sented by coun­cil mem­ber John Malatji and the head­man Moropene failed to fork out the le­gal bill as or­dered by the court.

As a re­sult of non­pay­ment, the com­mu­nity and their lawyers ob­tained a writ of ex­e­cu­tion from the court in­struct­ing the sher­iff of the court to at­tach as­sets be­long­ing to both the royal coun­cil and Moropene to cover the le­gal costs owed by the two.

“To the sher­iff or his deputy, for the dis­trict of Letaba and Mopani, you are hereby di­rected to at­tach and take into ex­e­cu­tion the mov­able goods of the first, sec­ond, third and fourth re­spon­dents... and of the same cause to be re­alised by pub­lic auc­tion the sum of R87 832.82,” reads the writ of ex­e­cu­tion is­sued by the court dated Oc­to­ber 8 2018.

The items iden­ti­fied by the sher­iff in­cluded a Toy­ota Hilux, VIP mo­bile toi­let, mo­bile fridge and 100 plas­tic chairs.

All these items were said to be worth at least R50 000 by the sher­iff.

The sher­iff states that on his ar­rival at the Bolobedu Tribal Of­fices on Oc­to­ber 9 in Sehlakong vil­lage, he met with John Malatji, a mem­ber of the royal coun­cil and for­mer spokesper­son, to de­mand pay­ment of the debt owed by the coun­cil.

“As Mr Malatji was un­able to pay the judg­ment debt it was de­manded from him to point out mov­able and dis­pos­able prop­erty which could be at­tached. The iden­ti­fied item­sare­worthR30 000.

Ac­cord­ing to the re­port, re­moval of the items iden­ti­fied was halted af­ter the coun­cil filed an ap­peal.

It has later tran­spired that the coun­cil was not aware of the mat­ter as they were not in­formed about the court ap­pli­ca­tion.

The Royal Coun­cil spokesper­son, Phetole Mam­peule said the coun­cil was shocked to learn about the sher­iff’s visit as they were not aware about the court pro­ceed­ing.

SANDILE NDLOVU /

Re­gent Mpa­p­atla Mod­jadji.

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