POLOKWANE – Six land claimants from the Morena Seaka View Home Owners’ Association were remanded in custody by the Polokwane Magistrate’s Court on Wednesday after a property developer earlier accused them of illegally selling land at the farm Kalkfontein LS Section 41 near Dalmada.
The police arrested the six, a woman and five men, on Tuesday, 4 August. This is the latest development in the court battles between Blue Dot Properties and the land claimants of section 41, a land claim which has not been resolved after more than 20 years, and which is yet to be finalised by the Land Claims Court.
The Morena Seaka View Home Owners’ Association claim to the land comprise the people from the Mojapelo clan and that their ancestors have been buried on the land. They also claim to be in possession of a court interdict which still stand, that there may not be any development of the land.
Tussle for land turns into tug-of-war
The land was sold twice, and both buyers wanted to develop the land to form a legacy project called Ramahlodi Park.
The stand-off between the current owner of the land and the claimants, who have built houses on the land, despite a High Court and Constitutional Court ruling that it was unlawful, has led to many charges and counter charges laid with the police, and both the owner as well as the claimants have turned to the High Court again this year following unrest in the area.
The Mojapelo clan claims: “We have been actively farming and lived there since 1998, and as per deeds of the Maboi6 Community Trust the land belongs to us.”They claim that there has been foul play and that money exchanged hands, as land claimed may not be developed or sold, and they demanded an independent investigation into the land claim.
A representative of the Mojapelos said they took possession of the land because of attempts by the EFF to take the land. Houses were built but an existing High Court Order, obtained on 15 July 2015, declared the occupation as unlawful, and their eviction and the demolition of their structures were ordered, confirmed by a Constitutional Court order, which ruled the occupation unlawful in 2017.
“The Mojapelos took the land to protect it against EFF invasion, who was distributing land at the time. Government did not finalise the outstanding land claims and Mamahule started taking land belonging to the Mojapelos,” a representative said.
Despite the court rulings settlement on the land continued.
In 2018 Blue Dot, who bought the land in 2011, approached the Mojapelos regarding development of portion 41. The Mojapelos claimed they wanted a 51% stake in the development, as the land belongs to them, but this was refused by Blue Dot. The current owner of Blue Dot replaced the security company, and people who have paid the Morena Seaka Home Owners’ Association for ‘permission to occupy the land’ and to have their refuse removed, were refused entry to their homes on portion 41.
The Home Owners’ Association maintains that they have never sold any land or plots, but only the right to occupy. “The Mojapelos are not foolish to sell land not in their possession,” their representative said.
They claimed to have been harassed by the security guards of Blue Dot and their belongings stolen and demolished.
Blue Dot has earlier this year lodged a court application pending before the High Court in Polokwane.
Their attorney, Floyd Legodi said: “The offending group launched the same, on an urgent basis against Blue Dot, on 22 May 2020, on the ill-fated basis that Blue Dot unlawfully deprived them of possession of the farm: this when they are in contravention of the existing High Court Order in terms of which the occupiers were to vacate the site, failing which their eviction and the demolition of their structures were authorized.”
The Morena Seaka Home Owners’ Association last week lodged an application for an interdict against Blue Dot, but the court did not deem it urgent.
The Department of Rural Development, as recently as last year April put it on record that the so-called Mamahule village and the selling of pieces of land as stands is fraudulent and illegal.
Police Commissioner, Lt Genl Nneke Ledwaba said the recent arrests are likely to quell unrest in the area.
“This area and the adjacent places east of Polokwane are known for violent activities where people open charges and counter-charges, fighting over land. These arrests will therefore send a clear message to everyone that the police will not hesitate to enforce the law,” concluded General Ledwaba.
The case against the accused has been postponed to 12 August, when it is expected they will apply for bail.
