100 MONENI HOUSES TO BE DEMOLISHED

MBABANE – Over 100 homesteads at Moneni will be reduced to rubble when Tisuka TakaNgwane effects an order to demolish illegally constructed structures in a farm owned by the company.

According to the order, which was issued by High Court Judge Nkosinathi Maseko last Friday, all illegal homesteads that have been constructed in defiance of a 2012 ruling of the Ludzidzini Royal Council and Chief Nkamane Mkhatshwa will be demolished. The order does not stipulate the date of the demolition.

Chairman of Tisuka TakaNgwane Vincent Mhlanga filed a confirmatory affidavit to put certain issues into perspective, especially the decision of the Ingwenyama regarding issues between the Indlunkhulu of Moneni and Chief Nkamane and the status of Farm No.9 ‘The Peebles Block Moneni.
Judge Maseko made Mhlanga’s affidavit an order of the court. In the affidavit, Mhlanga confirmed that it was the decision of the Ingwenyama that the farm was under the administrative authority of Tisuka TakaNgwane.

He further said it was also the decision of the Ingwenyama that Chief Nkamane and Prince Mshosha Dlamini should live together in the area as their forefathers.

On January 31, 2014, Judge Bheki Maphalala, as he was then, issued the same order in an interim basis and acting Judge Mavi Mavuso confirmed the order in October of the same year.

Judge Mzwandile Fakudze, on April 21, 2016, issued a judgment which stayed the acting judge’s order pending finalisation and resolution of the dispute between the Indlunkhulu of Moneni and Chief Nkamane by the Ingwenyama in terms of Swazi Law and Custom. Mhlanga filed his affidavit last Wednesday and the matter was scheduled to be heard on Friday for an order in terms of the removal of the order issued by Judge Fakudze which stayed execution of the demolition order pending finalisation of the matter.

Judge Maseko confirmed the order to demolish the structures that was issued on January 31, 2014 which was issued by Judge Maphalala, who is now the chief justice, and made Mhlanga’s confirmatory affidavit an order of the court. When the matter came before court in 2014, Chief Nkamane and Tisuka TakaNgwane had filed an urgent application, seeking prayers in the following terms; granting an interim order interdicting and restraining some of the residents from allocating land on the farm situated at Moneni and interdicting a section of the residents from regarding themselves as bandlancane of Moneni.

Tisuka TakaNgwane, which was represented by Crown Counsel Mbuso Dlamini, also wanted the residents or anyone else, other than Chief Nkamane, stopped from continuing with the construction of illegal homesteads and to comply with the decision of the Ludzidzini Royal Council.

The then acting Judge Mavuso said it was clear that the respondents (Mongie Jele, Ndiphethe Dlamini, Thamie Xaba, Pitoli Shabangu and Mandi Ndlovu) were well aware of the fact that the land they were occupying was a farm. He also said it was clear that the respondents were aware of the order against further allocation and construction on the land in question.

“In order to lend credence to the otherwise irrelevant argument that Moneni is not under Lwandle area, the respondents have attached an affidavit deposed to by Prince Masitsela on October 24, 2011, several years before the commencement of these proceedings,” said the acting judge.
Judge Mavuso further said the court found that the papers filed justified such an order as the construction and occupation of the farm was illegal.

Regarding the demolition of the illegal structures at the time, Judge Mavuso stated that from examining the papers, the decision of the Ludzidzini Council was taken in 2012 and that was when those who were illegally constructing their houses were advised to stop doing so. The court noted that even Dr Ben Sibandze said; “Akume kukhalisa sandvo (construction should stop).” 

The court observed that the occupants of the illegally constructed houses were advised about the consequences which would befall them. He said despite the advice, the residents continued with illegal activities on the farm to the detriment of Chief Nkamane and Tisuka TakaNgwane.
The court also observed tha; one of the respondents, Shabangu, issued his purported authority as umgijimi (chief’s runner) to influence the gullible minds of those he acted on their behalf into engaging in a defiance campaign under the chieftaincy dispute on the farm’.

“Unfortunately, all the respondents now have to bear the consequences of the actions as the interim order issued by the High Court on January 21, 2014 is confirmed with costs,” ordered the court.   Leading to the issuance of the order to demolish the houses, some of the owners were in dark about the imminent turn of events. While Tisuka TakaNgwane wanted to evict the illegal occupants of the farm, the traditional authorities of Moneni were adamant that this would not happen.

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