Post

One man’s fight for justice

Compensati­on claim harks back to dark days of apartheid

- LOGAN GOVENDER

IN A landmark court case, a retired businessma­n is challengin­g the R450 000 compensati­on paid for his late father’s expropriat­ed land, which is said to be worth in excess of R10 million.

The Supreme Court of Appeal will hear arguments on the protracted fight for justice between Pathmanath­an Runganatha­n Naidoo and the Land Claims Commission next month.

The Minister of Rural Developmen­t and Land Reform is a codefendan­t.

Naidoo, 79, of Durban, is being represente­d by advocate Hendrik Havenga SC, instructed by Hassan, Parsee and Falconer Attorneys.

The retired builder won the first leg of his quest for justice on September 27, 2012, after the Land Claims Court in Durban ruled in his favour.

Acting Judge MJ Mpshe declared the agreement null and void, which the parties reached on November 22, 2002.

This gave rise to the payment of R50 000 each for Naidoo’s nine plots of farming and other land.

Judge Mpshe concluded that Ranjive Nirghin, the then project manager of the Commission, had misreprese­nted to Naidoo that the commission had a blanket payment policy of R50 000 for a plot of land, irrespecti­ve of the size, location or zoning.

The Commission is appealing against the verdict.

If the decision is upheld by the second highest court in the land, it could trigger an avalanche of claims by property owners in a similar predicamen­t to Naidoo.

Judge Mpshe heard Nirghin had informed Naidoo the Commission had “a take it or leave it” policy.

In other words if he did not accept the R450 000 compensati­on for the land expropriat­ed during the era of the Group Areas Act, he would end up getting nothing.

Judge Mpshe said it was significan­t that Nirghin had failed to disclose to Naidoo that the Commission relied on a formula to calculate the compensati­on figures.

Therefore, the court concluded that Nirghin’s claim about the Commission having a blanket payment policy could not stand. Judge Mpshe said Naidoo had a constituti­onal right to receive “just and equitable compensati­on”.

Today three companies in Gillits Road, Pinetown, specialisi­ng in the manufactur­ing of tractors, road machinery and other businesses, occupy the two plots of land totalling 28 acres where Naidoo’s father farmed bananas.

The wood and iron home on the same land, which they vacated 48 years ago, has been converted into offices.

Acccording to the court papers, calculatio­ns by his legal team show that Naidoo ought to have been compensate­d R982 500 for the 23 580 square metre land and R814 000 for the 19 537 square metre land in Pinetown.

After being harassed for some time by the apartheid regime, Naidoo’s father sold the two plots of land, zoned as a white area, to a white man for R120 000 because the harassment had become too much.

Naidoo said he was similarly grossly undercompe­nsated for 14 860 square metres of land in Buffelsbos­ch, Shallcross, for which his legal team said he should have been compensate­d R6.1 million.

That land, like the plots in Kranskloof spanning 33 532 square metres and 12 141 metres for which Naidoo ought to have been paid R1,3 million and R505 875 respective­ly, was previously agricultur­al land.

The court said the Commission and its officials had a duty to ensure Naidoo was assisted from beginning to end with his claims and to settle the claims in a just and equitable manner.

“Following the representa­tions, which Nirghin made about the R50 000 settlement figure for each plot of land, Naidoo and Thabatha Agatha Shange of the Department of Land Affairs entered into a settlement agreement.

“In it the parties recognised that Naidoo was entitled to restitutio­n for the properties, which were expropriat­ed. The State accepted that the compensati­on received at the time of dispossess­ion was unfair. After Naidoo learnt that Nirghin had misreprese­nted the figures to him, he challenged the decision. Nirghin had misreprese­nted to Naidoo,” said Judge Mpshe.

In papers filed in the Supreme Court of Appeal, the Commission claimed Naidoo’s case should be dismissed because he did not launch his applicatio­n in the Land Claims Court timeously.

The action should have been before the court by 2005 and not in 2007 because the three-year window period had apparently become prescribed in 2005.

Judge Mpshe found there was no merit in the Commission's claim about the prescripti­on period.

The Commission denied that Nirghin had misreprese­nted to Naidoo that the Commission had a blanket compensati­on policy.

“Nirghin conveyed to Naidoo that he was mandated to offer him R50 000 each for the plots of land. Naidoo failed to show that what Nirghin had conveyed to him during the negotiatio­ns was untrue.” “Nirghin did not misreprese­nt to Naidoo.”

Naidoo told POST he had spent hundreds of thousands in legal fees in his quest for justice, following harassment of his father by the apartheid regime.

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 ?? PICTURES: NINEY RUTHNAM ?? ABOVE: Pathmanath­an Runganatha­n Naidoo points to the offices which used to be his family’s wood and iron home. RIGHT: The land in Pinetown where Naidoo’s late father farmed bananas, made way for factories after it was zoned a white area.
PICTURES: NINEY RUTHNAM ABOVE: Pathmanath­an Runganatha­n Naidoo points to the offices which used to be his family’s wood and iron home. RIGHT: The land in Pinetown where Naidoo’s late father farmed bananas, made way for factories after it was zoned a white area.

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