‘Court has no ju­ris­dic­tion to en­ter­tain Redep­tion Min­istries land bat­tle’

Observer on Saturday - - News - By Sandile Nkam­bule

High Court Judge John Ma­gag­ula yes­ter­day or­dered that the court had no ju­ris­dic­tion to hear the civil mat­ter that was brought un­der a cer­tifi­cate of ur­gency.

Fakudze had sought an or­der in­ter­dict­ing and re­strain­ing Kuh­lase who had been cited as the first re­spon­dent from erect­ing any struc­ture at apiece­oflan­datKa-Dedaareaun­derVelez­izweni Um­phakatsi.

The was also seek­ing an or­der of court in­ter­dict­ing and re­strain­ing Sfondi Mav­im­bela and the Velez­izweni Um­phakatsi from holding meet­ings and al­lo­cat­ing land to any­one un­der Ka-Deda Um­phakatsi.

Ac­cord­ing to Fakudze in his pa­pers filed be­fore court, this was an ap­pli­ca­tion in which he sought to vin­di­cate his right and author­ity as the chief of Ka-Deda area which is con­stantly un­der­mined by Sfondi Mav­im­bela.

Hav­ing in­structed lawyer Si­fiso Nh­la­batsi from TR Maseko At­tor­neys, Fakudze sub­mit­ted that un­der nor­mal cir­cum­stances he would have in­structed the at­tor­ney gen­eral but due to the fact that the of­fice of the At­tor­ney Gen­eral is some­times con­flicted, he had to go for Nh­la­batsi.

He had sub­mit­ted that the ar­eas of Ka-Deda and Velez­izweni are ad­ja­cent but un­der dif­fer­ent tra­di­tional author­i­ties and as stated, he is the in­cum­bent chief of Ka-Deda ar­gu­ing that de­spite that he is the law­ful author­ity of the area, the sec­ond re­spon­dent (Mav­im­bela) con­stantly un­der­mined his author­ity by al­lo­cat­ing land at Ka-Deda yet had no author­ity to do so as his area of ju­ris­dic­tion is Velez­izweni.

“To this end the sec­ond re­spod­nent has al­lo­cated land to the first re­spod­nent (Kuh­lase) with­out my knowl­edge and con­sent, this ac­tion is un­law­ful and if it con­tin­ues un­abated it will lead to an­ar­chy,” Fakudze sub­mit­ted.

Fakudze stated that the mat­ter was re­ported to the Ludzidzini Coun­cil which made a rul­ing in 2015 but de­spite that rul­ing the sec­ond re­spon­dent con­tin­ued to un­der­mine his author­ity, he then ap­proached the fifth re­spon­dent (the AG) for le­gal coun­sel since the mat­ter had been dealt with by tra­di­tional struc­tures.

The AG fur­ther wrote a let­ter to the Royal Eswa­tini Po­lice Ser­vice (REPS) re­quest­ing that they as­sist in ef­fect­ing the or­der is­sued by the Ludzidzini Coun­cil but de­spite all th­ese at­tempts the sec­ond re­spod­nent (Mav­im­bela) con­tin­ued to un­der­mine his (Fakudze) author­ity as he re­cently al­lo­cated land un­der Ka-Deda for a gro­cery shop.

The High Court yes­ter­day dis­tanced it­self from hear­ing an ur­gent ap­pli­ca­tion filed by the Redep­tion Min­istries Church where it is chal­leng­ing the Nduma Royal Kraal in a land dis­pute.

High Court Judge John Ma­gag­ula yes­ter­day threw out the ap­pli­ca­tion that had been filed by the church stat­ing the court had no ju­ris­dic­tion to en­ter­tain the mat­ter.

“Hav­ing read both pa­pers and heard both coun­sel, the court is­sues an or­der in terms of the fol­low­ing, the ap­pli­ca­tion is dis­missed as the court has no ju­ris­dic­tion to hear the mat­ter,” Judge Ma­gag­ula or­dered.

The church sit­u­ated at Mot­shane had taken Nakani Mkhonta and the Nduma Royal Kraal (um­phakatsi) to­courtwhere­it­wasseek­ing amongst oth­ers an or­der in­ter­dict­ing and re­strain­ing any­one act­ing un­der the au­thor­i­ty­ofMkhon­taan­dumphakatsi from dis­man­tling and de­stroy­ing the churches struc­ture.

They were also seek­ing an or­der in­ter­dict­ing and re­strain­ing any­one un­der­theau­thor­i­ty­ofthe­firstre­spod­nent (Mkhonta) and the sec­ond re­spod­nent (um­phakatsi) from in­te­fer­ing with or dis­rupt­ing the church ser­vices.

The church was also seek­ing an or­der in­ter­dict­ing and re­strain­ing any­one act­ing un­der the author­ity of the re­spon­dents from re­mov­ing the church fence or any other as­sets be­long­ing to the church and that the mem­bers of the Royal Eswa­tini Po­lice Ser­vice (REPS) must en­force and en­sure that the or­der is com­plied with.

Ac­cord­ing to an af­fi­davit filed by one of the church el­ders Sibu­siso Nd­wandwe,some­timearoundMarch 2018 mem­bers of the church in­clud­ing him­self at Mot­jane un­der the Nduma Royal Kraal, khon­taed and duly paid the cus­tom­ary dues in ac­cor­dance with the Siswati Law and Cus­tom. He sub­mit­ted that the khonta process was done by mem­bers of the church to so­licit the land for and on be­half of the ap­pli­cant (church). Nd­wandwe sub­mit­ted that dur­ing the process of khonta they were wel­comed by Princess Salaphi Shongwe along with the libandla of the area who ad­vised that the land al­lo­cated to the church was des­ig­nated for churches, adding that the areawasac­cord­ing­ly­marked through the cus­tom­ary kupopha lifindvo. How­ever whilst they were clear­ing the land al­legedly al­lo­cated to them, Nd­wandwe sub­mit­ted that a group of men ap­proached them claim­ing to be from ind­lunkhulu (royal kraal) and de­manded to know as to who had given the church the land in ques­tion. “The group of men fur­ther ad­vised and in­vited us to go to the Nduma Royal kraal so that the is­sue could be de­lib­er­ated. Upon ar­rivalattheumphakat­si­ween­quired from the princess if she was aware of the in­vite and she in­formed us to pro­ceed with the land clear­ing as she had al­lo­cated the land to us and any­onewith­aprob­lemshoul­dad­dress it to her,” Nd­wandwe sub­mit­ted.

He sub­mit­ted in his pa­pers that they then pro­ceeded with the con­struc­tion of the church un­til it was com­pleted.

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