Right royal battle looms on Bafokeng mines move
WHAT began as a simple attempt in 2008 by the Royal Bafokeng Nation (RBN) King Leruo Molotlegi to get 61 platinum-rich farms registered under its name has led not only to complicated litigation in the North West High Court in Mafikeng, but also fuelled resentment in the community.
In 2008, RBN applied to that court to obtain ownership and registered title of the 61 properties. RBN cited the minister of land affairs and rural development and the registrar of deeds.
The department suggested that before the order was granted, there should be publication of the details of the application to the community as there might be individuals who had an interest in the application.
The communities picked this up, and now there are 16 registered respondents to the RBN application.
The communities and the Royal Bafokeng Land Buyers Association argue in court papers that the history of the land purchases is complex, and the dispute requires further research and consultation with the communities.
The communities, represented by the Legal Resources Centre (LRC), further question the jurisdiction of the North West High Court to adjudicate this application by the RBN as there is a law — the Restitution of Land Rights Act — that makes provision for the establishment of the Land Claims Court. The Land Claims Court is the proper forum for settling land disputes, the communities argue.
RBN has not replied, but instead resorted to an interlocutory-rule application seeking the matter be turned into a trial with crossexamination. The LRC opposed the application. “One of the grounds of opposition to this application is that if this is going to be a trial, trials are known to be longer procedures than applications and therefore very costly,” says Sayi Nindi of the constitutional litigation unit of the LRC.
“Further, RBN is currently the recognised traditional leadership in the area, which gives it access to benefits of the mineral-rich land and thus giving it a financial advantage over our clients.”
Nindi says their argument is that the proceedings were, in the first place, instituted by RBN with the full knowledge that there would be a dispute on facts between the communities and themselves.
“Why do they want to convert proceedings to trial now while they were aware of the opposition from the people living in the Bafokeng area from the onset?
“The fact that we have answered to their papers gives them a substantial unfair strategic litigation advantage converting these proceedings to a trial,” she says.
“We are not saying land has to be given to any particular group. But we are questioning the jurisdiction of adjudication. The proper forum to hear this case is the Land Claims Court,” Nindi says.