OVER 100 HOMESTEADS TO BE DEMOLISHED AT MONENI

MBABANE – The High Court has granted an order for the demolition of over 100 homesteads at Moneni in the Manzini region.

The order for the demolitions comes after Chief Nkamane Mkhatshwa and Tisuka TakaNgwane ran to court where they were seeking inter alia  an order interdicting and restraining some of the residents from allocating land at Farm No.9 ‘The Peebles Block’.

The land was being illegally allocated by some people who were holding themselves as the lawful authority of the area. The order was issued by acting Judge Mavi Mavuso.

On or about January 30, 2014, under a certificate of urgency the applicants (Chief Nkamane and Tisuka TakaNgwane) moved an application, wherein they sought orders in the following terms; granting an interim order interdicting and restraining some of the residents from allocating land on Farm No.9 ‘The Peebles’ situated at Moneni, Interdicting a section of the residents from regarding themselves as bandlancane of Moneni, interdicting the  residents or anyone else other than Chief Nkamane from continuing with the construction of illegal  homestead and to comply with the decision of the Ludzidzini Council.

The acting judge said it was clear that the respondents (Mongie Jele, Mupho Dlamini, Ndipethe Dlamini, Thami Xaba, Pitoli Shabangu and Mathandi Ndlovu) were well aware of the fact that the land they were occupying was a farm. He also noted that 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 disposed by Prince Masitsela on October 24, 2011, several years before the commencement of these proceedings,” said the judge.
Judge Mavuso said, on the requirements of a final interdict, the court found that the papers justified such an order as the construction and occupation of the farm was illegal.

“I now turn to the aspect of demolishing all illegal homesteads, constructed in defiance of the ruling of the Ludzidzini Council and that of Chief Nkamane.  From examination of the papers filed, the decision of the Ludzidzini Council was taken in 2012, and it is when those who were constructing their houses illegally were advised to stop doing so. In the words of Dr Ben Sibandze, in vernacular, it was said ‘akume kukhalisa sandvo’,” said Judge Mavuso. He  further observed that the occupants were warned of the consequences which would befall them, in illegally constructing homes on the farm. He said notwithstanding the above, they continued with the illegal activities to the detriment of Chief Nkamane and Tisuka Takangwane.

The court said it observed that one of the respondents Shabangu issued his purported authority as ‘umgijimi’ (chief runner) to influence the gullible minds of those he acted on their behalf, into engaging in a defiance campaign under the guise of 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. The chief and Tisuka TakaNgwane were represented by senior government lawyer Vusi Kunene while Osborne Nzima appeared for the respondents.

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