Durban - A judge hearing a billion-rand South Coast land claim cracked the whip on Tuesday, banning an aggressive troublemaker - a disbarred attorney - from her courtroom.
She also ordered community representatives to publicly apologise to their lawyers for making "racial slurs" against them.
And in an attempt to finalise the matter - which involves 1 800ha of land and has been dragging on for 16 years - Land Claims Judge Shenaaz Meer ordered both sides to meet next week and "be realistic" in their negotiations.
The case has so far cost the landowners - Crooks Brothers, Finningley Estates, Finningley Investments and Pegma Twenty Seven Investments - R5 million on trial preparation.
It is also holding up government-approved housing, hospital and school developments. These involve investments of more than R50 billion and are expected to create up to 150 000 jobs.
The matter finally came to trial before Judge Meer, sitting in the Durban High Court, earlier this year.
The claimants, the Elembini Community or "Crocworld community" as it was gazetted, say they had exclusive occupation of the land (which is now made up of 30 properties, 12 of which are government-owned) before "the white people took it and planted sugar cane". They say they were dispossessed after June 1913, the cut-off date for claims.
While the community members have had access to an expert, they have refused to disclose his report or call him to testify.
The owners have their own expert who says the community lived in a separate, neighbouring area called Amahlongwa Mission.
Evidence before the court is that the original two parent properties were in private ownership from the mid-1800s and were already under cane by then.
Labour used was seasonal and linked to crop cycles and did not involve labour tenancy.
The owners have, however, made a settlement offer involving two tracts of land of 100ha each. One was accepted and the other rejected by the community, which has its eye on another 350ha tract.
This was under discussion when the trial resumed on Monday and when Robinson Manzi - a disbarred lawyer who was sentenced to 14 years in jail for the rape of a 14-year-old - announced he wanted to speak, claiming he was from "Scottburgh". Manzi was paroled after seven years and has attempted to be readmitted to the profession.
Judge Meer said his manner had been "verging on, if not contemptuous" and he had insulted one of her assessors.
Advocate Andrea Gabriel SC, who acts for the land owners, had also reported to the judge that after court adjourned Manzi threatened her. Two members of the community had to drag him away.
The judge said she had asked the police to be at court on Tuesday to ensure he did not come back and "he will not be tolerated for the rest of this trial".
Equally disturbing, she said, were reports from the community's legal team, advocate Rajesh Choudree SC and advocate Dashendra Naidoo, that they had received letters containing "racial slurs and insults".
"It is an offence to attack someone on racial grounds," she warned community members. "Your legal team has said they will not continue to represent you unless you apologise."
Community Committee chairman Clement Dube and secretary Khehla Vundla addressed the court, both apologising and claiming to "love" their lawyers.
Regarding Manzi, they said he had just "cropped up" and they too were disappointed in what he had done.
With the peace pipe smoked, the judge took advantage of the detente and suggested the parties meet again on the land early next week to try to negotiate a "realistic" settlement by mid-September.
If this fails, the trial will continue in December.
The Mercury