"Christmas is coming. I don't want to be homeless"
- Families who were illegally sold plots on municipal land in Mpumalanga by a traditional leader will soon be forced to vacate the properties.
- The Middelburg High Court has ruled in favour of the Thembisile Hani Local Municipality, dismissing the traditional leader's attempt to appeal an eviction order.
- Judas Mahlangu, leader of the Ndzundza-Mabhoko Traditional Authority, has been selling off stands on municipal-owned land for at least R2,500 each since 2018.
The Middelburg High Court has ruled in favour of the Thembisile Hani Local Municipality in Mpumalanga, ordering a group of people and the traditional leader who illegally sold them plots on municipal land to vacate properties.
The group have been ordered to leave the land by 31 October.
But many of the people still living in Magadangana Village say they have nowhere else to go. They say they spent what little money they had, or even took out loans, to build their homes there.
Judas Mahlangu, leader of the Ndzundza-Mabhoko Traditional Authority, has been selling off stands on the municipal land since 2018 for at least R2,500 each.
The battle between the municipality and Mahlangu has been ongoing for six years.
The area, officially known as the Farm Vlaklaagte, has no running water, electricity or road infrastructure. The people who bought stands from Mahlangu will be forced to leave as soon as the eviction order has been handed over to the sheriff of the court to execute, the municipality confirmed. This is after three failed legal attempts by Mahlangu to claim that he had a right to sell off the municipal land.
The Thembisile Hani municipality first found out in June 2019 that stands were being sold on its land. The land has been earmarked for the development of government housing.
The municipality went to court, and in February 2022 the Middleburg High Court interdicted Mahlangu and another man, Johannes Jiyane, from allocating stands. By then 175 sites had been "allocated". According to some residents, Jiyane works with Mahlangu at the Ndzundza-Mabhoko Tribal Authority.
The municipality returned to court in January 2024, and Judge Mpopelele Bruce Langa ordered Mahlangu, Jiyane and those living on the land to leave by the end of April.
Mahlangu then filed an application to appeal against this ruling. On 23 August Judge Langa dismissed the appeal with costs. The judge said that leave to appeal should only be granted if the court is of the opinion that the appeal would have reasonable prospects of success or is arguable.
In rejecting the appeal, Judge Langa said that, among other things, Mahlangu had failed to prove his authority to bring the appeal on behalf of all of the people occupying the municipal land. "The fact that he may be the traditional leader in the area, did not give him the authority to act on behalf of the 'community' and institute legal proceedings without the resolution or consent by the community for him to do so," he said.
Langa added that the court had made a factual finding that the municipality was the rightful owner and that there was not sufficient evidence that families had been on the land for more than six months before the initial litigation.
Nowhere to go
There are currently about 200 informal structures and brick homes on the land and a few larger brick and mortar houses are still being built.
Many of the residents GroundUp spoke to last week say they now live in fear daily of their imminent eviction.
Jabulani Ngema told GroundUp that he worries that he will be homeless for Christmas. He said he bought a stand from Mahlangu for R2,500 in 2021 and spent R5,000 on building material and furniture to construct his two-room shack.
"I am worried because I don't know if the municipality will move us to another land.. I fear that the municipality will demolish my home and damage my building material when evicting us," said Ngema. "Christmas is coming. I don't want to be homeless."
Ngema's shack is on the outskirts of the site near a dam. He said moving out of the area would be a huge setback for him because he wants to start a vegetable garden and sell the produce to make a living.
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Another resident owns a seven-roomed house on the site. He said he had spent more than R120,000 on his house so far. "I live with my wife and three children in this home and they love our house. If the municipality evicts and relocates us to another land, it will still be a big loss for me because I will have to spend more money building another house there."
GroundUp sent questions to the spokesperson for Thembisile Hani Municipality, Simphiwe Mokako on 7 November 2024. Mokako said the court order had ordered the municipality to find alternative land, and "We have indicated that the municipality will abide by the court order."
"The matter of the evictions is in the hands of the Sheriff."
Mahlangu said he would not answer our questions before hanging up on us.
GroundUp also sent questions by email on 11 November to the Ndzundza-Mabhoko Traditional Authority but there was no response by the time of publication.
