Multi-million rand development frozen by land reform blunder
Prudhoe community still waiting for final transfer of 25 properties
The development and improvement of a beautiful farm bordering the Mpekweni River has been stalled for 16 years with the department of land reform accused of dragging its feet in concluding a land claim that has been a government embarrassment since 1998.
Philip Price and his business partners’ land, Maitland Farm, has been the subject of a land claim since 1998, but he was only notified of this in 2011 after he had set in motion — and received across-the-board approvals for — a multi-millionrand plan to develop part of the land into a stunning eco-estate with 47 exclusive luxury homes on it.
Price along with his partners bought the land in 1997 precisely with a view to both farming and developing it. It’s a potential tourism mecca bordered by white sandy beaches, the beautiful Mpekweni River and home to remarkable indigenous flora and fauna.
The farmhouse nestles between one of the biggest freshwater dams in the region on one side and the meandering Mpekweni River on the other.
When they initially kicked off the approvals process in 2006 — with the blessing of local communities — he received confirmation from all the appropriate government entities that there was no land claim against it.
This likely happened because the land claims commission had already committed its first major blunder. It somehow “lost” the Prudhoe community’s land claim submitted in 1998 which included both the Fish River Resort, Maitland Farm and about 20 other parcels of land. The knock-on effect was disastrous and the Land Claims Court — unaware of the Prudhoe community’s claim — in 2010 awarded the Fish River resort and other land to the AmaZizi community.
The Prudhoe community, with the help of the Legal Resources Centre, succeeded in having the judgment set aside and the process had to start anew — this time including the Prudhoe’s claim to the land and abundant proof that they were brutally removed from the land by the then Ciskei government in the 1980s.
In 2011, Price was notified that all of his land was part of a land claim. In terms of the law, once a claim is lodged, the landowner cannot sell, donate, develop, lease or exchange the land. It remains in limbo. The advanced plans for developing and improving the land were effectively frozen.
It took until 2018 for the Land Claims Court to
award the land, including Fish River resort and Price’s land, to the Prudhoe community.
Price accepts the judgment and that the land should belong to the Prudhoe people, but says both his family and the community had been strung along in an unforgivable fashion. The land’s enormous potential stands unrealised.
Price said a state valuator had valued his land in 2018 at the same time as assessing the Fish River resort land. He believes the valuations are with the state valuer general but he had heard nothing more from the state since.
Ironically, the farm originally belonged to Sir Peregrine Maitland who served as Britain’s governor to the Cape Colony in the 1840s. Price says Maitland had taken land from indigenous people and was on the “wrong side of history”.
History remembers one for what one does. I want to do what is right by the community
“I don’t want to be caught on the wrong side of history. History remembers one for what one does. I want to do what is right by the community. It is time for this to be settled and for the community to get their land back.”
The community, which has a good relationship with Price, shares his frustration. It took four years for the government to transfer the Fish River resort land into the name of the Prudhoe community trust despite the fact that the government had bought that land in 2018.
According to community leader Gladman Tom, the government already owns most of the other land which the land claims court says should be transferred to the Prudhoe people.
“We have investors lined up — but we keep
having to turn them away.” To date only the Fish River resort has been transferred into the name of the community trust.
The community’s lawyer, LRC director Cameron McConnachie, said there had been no progress on the transfer of the remaining 25 properties from the state to the community.
We are aware that surveying needs to take place on some of the state owned land but that has not happened. The community is frustrated with the delays
“We are aware that surveying needs to take place on some of the state owned land but that has not happened. The community is frustrated with the delays and we urge the government to fast track the process.”
In the meantime no one benefits from the pristine and prime land along the sunshine coast and all involved are simply stuck in limbo
“We had grand plans, with community support, that could have benefitted so many by now,” says Price despondently.
“So now we just do what we’ve done for years. We wait.”
Questions were emailed and texted to departmental spokesman Reggie Ngcobo on Wednesday morning.
Although Ngcobo had not responded at the time of writing, Tom informed the Dispatch that government land surveyors had arrived at neighbouring Tharfield on Friday morning, to begin surveying remaining farms.
It was not clear how long this process would take.