The Star Late Edition

State ordered to return land to rural community

- BONGANI NKOSI bongani.nkosi@inl.co.za

THE STATE has been forced by a court to implement a decision it took 14 years ago to return land to an Mpumalanga community.

In her ruling at the Land Claims Court, Acting Judge Heidi Barnes also dismissed the State’s opposition to the applicatio­n by Kromkrans community as lacking legal foundation.

Kromkrans is part of the farming district of Carolina, east Mpumalanga.

The successful­ly reclaimed 2 147 hectares of land were expropriat­ed without compensati­on from black inhabitant­s in 1978 under the 1913 Natives Land Act.

In 2003, the Department of Rural Developmen­t and Land Reform resolved to transfer the land back to the community. The department went as far as buying portions of land from white owners for millions of rand.

“Despite the fact that the department purchased land, in 2003 and 2005, purportedl­y in settlement of the claims, no land has been restored to the Kromkrans claimants to date,” Barnes wrote in her judgment.

She referred to the department’s 2003 annual report, which stated the Kromkrans settlement as achievemen­t for the previous year.

Said the report: “Some 400 households who were affected by the dispossess­ion have received 2 147ha of land. The restored land will be used for agricultur­al purposes such as grazing, livestock farming and crop production.

“A housing project will also be establishe­d. The settlement celebratio­n was held in August 2002.”

In addition to transferri­ng the property to the community, the department had also agreed to register the Kromkrans Community Property Associatio­n. This would serve as a business vehicle for farming projects on the land.

After years of failure to implement, the department argued before Barnes it wanted to review and set aside its own decision.

The department’s counsel told court the minister at the time took the decision by mistake.

But Barnes found this reasoning flawed, saying the review could have been done years before the Kromkrans community resorted to court.

“… There is no real explanatio­n for the respondent­s’ delay in seeking to review the minister’s decisions, let alone a satisfacto­ry one,” said Barnes.

“In these circumstan­ces the unreasonab­le delay cannot be condoned and the review applicatio­n falls to be dismissed for this reason.”

The department’s dithering has robbed the community an opportunit­y to benefit from their land, said Barnes.

“In this case, the state through its failure to comply with the agreement which it concluded with the applicants, failed to give effect to the constituti­onal obligation­s which it owes the applicants,” she said.

“This has been severely prejudicia­l to the applicants who have been unable to obtain the benefit of their constituti­onal rights to restitutio­n for 14 years.

“The state’s failure in this regard remains unexplaine­d and its opposition to the applicants’ applicatio­n for specific performanc­e proved to be without factual or legal foundation.”

Barnes also slapped the State with legal costs, pointing out this was uncommon in the court, which generally handled social litigation.

“However, the considerat­ions in this case are different,” she wrote, and made reference to a Constituti­onal Court ruling that said the State always ought to respect the rule of law.

@BonganiNko­si87

 ?? PICTURE: COURTNEY AFRICA ?? VICTORY: The Kromkrans community in Mpumalanga will get the land the State promised 14 years ago.
PICTURE: COURTNEY AFRICA VICTORY: The Kromkrans community in Mpumalanga will get the land the State promised 14 years ago.

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