Sharika Regchand
RESIDENTS of Mpumuza, Pietermaritzburg, who have been barred from occupying a vacant plot in affluent Hilton, have vowed not to rest until they are allowed back on the land.
Their declaration came after Rozie Farming Investments CC was granted a final order in the Pietermaritzburg High Court yesterday, preventing businessman Philani Ndlovu or anyone else from trespassing on the 82-hectare tract of land in Winterskloof, Hilton.
Rozie Farming owner Edmund Scott Roodt launched the initial application at the end of last month after noticing people marking plots on the land, for which he held the title deed.
A temporary order barring the invasion had been granted by the court, and Ndlovu, who Roodt found out had been selling the plots, had until yesterday to say why it should not be made final. He failed to do so, telling the court that he had not been able to get legal aid to assist him in the matter.
However, Judge David Ntshangase denied his request for more time and confirmed the order.
The Mpumuza residents were unhappy with the court’s decision. Babashane Ntuli said the Mpumuza tribal authority had been forcefully removed from the land in 1952.
“The proof that we owned the land is there in the form of corpses which are buried there,” he said.
Ntuli said some residents who had been evicted from the land could testify to this as they were still alive.
He said a meeting would soon be held to determine what their next step would be.
Roodt stated in court papers that he found out that Ndlovu had sold the plots and was given his cellphone number. He had contacted Ndlovu, who told him that the land had belonged to the Zulu people, the Ngonyama Trust in particular.
“I advised the respondent (Ndlovu) that the land belonged to the applicant (the company) and he had no right to demarcate plots and/or attempt to occupy the property,” he said.
Ndlovu had responded that he was selling the plots and was entitled to do so.
Roodt said the Zulu people never lived on or owned any of the properties in what is now Winterskloof. However, a chief by the name of Zondi had lived about 2km from Lot 106, on land today known as Sweetwaters.
