The Land Claims Court of South Africa has ordered that a family that has had their land rights taken away under apartheid be compensated financially for portions of claimed land as the land cannot be restored.
The application was made by descendants of Mabuza Family who initiated the claim when submitting the documents to the Regional Land Claims Commissioner (RLCC) in Mpumalanga on December 31, 1998.
The claim form originally described the land as “Msilezi between White River and Sudwala Farm.” Msilezi doesn’t refer to a specific farm; instead, it refers to an area between White River and Sudwala Farm. Rooywal, on the other hand, is a surveyed farm with distinct boundaries that are different from those of Msilezi.
In their application, Mabuza family descendants applied to have their rights restored by the regional land claims court in the land. The formal title to Rooywal was granted in 1870, with subsequent ownership changes. In 1920 Portion 2 was acquired by Helena Twycross and remained in the Twycross family until 2002. In 1958, SA Forest Investments bought shares in various portions of the farm, leading to changes in land use.
When the claim was submitted, detailed boundaries and characteristics of the descriptions may have been unavailable explaining why the claimed land was initially described as Msilezi. However, upon examination by the RLCC, it was officially designated and gazetted as Rooywal.
In this matter, the descendants believed that they were dispossessed of their land rights during the apartheid regime and approached the land claims court to have a court order for the restoration of their land rights directed from respondents the Minister of Agriculture, Land Reform and Rural Development as well as three other respondents who have took ownership of the Rooywal over the years.
Following an investigation by the RLCC, the claimed land, specifically the Remaining Extent and Portions 1, 2, 3, and 4 of the Rooywal farm, was officially designated through gazetting.
In their application to the court, the Mabuza family stated that not only were their rights taken away but they have now became labour tenants in an alleged loss of land rights as well as grazing rights. In the claimed land and wanted their rights back for the land which was extended to other portions 3,974.1112 ha in total, situated in Barbeton and Sabie in Mpumalanga.
Those that were involved were the Pharis Tailors John Mabuza on behalf of the seven members of Mabuza family descendants the minister of Agriculture, Land reform and rural development, and the regional land claims commissioner of Mpumalanga.
The court heard testimonials from members of the Mabuza family, respondents, and experts, and evidence before the court, it ruled that the extent of the compensation that shall be payable to current claimants.
In this decision, the court advised that several factors are considered in the restoration of land rights as the claimants were dispossessed due to past racially discriminatory laws or practices. Some of the factors were the value of money over time acknowledging the changes in value, the history of land acquisition and use, feasibility of restoration, human rights violation, and other factors deemed relevant and consistent with Section 9 of the constitution which deals with equality.
The trial took place between October 3 and 12 2023 at the Mbombela High Court, Mpumalanga, during which an inspection in loco was conducted, and at the Land Claims Court in Randburg.
According to section 2(1)(c) of the Restitution of Land Rights Act No 22 of 1994, Alpheus Mabuza, a descendant of the Mabuza family, is entitled to equitable redress in the form of compensation from the Minister of Land Reform for the restitution of rights in land on portion 3 of the Farm Rooywal 239JT, which his father Samuel Mabuza was dispossessed of.
As per section 2(1)(c) of the Restitution of Land Rights Act No. 22 of 1994, Simon Nutsi Sycho Mabuza is entitled to equitable redress in the form of compensation for the restitution of the rights in land on Portion 3 of the Farm Rooywal 239JT that his father Masotsha Mabuza was dispossessed of.
The Minister of Agriculture, Land Reform and Rural Development is directed to pay the compensation stipulated to descendants within six months of the date of this order. – news@mukurukuru.co.za
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