Payments not made due to ‘outstanding documents’
KANYAMAZANE - A 79-year-old pensioner, George Mathonsi, was shocked to learn from Lowvelder that his name does not appear on the list of beneficiaries to be paid by the Old Mbombela land claims.
Mathonsi is one of hundreds of people who are still waiting for their claims to be settled. “In one of the meetings we had at the land claims offices, I was told I had been verified and could get my settlements at any time. "They even asked me to choose if I wanted the money to be paid directly to me, or to be deposited into the beneficiaries trust account of the claimants' attorneys, Kruger and Partners Inc,” he said.
The offices of the Regional Land Claims Commissioner are allegedly well aware that Kruger and Partners Inc are the attorneys for 597 claimants. The Regional Land Claims commissioner informed the law firm in writing that it verified 285 claimants.
It is on record that the office of the National Land Claims Commissioner stated that the the claims must be paid into the trust account of the attorneys of the claimants.
The publication also learned that the amounts claimed by the attorneys on behalf of the claimants is far bigger than what is offered by the Regional Land Claims Commissioner.
Mathosi said, "I chose the trust account and nothing was ever deposited there. Another list came and I was told I am one of the paid beneficiaries, yet I never received a cent,” he said.
The spokesperson for the Mpumalanga Regional Land Claims (RLC), Zithini Nkosi, requested Mathonsi's identity number to verify his complaint. In a media response, Nkosi said Mathonsi did not appear on their records.
"The payment list is very accurate, any person/beneficiary paid appears on the list with all banking details. The details are also confirmed by the bank,” she said.
Last week the claimants' chairperson,
Bernard Mashego, said they had still not been paid and no payments had been made to the claimants' attorneys' trust account, as per written instructions. Nkosi responded by stating that claims were paid directly to claimants. The office pays claimants directly unless there are other agreements in place,” she said.
Responding to her assertions, the claimants' lawyers said, “We find the comments of Nkosi extremely strange as they are well aware that as per correspondence, the proceeds must be paid into the trust account of the claimants' attorneys after negotiations of a possible settlement”.
Nkosi said the Commission of Restitution of Land Rights had paid claimants of the Mbombela community from 2010 to date.
"All the beneficiaries who qualify are urged to come to the office of the Land Claims Commission to receive financial compensation,” she said. Nkosi added that there were 1 370 verified beneficiaries from the Old Mbombela land claims.
“Approximately 410 beneficiaries have been paid so far. The delay in processing the outstanding payments, estimated at 680, is as a result of outstanding documents such as affidavits, death certificates and family trees which prove that the claimants had indeed lost land rights. “The window period to submit supporting documents has been open for the past three years,” she said.
The claimants’ legal representative, Johann du Preez of Kruger and Partners Inc, said, “We are of the view that the RLC was duly informed that we are acting on behalf of the 597 claimants, of which 285 were verified by the RLC.”
He revealed that the department allegedly appointed an agent to negotiate settlements with their clients, which they refused.
Du Preez indicated that he had recently approached the Land Claims Court on this matter. “We cannot divulge more information due to the fact that the matter is sub-judice,” he concluded.