Daily News

Private lodge man convicted

Kwadapha residents warned

- ZIZIPHO MANDONDA and FRED KOCKOTT

AS MUZI Mthembu entered Ngwavuma Prison last night, residents of KwaDapha in the iSimangali­so World Heritage site, northern KwaZuluNat­al, argued over a magistrate’s warnings about illegal developmen­ts in the park – and Mthembu’s muti not having worked.

After convicting and sentencing Mthembu for his role in developing a private lodge in the KwaDapha area, Manguzi court magistrate, Martin Groom, turned his attention to the packed public gallery.

“People of KwaDapha, you need to understand that times are changing and your mindsets need to change too,” said Groom.

Mthembu was given a twoyear suspended jail sentence – half of which was suspended for five years – and ordered to either pay a fine of R3 000 or to serve a year’s imprisonme­nt.

Referring to the growing number of cases of unauthoris­ed developmen­ts in KwaDapha being brought before the courts, Groom said: “What the government is doing is not a bad thing. It is not trying to take away your land, but trying to preserve and protect it so future generation­s can enjoy it too.”

KwaDapha – known as Bhanga Nek by tourists – has long had a reputation as a renegade community of sorts.

The latest conflicts largely arise from KwaDapha residents entering partnershi­ps with investors in developing tourism enterprise­s near the shores of Kosi Bay’s third lake and Bhanga Nek beach.

In Mthembu’s case, a man from Secunda, Jannie Joubert, financed the developmen­t of a private lodge comprising three cottages – and a fourth unit under constructi­on.

The court heard that Mthembu and Joubert ignored warnings to stop the developmen­t, ultimately resulting in iSimangali­so obtaining a dem- olition order in the Durban High Court, and charges being brought against the men.

Joubert pleaded guilty, but Mthembu refused to admit any wrongdoing, saying he had been given permission to build by the induna, Gilbert Ngubane.

Called as a defence witness, Ngubane said he was in charge of allocating land in KwaDapha for homes and commercial reasons through the Tembe Tribal Council.

He said he had consented to the developmen­t of a homestead for the Mthembu family and had been introduced to Joubert as a man who occasional­ly stayed with Muzi.

Ngubane claimed that he had never been informed about KwaDapha being included in the iSimangali­so World Her- itage Site or that environmen­tal impact assessment­s (EIAs) needed to be done before authoritie­s could approve developmen­ts.

The court rejected this as inconceiva­ble, particular­ly given the induna’s confession under cross-examinatio­n that he had been sent to a workshop on protected areas by iSimangali­so.

Groom said it was obvious that Joubert was “the main man behind the developmen­t”.

“You were just being used as a shadow,” Groom told Mthembu. “It would be too drastic to send you straight to prison, but we will make an example of what happens when someone contravene­s the law in cases of this nature.”

While contravent­ions of the Protected Area Act provide for fines of R5 million or five years’ imprisonme­nt, Groom said the court needed to take into account Mthembu’s personal circumstan­ces.

Addressing the KwaDapha residents, Groom said people needed to learn a lesson from this case. “You should not allow people from other places or provinces, who are greedy, self- ish and rich to take over your land, such as Joubert did to Muzi,” Groom said.

Until yesterday, Mthembu had believed that muti might “win the case” for him irrespecti­ve of how strong the state’s case was. Unable to pay the fine, Mthembu spent last night in jail in Ngwavuma. – Roving Reporters

Roving Reporters’ coverage of the trial of Muzi Mthembu forms part of a case study, Bhanga Nek Developmen­ts and Demolition­s supported by the Open Society Foundation and the Taco Kuiper Trust.

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 ?? PICTURES: FRED KOCKOTT ?? LEFT: Muzi Mthembu and his sister, Ntombi, the day before the judgment. RIGHT: Swinging free on Monday, in jail last night… Mthembu was convicted of building illegally in the iSimangali­so Wetland Park.
PICTURES: FRED KOCKOTT LEFT: Muzi Mthembu and his sister, Ntombi, the day before the judgment. RIGHT: Swinging free on Monday, in jail last night… Mthembu was convicted of building illegally in the iSimangali­so Wetland Park.

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