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TISUKA TAKES ILLEGAL SQUATTERS TO COURT

03/02/2021 08:52:00 BY CHRIS DLAMINI

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MBABANE – Tisuka TakaNgwane was taken aback when it discovered that occupants of a King’s farm still resided there 15 years after they allegedly agreed to leave in 2005.

This has prompted Tisuka TakaNgwane to take the occupants of the farm to the High Court to evict them and demolish their structures.

They want the court to order the police to assist the deputy sheriff in evicting them and demolishing their structures.

Tisuka TakaNgwane is the custodian of Farm 1 185 (Mbanana) on behalf of the Ingwenyama, held under Deed of Transfer No.7/1979.

The General Manager of Tisuka TakaNgwane, Dr Nicholas Nyawo, told the court that Mfanyana Bhembe, Mbhekeni Mavuso, Thita Ngwenya, Dan Lukhele and Leya Dlamini resided on the property and used the fields without permission or consent of the custodians of the farm.

Nyawo submitted that the respondents were causing a nuisance to adjacent farm owners who threatened to sue Tisuka TakaNgwane due to their conduct.

acknowledged

The general manager informed the court that the respondents had no legal right to stay or use the fields since as of September 16, 2004, they allegedly acknowledged and undertook to vacate the farm by July 31, 2005.

“Following the complaint, we were taken aback that the illegal squatters were still on the farm and we, therefore, issued notices by letters dated November 16, 2020 for them to vacate the farm.

“The court will note that the applicant is obliged to oversee the running of the farm and that it is maintained in its proper state without damage from intruders as it were.

‘‘The respondents are, therefore, illegal squatters who have no legal basis to be on the farm,” Nyawo submitted. The veracity of these allegations is still to be tested in court. Tisuka TakaNgwane is represented by Robinson Bertram.

He further stated that Tisuka was entitled to an order evicting the respondents and all other persons holding title under them on the farm.

He accused them of interfering with the right of the applicant, Tisuka TakaNgwane, to utilise the farm ‘and also causing nuisance to adjacent properties in circumstances where they are in illegal occupation of the farm’.

According to Nyawo, the respondents could never be described as farm dwellers as they allegedly had never approached Tisuka TakaNgwane to make a request for permission to reside on the farm. He also alleged that they never entered into any farm dwellers agreement with Tisuka TakaNgwane to legitimise their stay on the farm.

failed

“The applicant has no other alternative remedy other than to seek an interdict as it has failed to agree to anything with the respondents. The respondents are benefitting from the use of the farm in circumstance where applicant is getting no value from them, yet at the same time causing extensive damage to the farm,” he added.

Gertrude Mavuso, in the residents’ answering affidavit, said it would be fair if Tisuka TakaNgwane compensated them in the event it insisted on evicting them.

She appointed out that Tisuka TakaNgwane attempted to build alternative accommodation for one of the respondents, Leya Dlamini, at Mahlanya.

She alleged that the house was built from timber and the authorities felt it was unsafe.

The farm occupants denied that they were residing on the farm illegally. Mavuso was the wife of the second respondent, Mbhekeni, who is deceased. Dlamini, according to Gertrude, is also deceased.

She confirmed that they had been residing on the farm for a long time and she alleged that when Tisuka TakaNgwane wanted to evict them in 2004, the local authorities intervened. Gertrude said it was not necessary to refer to them as squatters.

dignity

“The term squatters is derogatory and intended to belittle us, while undermining our dignity. We have been occupying the farm long before the applicant came to eject us,” she said.

She further informed the court that the commission on human rights and public administration some time ago declared moratorium on all evictions. Gertrude further denied that they were causing nuisance to anyone.

She narrated to the court that when she got married to Mbhekeni in 1983, she found him staying with his family and they had built a homestead on the farm.

She submitted that she resided on the farm until 2004 when they were informed that the land belonged to Tisuka TakaNgwane.

She said they reported the matter to the royal kraal under Chief Mlobokazane Fakudze, who allegedly engaged Tisuka TakaNgwane ‘and it stopped bothering us’.

The matter is pending in court.