Cape Town - The sale of prime land near Stellenbosch, allegedly sold by someone who was drunk, is the centre of a housing dispute between a prominent wine farm and an informal settlement.
Residents of the Kreefgat informal settlement in Jamestown, near Stellenbosch, are uncertain of their future after a legal battle with Blaauwklippen Wine Estate over a tract of land they allege was bought under questionable circumstances.
However, the wine farm has hit back, saying the transaction was fair.
In an interview with Weekend Argus, Blaauwklippen MD Rolf Zeitvogel said Blaauwklippen bought the land from the Van Huffel family in Jamestown in 2003. He dismissed claims the transaction was conducted with a member of the family who was intoxicated.
“As far as I am aware, the transaction was above board. The family made us an offer and we accepted,” he said. He could not say how much the company paid for the land.
This was disputed by Elizabeth van Huffel, the family matriarch, who said she learnt only recently the land had been sold. She said her son, Marchellino de Costa, sold the Kreefgat land which is a part of portion 71 of Farm 510, including their own residential land, leaving the family owning just the area where their house stands.
The property was sold to the wine farm and it now owns the land occupied by Kreefgat residents.
The battle dates back a few years, but has intensified since December, when Blaauwklippen approached the courts for an eviction order and for an order compelling the Stellenbosch Municipality to provide emergency housing for the informal settlement dwellers.
The court application was brought by Blaauwklippen as the first applicant, with Edwin and Wesley February, who own a piece of land between La Clemence and Kreefgat, as the second and third respondents respectively, against the municipality, the informal settlement dwellers and the Department of Rural Development and Land Reform.
Court papers say Blaauwklippen charged it was being deprived of the right to use its land as it wished. The company said the residents had no right to occupy the land and it was not the winemaker’s responsibility to provide accommodation for the residents.
The Deeds Office showed the property was owned by Van Huffel’s son until he sold it to Cape Dutch Estates, the holding company of Blaauwklippen Agricultural Estates, for R841 000. He inherited it from his grandparents, Cecilia and Gerasmus Prokopes.The land was transferred from Cape Dutch Estates to Blaauwklippen last year.
The attorney representing the residents, Piet September, said the parties were deciding on a date for mediation.
Resident Manie Hendricks said he and other residents were willing to move to houses, but not to another temporary settlement.
About half the settlement’s households were moved to Wendy houses in a temporary settlement near the Jamestown Cemetery after a fire in January last year. These families, those remaining in Kreefgat and residents of another informal settlement near the cemetery, said they hoped to move into Jamestown houses, which are being built, but they had not been given assurance.
Court papers say the municipality could not provide housing for the Kreefgat residents because it needed an eviction order to provide emergency accommodation as per its policies.
Spokesman Vernon Bowers said: “If the court order is granted, the municipality will act in accordance with the approved emergency housing policy, which could include, as an interim measure, identifying suitable land where temporary accommodation can be provided.”
He said there were 44 structures in Kreefgat, home to about 150 people.
“The municipality acts in accordance with the emergency housing policy, which dictates that an eviction must be granted by a competent court prior to effecting any movement of people, barring a natural/declared disaster”.
He said 16 families will be accommodated in Jamestown, in line with the potential beneficiaries that qualify for permanent housing according to the subsidy criteria.
Weekend Argus