Cape Town - Endowment land in Bo-Kaap which is currently inaccessible to the community is causing confusion among the alleged trustees, after it is said to be locked up by an unknown party.
The Darul Falaah Study Group (DFSG) released a public statement which said: “DFSG is not the party responsible for locking the pedestrian gate at the property. The DFSG had always resolved to deal with this matter legally, hence the involvement of our attorneys, who served a notice to vacate on the Sustainable Bo-Kaap Association (Suboka).”
DFSG said they have already taken the relevant steps, and locking the gate would have held no benefit for them and had actually been extremely detrimental to their process.
Founder of Suboka, Soraya Booley, said they have transformed the site into a food garden.
“It may serve DSFG no purpose but it serves our community the purpose of feeding themselves, a basic human right.”
She said they understand DFSG to be the ones responsible for the garden being locked and have therefore taken out a spoliation order against the organisation.
DFSG said: “We do not know the motivation behind this court action, given the fact that they do not need a court order to open the gate. We as trustees are now facing the daunting financial consequences of their decision.”
Muslim Judicial Council (MJC) Deputy President, Sheikh Riad Fataar, said: “The way in which Waqf land (endowment land) is used depends on how it is registered. The land may be specified for a certain act and the trustees need to look at this properly. The land is not to be used openly for everyone to just enjoy.”
He said the unity of the people in opposition for this site is more important than going to court. It is important for the parties to co-operate with each other going forward.
“It is suggested that the parties register with the MJC’s mediation department to come to an agreement,” he said.