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COURT HALTS ALL ACTIVITY ON VUVULANE FARMS

03/11/2020 00:55:00 BY MBONGISENI NDZIMANDZE

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MBABANE – The High Court has issued an order stopping all parties from interfering with the disputed farms at Vuvulane, either by tilling, ploughing and cutting trees or planting.

IYSIS and some of the farmers from the area are currently embroiled in a legal battle over the farms.

Inyoni Yaseswatini Irrigation Scheme (IYSIS), formerly known as Inyoni Yami Swaziland Irrigation Scheme, is involved in a business of irrigation, sugar cane growing and livestock rearing, whose principal place of business is at Tshaneni in the Lubombo Region.

IYSIS claimed that it had been in peaceful and undisturbed possession of the farms since 1998 in terms of a long-term lease and nutria deed of agreement entered into between it and the Ingwenyama in Trust for emaSwati.

The court further referred the matter to oral evidence on the issue of who was in occupation of the land before September 9, 2020. This is the day when the aggrieved farmers reportedly invaded the farms and allegedly forcefully took over possession of same.

“Pending finalisation of the application, all parties are hereby restrained and interdicted from interfering with the land in question either by tilling, ploughing, cutting the trees, plants or vegetation,” reads part of the interim order. Judge Mbutfo Mamba, who issued the interim order, further directed members of the Royal Eswatini Police Service to see to it that the order was complied with.

invaded

It was previously alleged that a mob of over 15 farmers invaded the farms at Vuvulane, which are currently being utilised by IYSIS, and forcefully took possession of same.

The livid farmers are reported to have informed employees of IYSIS that they were the owners of the farms since they were part of the Vuvulane Irrigational Farmers. It is alleged that they further contended that they were entitled to occupy the farms and to allocate pieces of land to their members.

The land which is identified as P3, P4 and P5 on the IYSIS map is located along the Mananga Mountain opposite the road leading to the Mafucula community.

IYSIS moved an urgent application where it sought an order directing some of the farmers, together with all those acting on their behest, to restore to the applicant’s (IYSIS) peaceful and undisturbed possession of land being the farms known as; Remaining Extent Farm No.94 and Remaining Extent Farm 860. Both farms are situated at Vuvulane in the Lubombo Region.

Respondents in the matter are Mphisi Comfort Dlamini, Qalangalembili Mamba and Mandla Mkhaliphi.

Also cited are the station commander of Tshaneni Police Station and the national commissioner of police.

The company’s General Manager, Alan Howland, informed the court that the farms in question were in the peaceful and undisturbed possession of IYSIS when the respondents accompanied by a mob of about 15 people invaded on September 9, 2020.

The applicant also sought an interdict to stop the respondents from interfering with its possession and/or management of the farms.

Meanwhile, the aggrieved Vuvulane farmers averred that the matter was prematurely brought before court.

Utilised

They also denied the allegations that they invaded and further took possession of the farms currently being utilised by IYSIS.

In their answering affidavit, the respondents alleged that in a meeting held on September 30, 2020, the parties agreed that they would approach an arbitrator who would solve their differences, being the Ingwenyama.

The respondents claimed that they were amazed when they were served with the urgent application filed by IYSIS. They told the court that they were of the view that the matter was still to be reported to the King.

According to the respondents, the applicant (IYSIS) claimed that they were leased the land for a period of 25 years and the lease agreement was entered into between themselves and His Majesty the King. On the other hand, the respondents alleged that they were settled on the farm by an English company known as Commonwealth Development Company (CDC).

The farmers claimed that after the departure of CDC, the farm was left to them. It was further their argument that there was no urgency in the matter and if there was, it was self created.

They claimed that they started occupying the farms as early as 1962 while the applicant alleged that they signed the lease agreement in or about 1998.

The respondents also denied the allegation that accompanied by a mob, they invaded the farms and disposed IYSIS of same. According to the respondents, IYSIS was operating as normal and it was an allegation that they disrupted operations.

The matter is still pending and appearing for the applicant is Zweli Shabangu of Magagula Hlophe Attorneys.