INLSA
Sugar farmer Rodger Stewart pleads with KwaDukuza police to enforce an interdict issued last week against land invaders who attacked him. Picture: Doctor Ngcobo
The R10-billion Blythedale Coastal Resort project is likely to be affected by the invasion of a 1 000ha farm neighbouring the property during a recent “land grab” by a chanting and toyi-toying group.
Now the massive sugar farm and timber plant on the North Coast has been shut down after the 65-year-old farmer was dragged from his office, beaten up and chased off the property before allegedly being forced to sign a document cancelling his lease.
Former SA Sugar Association chairman Rodger Stewart, of New Guelderland Sugar Estates, obtained an urgent Durban High Court interdict last week to stop the invasion of the farm which his family once owned.
The farm was handed over to the Dube clan as part of a R200-million land claim deal.
Stewart then leased the land to run his farms.
Last week’s “land grab” also affects the neighbouring R10bn resort project, which formed part of the land claim deal, and was bought by developers from the clan.
The developers obtained a second interdict, preventing members of the Zwelabantu Dube Communal Property Association and its “consultant”, Jabulani Mabaso – a man facing charges of R200m government fraud – from any further “illegal” action and ordering them to immediately vacate the properties.
But the interdicts have been ignored and community spokesman Makinyesini Ndiniso remained defiant this week.
He insisted that neither Stewart nor the resort developers had stuck to their end of the deals and the court orders were meaningless.
“We have not seen any money (from the lease) at all,” he said. “They must go. We are coming to farm here now.”
According to papers before the court, the land was in Stewart’s family for 130 years and was handed over to the clan in 2008, after which the estate signed the five-year lease.
In terms of the agreement, it would pay the community rent for houses, 10 percent of the gross proceeds of crops, and train community members in farm management.
He says the estate has complied with its obligations and has paid the rent and about R1.2m, being the community’s share of the proceeds of harvested sugar cane.
All was well until earlier this month when community representatives expressed “frustration”, and said they wanted to cancel the lease.
He rejected this, saying there was a binding lease agreement.
Then, on the afternoon of April 16, a group came to the farm, chanting and toyi-toying.
“A tense meeting ensued. At about 6pm, when some said they wanted to smoke and I opened the door, I was pulled outside by the mob, thrown to the ground, kicked and punched.
“Some of the 10 members in the meeting intervened, forming a cordon around me and helping me back into the office. I was bruised, hurt and very shaken… the doors were again closed and team members present made it clear that they now insisted on the termination of the lease.
“I was forced to sign the document… I had no option. It was a life-threatening situation.”
He said he had since moved his family to safety.
In the second interdict application, Stewart says the resort land – also part of the land claim – was earmarked for an upmarket development and was sold on to the eLan property group’s Mark Taylor in return for a 20 percent stake.
Stewart said a share certificate had been issued, but the trust had yet to be formed.
He said the development had never taken off because of the world economic slump and because an attempt to secure “mezzanine finance” to start a “celebrity row” on the property had been stopped by community leaders.
Stewart said the community was laying claim to this land and he anticipated that people would simply arrive and take occupation, interfering with contractors on site.
Taylor said he was confident the law would take its course.
“I am very concerned about Rodger, but we are carrying on. We have met regularly with the BCR board where the community is well represented. They understand the slow progress of the development is due to forces beyond our control – the recession. They are on board with us,” he said.
The community property association has until next Thursday to respond in court to the interdict applications.
