WHEN tractors arrived unannounced and began tilling the land, the Magagula family watched in horror.
The family from Goedehoop farm, outside Badplaas in Mpumalanga, said the uninvited guest s told them they had leased the land from the local chief.
They allegedly told the family they had already paid Chief Bhekumuzi Mnisi thousands of rands.
The family obtained an interim court order to stop the chief and his people entering the farm.
Sam Magagula (35) said the land dispute began in 2009 when the chief claimed the family was trespassing on his land.
“In 2009, we were served with an eviction notice but we won the case after proving to the court that we were the rightful owners of the land.
“Five generations of the Magagula family tree were born and grew up on this farm,” said Sam, adding that 67 graves of their family members dating back to the 1900s were buried on the farm.
“After my father died in 2015, this man returned with another eviction order,” said Sam.
“We won the case for the second time. Now he is back to his old ways.
“He arrived with the tractors on 16 January.”
Land Claim’s chief director Sam Nkosi confirmed that there is a gazetted land claim on the farm.
He said Mnisi is a member of the board of trustees for the Mantjolo Community Trust, which was used as a vehicle to hold the land on behalf of the beneficiaries.
“At the time of conducting research on the farm, the land had been transferred to the trust through a land redistribution programme,” he said.
“The trust refused to give access to the claimants and the restitution office to conduct further research to ascertain the families that lost rights to the land as per the land claim.”
Nkosi said any disputes that rise after a claim is gazetted are referred to court, as the land claims commission cannot review its own decision.
Mnisi insisted that the current owner of the land is the Mantjolo Community Trust, until Land Affairs declare otherwise.
“Sam’s late father entered our land illegally which is called trespassing. We requested him to vacate the land but he failed to do so,” said Mnisi.
“We took the matter to court and he was fined R2 000 or a prison sentence.
“Having a claimed land gazett ed does not mean it is now yours, but merely says you have a case.
“The ownership of the land still lies with the state.”
Mnisi said the trust had brought a lot of development programmes.
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