Unlawful land gross sales head to courtroom


5 years after an investigation discovered chief in KwaZulu-Natal illegally bought folks’s land to outsiders to construct vacation properties, no motion has been taken in opposition to him or his subordinates.

Inkosi Phathisizwe Luthuli — from the coastal are of Umnini, close to Umgababa and Amanzimtoti — and his izinduna had been instructed to cease promoting land in 2013 by the provincial cooperative governance and conventional affairs division (Cogta), however have continued to take action.

Nothing has modified right here. They’re nonetheless promoting off the land and robbing folks of their plots. Simply now there was one other plot bought. The one that lives there’s scared to return ahead and communicate

Now residents represented by the Authorized Assets Centre are going to courtroom as a final resort after begging the provincial and nationwide authorities for years to cease the sale of plots allotted to native households.

In 2014, after a variety of complaints by the land house owners, Nomusa Dube-Ncube, then the MEC for cooperative governance, appointed Ingqwele Battle Decision and Capability Constructing Providers to analyze the claims of corruption and unlawful land gross sales in opposition to Luthuli.

Ingqwele compiled a report that recommends a forensic probe into the actions of Luthuli and his council, together with disciplinary motion in opposition to him.

The confidential report, dated Might  20 2015, which the Mail & Guardian has seen, discovered that there was a prima facie case of mismanagement of funds collected for land between April 2013 and February 2015 for about 600 new plots which had been “issued” by the inkosi.

The report additionally discovered that:

  • Outsiders had been paying R9 00zero a plot, with native residents being charged R850 and that an quantity of about R2.5-million must be the topic of a forensic audit.
  • Residents had been being unlawfully dispossessed of their land. “The allocation of land is completed with out following the rules as set by Ingonyama Belief Board (ITB) and with out session with the correct holder. It needs to be famous moratorium was positioned by the MEC for Cogta in December 2013, instructing inkosi and izinduna to cease land allocation. This was disregarded.”
  • The sale of land was growing tensions in Umnini, which had a historical past of violence, and had the potential to spark a significant outbreak of violence. “While the group really feel that they need to not take the regulation into their very own palms, their expectation is that the MEC’s intervention will present some redress that may stop the violence.”
  • Ladies who headed households had been being the worst hit by the land dispossession.

However there was no redress. 

After the report was submitted to Dube-Ncube, she appointed Mkhulusi Attorneys to conduct an inquiry into Luthuli’s conduct and full the forensic audit. At this level, the ITB seems to have intervened on Luthuli’s behalf and challenged the choice by Dube-Ncube to carry an inquiry.

Inkosi Luthuli
Unresolved: Inkosi Phathisizwe Luthuli has been accused of illegally promoting folks’s land

In a letter in response to ITB chairperson Jerome Ngwenya, Dube-Ncube mentioned she had appointed a second inquiry into the Mathuli Conventional Authority after an in depth investigation discovered prima facie proof of misconduct on Luthuli’s half. “These proceedings in opposition to Inkosi Luthuli are of no concern to the Ingonyama Belief Board, because the Ingonyama Belief Act, 1994 (Act No three of 1994) doesn’t grant the Belief any mandate in any respect to intervene in misconduct proceedings in opposition to amakhosi,” she mentioned.

The second investigation and forensic audit into the unlawful land gross sales, commissioned by the province in 2017, had additionally been gathering mud due to fears violence and an obvious lack of political will by the provincial and nationwide authorities to intervene. Vusi Mkhulusi, the lawyer who ran the 2017 investigation for the cooperative governance division, was murdered in an obvious armed theft by three gunmen within the centre of Pietermaritzburg in March this yr. 

Regardless of the findings of each inquiries, which have by no means been made public or defined to the Umnini residents, no motion has but been taken in opposition to Luthuli.

A former induna, Lefani Luthuli, who’s among the many residents opposing the land gross sales, and had been unlawfully faraway from workplace by the inkosi in 2010, mentioned they’ve reached the stage the place their solely possibility is to go to courtroom.

“Nothing has modified right here. They’re nonetheless promoting off the land and robbing folks of their plots. Simply now there was one other plot bought. The one that lives there’s scared to return ahead and communicate,” he mentioned.

Lefani Luthuli mentioned that regardless of guarantees of intervention by the departments of land reform and of cooperative governance, nothing appeared to have been completed.

Zenande Booi, a researcher for the Land and Accountability Analysis Centre (LARC) primarily based within the College of Cape City’s regulation school, mentioned they had been helping the residents to strategy the excessive courtroom for an interdict to cease the sale of land.

The analysis centre had helped the residents in earlier makes an attempt to problem the switch of the land at Umnini to the ITB, which occurred in 1994, but it surely was unsuccessful as a result of LARC couldn’t present authorized standing within the matter.

“We’re approaching the courts to interdict the inkosi from promoting any extra of the land. We’re nonetheless on the early stage of the matter,” Booi mentioned.

“The group has exhausted all of the processes of attempting to interact with the state. At this level they see litigation as the one possible way ahead as not one of the stories or mediation processes they’ve engaged in have provide you with any outcomes.” 

Senzo Mzila, the spokesperson for cooperative governance MEC Sipho Hlomuka, mentioned the division had appointed an interdepartmental job crew to take care of the matter.

He mentioned the division had not acted instantly on the suggestions within the 2015 report due to considerations about violence within the space if it had completed so and the complexity of the land challenge there.

“At present, an intergovernmental job crew is seized with all facets of the matter. Due course of must be adopted earlier than any actions may be taken. This shall be knowledgeable by the findings of the intergovernmental job crew,” Mzila mentioned.

Requested why the division had not acted by itself report for 5 years, Mzila mentioned: “A few of the progress has been hampered by the lockdown, however the crew is engaged on this matter.”

Reggie Ngcobo, the spokesperson for Land Reform Minister Thoko Didiza, referred the matter to Hlomuka. “The minister intervened when some members of the Luthluli royal household introduced the matter of legitimacy of the inkosi and allegations of unlawful promoting of the land by the inkosi. The minister met MEC Hlomuka and the complainants. In that assembly, it was agreed that MEC Hlomuka would intervene by getting the matter of legitimacy investigated.” 

Phathisizwe Luthuli questioned the supply of the allegations in opposition to him. He would solely talk about the report if its authors had been current. “Carry them right here after which we are able to discuss.”