MBOMBELA – On July 3, one of the landowners, Carel Myburgh of Portion 43 of the Cromdale farm, approached the court as a matter of urgency when people invaded his property and started erecting a shack.
Despite negotiations between Myburgh and the landgrabbers to convince them that he was the legal owner, these talks were to no avail due to them insisting that the property actually belonged to them,
According to Vernus Kruger of Kruger and Partners Inc, Myburgh’s legal advisor, his client also instructed the illegal occupants to remove the structure.
They, however, refused to do so. Myburgh, on numerous occasions, told them to bring documentary proof that they were the legal owners, but this was never done.
The group, under the leadership of Essau Nkosi, claimed that they had earlier lodged a restitution claim with the commissioners of land affairs and that they are thus the legal owners.
During enquiries at the land claims commissioner’s office, it was established that the claimants did not submit a formal claim before the relodgement period that ended in 1998.
It was, however, found that they did do so during the period of July 2014 and July 2016. According to the Commission on Restitution of Land Rights, the Constitutional Court interdicted it to investigate any more land claims unless it processed all outstanding ones instituted before the 1998 deadline.
The temporary interdict, which was granted to Myburgh in July, was handed over to the shack builders, informing them that they must stop the illegal invasion.
By Wednesday, when the case was in court for a decision to make the temporary interdict a final order, none of the seven respondents reacted by submitting opposing documentation to defend the matter.
Only five of the seven attended court. After a brief discussion with their lawyer, they indicated that they no longer wished to oppose the interdict.
They did, however, tell the court they would be opposing another interdict which was also on the court roll on the same day.
According to Llewellyn Lloyd of WdT Inc Attorneys, this case was postponed for judgement to September 23.
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