Timing questionable

Arecent DD article, February 28, “Judge defers on land invasion issue” reported that the department of rural development and land reform wants a high court interdict to prevent a group “erecting structures”, thus occupying communal land in Sibangweni village, Libode.

The group is obviously badly advised in the defences raised:

● That the department has no locus standi – Sibangweni is state land, so the court has already dealt with that argument;

● That the respondents “own” the land in terms of Proclamation 26 of 1936 – the proclamation provides “Permission to Occupy” certificates on communal / state land, showing clearly it cannot be owned by individuals; and

● The Communal Land Rights Act of 2004 does not exist, as it was declared invalid by the Constitutional Court in 2010, and the department did nothing to amend or replace it.

Nevertheless, what is really disturbing is why the government is bringing this particular case at all when there are tens of thousands of such cases all over the former Transkei caused and ignored by government. Why now? And what is Nkosi Mncedisi Ndamase’s role?

The ministers have refused to administer these laws since 1994, have also refused to repeal or replace them, and have failed to reform communal land tenure as obligated to do under the constitution. Thus leaving no legal route for people to acquire sites except by technically “illegal” means or by customary law allocation.

So now after 25 years of a government-created land administration vacuum, suddenly rural land right holders are taken, not to the Libode magistrate’s court as the proclamation provides, but to the high court. Because they are less able to afford it? Because there is an election coming with land an issue?

– Mike Coleman, Nahoon, via email