Cape Town - Rural Development and Land Reform Minister Gugile Nkwinti has been called on to intervene in a conflict involving land worth more than R600-million awarded 15 years ago to people forcefully removed from Ndabeni, near Pinelands, Cape Town.
Concerns have been raised over the sale of land for far less than its value and that the trustees did not have the mandate to sell the land.
This was confirmed by department spokesperson Max Ozinsky, who informed Weekend Argus there were wrangles over the legitimacy of the trustees who sold the land, adjacent to Wingfield military base on the N7, to a developer last month. .
Sources with knowledge of the sale alleged there are developers who are eyeing this valuable piece of land.
Ozinsky said the department would seek “engagement with the trustees and the community” and if an agreement could not be reached the “only remaining option will be to approach the courts”.
The land at the centre of the controversy that has divided the beneficiaries was sold to a property developer in August by trustees of the Ndabeni Communal Property Trust for R106-million.
Ozinsky said the department wants to ensure the intent of the original settlement was just and fair in compensation.
Fikiswa Fesi, whose father Gilbert had been involved in the restitution struggle of former Ndabeni residents, said the land was valued at R600m in 2008.
“It is absolutely outrageous that land meant to benefit people who suffered injustice should be sold below the determined market value.”
The Ndabeni land restitution claim was settled through an agreement in October 2001. Three properties totalling 54.8ha were awarded and transferred to the Ndabeni Communal Property Trust.
In August the trustees entered into an agreement for the sale of the land for R106m.
The minister of rural development and land affairs objected when the trustees approached the master of the high court to issue a new letter of authority to facilitate the sale.
This was confirmed by Ozinsky.
“The master has called upon the trust and minister to enter into a mutually acceptable verification process and report to the master not later than October 7.”
Ozinsky said “the trust faces numerous challenges, the most critical being an incomplete verification of its members”.
“The members of the trust are required to be from households that were members of the Ndabeni community at the time of dispossession of the land by the apartheid government.”
He said the agreement between the trust and the minister must implement a mutually acceptable verification process.
“The trustees and commission have not been able to agree to that process, though each has (separately) conducted verification processes.”
He said an important part of settling the dispute would be the convening of a meeting of the trust.
At least 60 percent of verified beneficiaries had to be present at such a meeting.
However, the trustees on whose watch the land has been sold were sticking to their guns.
Secretary of the Ndabeni Communal Property Trust Nksosana Mgugu said: “At last, under the current leadership, the claimants will recognise their benefits soon. We are confident that they gave us their mandate and as a result they are benefiting now, and in the future.”
He said the trustees “have more than 90 percent of the claimants” supporting the sale.
Mgugu disparaged detractors whom he accused of “trying to destruct (sic) the process”.
However, the legitimacy of Mgugu’s group was questioned by Russel Kokoma, spokesperson for a concerned group of Ndabeni claimants.
“The developers are working behind the scenes with the trustees. These trustees manipulated the beneficiaries and the processes, promising them cash payouts in December, but this did not materialise.”
Kokoma has called on the Department of Rural Development and Land Reform to intervene to ensure transparency and “to educate all beneficiaries so that they can take informed decisions”.
Weekend Argus