Farmer kicked off land set aside for development
Vhembe farmer, Thifhelimbilu Lucas Mamila was ordered by his area chief to pack up his belongings, and leave behind a 15-hectare piece of land he has developed over the past 36 years.
LIMPOPO – “Stop farming and vacate the land!”
These words haunt Thifhelimbilu Lucas Mamila of Tshiulongoma village since the day he was ordered by his area chief to pack up his belongings, and leave behind all the hard work and dedication he invested in becoming a successful farmer over the past 36 years. Farming is his only source of income to support himself and his family.Mamila, who has been farming on a 15-hectare piece of land in Ha-Mphego village, was ordered by the local chief to vacate the farm on 30 April.
According to Mamila, he bought the piece of land from the Mphaphuli Royal Council in 1985 for R120, and annually paid an agreed amount to the council as tax. He had to stop planting, as he was told to remove the water drip and not plant any seasonal crops for the chief’s plans to be implemented.
Mamila was eventually summonsed to report to the chief, and it was at this meeting that he was given a date to vacate the land.
“This is not right. I have been here for 36 years and now people want to come and take it away from me. How is this possible? I have asked, if I will be compensated, but no one can give me a straight answer. I was just told that someone will come and address the issues, but no one has to date come and talked to me about my loss,” said Mamila.
According to him, he wrote a letter to the traditional council.
“I wrote a letter to the Mphaphuli Traditional Council to help me. The prince once came to my farm and told me that I must stop working on the farm or he will send people to come and destroy everything on the farm. I am waiting for the council to resolve this matter,” he said.
Contacted for comment, Ha-Mphego local chief, Mulatedzi Samson Mphego responded that they are not taking Mamila’s farm, but plans are afoot for development in the area.
“We want to develop the land and build an estate next to the dam. Thifhelimbilu Mamila was not supposed to report this matter to the Mphaphuli Royal Council, he was supposed to come to the royal house and enquire about the development,” said Mphego.
Human rights activist and senior project officer at Nkunzi Development Association Land Rights Organisation in Limpopo, Humbulani Nedzhelele, is aware of Mamila’s issues and agreed to help him fight for his rights.
“We are concerned about farm evictions in Limpopo, particularly around Nandoni Dam in the Vhembe district, where traditional leadership and headman are evicting people who are farming next to the dam. We are not going to tolerate such victimisation of farmers,” said Nenzhelele.
Attorney, Maano Sigwavhulimu of Sigwavhulimu Attorneys said Mamila has the rights to occupy the land.
“No person may be evicted arbitrarily without a court order whether it is a commercial eviction or a residential eviction. This is regulated by the Prevention of Illegal Eviction (PIE) from an unlawful occupation of land or the Extension of Security of Tenure Act (ESTA). Many evictions are done as a result of proposed property development and urban expansion. Permission to Occupy (PTO) certificates remain still valid and have legal status.”
Sigwavhulimu added, the chief cannot evict a PTO holder arbitrarily, as the PIE act gives substantive and procedural requirements in such cases.
“Only a sheriff can effect eviction, and with a court order,” said Sigwavhulimu.
