Hands off, court orders induna

AN INDUNA and a small group of his supporters are threatening a R1 billion government project to build 5 500 houses as part of an integrated development in what was once the environmentally-protected Dukuduku Forest near Mtubatuba.

The MEC for economic development and tourism affairs in the province has secured a Durban High Court interim interdict against Almond Sithole and eight others, stopping them from threatening, physically harming or killing teams employed to clear and demarcate the boundaries of the project and from illegally selling off sections of the land.

Sithole and the other respondents intend to oppose the finalisation of the order. They have been given until June to find legal representatives and file affidavits.

The forest, which abuts the Isimangaliso Wetland Park and the sensitive Umfolozi flood plain, was bedevilled by conflict for many years as residents, environmental bodies and land claimants vied to protect their interests.

Project manager Frederick Brooks said in his affidavit before the court that members of the local community had at times built homes and villages in the forest, and attempts to remove them had led to violent confrontations.

With local indunas granting rights of occupation to people, there was large-scale clearing of land, with losses of indigenous plants and hardwood trees which contributed to the silting up of the St Lucia Estuary.

Brooks said in 2007 Unesco threatened to withdraw the park’s “World Heritage” status unless matters were brought under control and the national cabinet mandated the provincial government to “manage a project” to accommodate all role-players.

Resistance

“All attempts to remove people from the forest were met with strong resistance,” he said. “Eventually their rights were acknowledged… the forest lost its protected status and it was agreed the area would be developed as a township, the community agreeing that they would refrain from any agricultural development on the flood plain and there would be a green corridor between Mtubatuba and St Lucia.”

Brooks said the community had also agreed to abide by all relevant laws.

He said the project aimed to deliver an “orderly living environment” with full land tenure and rights.

R500 million had already been spent and now the demarcation of the outer boundary was necessary to ensure no encroachment on the flood plain.

But, he alleged, Sithole and his supporters had started accusing those who supported the project of “selling out to the government”.

He said the group – armed with knobkieries, sticks, hoes, bush knives and stones, had begun launching physical attacks and that Sithole was involved in “illegal money-making activities” and was taking money for the land.

One of those who had “bought” land from Sithole was Neels Smith who had paid R4 500 for it and spent R12 600 clearing and fencing it.

He had subsequently been refunded.

Thembinkosi Simelane had paid R13 000 for his land, but when he had realised there “was a problem”, he had cancelled the transaction and got R8 000 back.

“If this situation continues it will mean the end of the project,” Brooks said.

In terms of the court order, the clearing teams may not disturb any demarcated graves.