Page 46 - LRC Annual Report 2018-2019

LEGAL RESOURCES CENTRE ANNUAL REPORT 2018 - 2019 Makhabele Case Two families, the Makhabele family and the Thwala family, have been ploughing on the same Piesangfontein farm in northern Limpopo for the last 100 years. But in 2014 the Njhaknjhaka royal family began giving their plough fields to local businesses for development without the consent of the Makhabele or Thwala families. The two families were told that the land belonged to the Njhaknjhaka royal family and that the royal family could give away the land at any time to any person without consulting the Makhabele and Thwala families. Until the LRC stepped in, both families had been deprived of their land indefinitely, and their livelihoods were threatened by the arbitrary actions of the Njhaknjhaka royal family. Two elders recount the oral history of land ownership in the Makhabele family The bright red fence that is almost completely restricting the Makhabele family access to their ploughfields The Makhabele family has had continued use of the plough fields along what is now the Elim-Giyani road since the early 1900s, but there is currently a bright red fence that has been erected around the plough fields to partially block their access. The Njhaknjhaka royal family and the Bungeni Traditional Council allocated their plough fields to Thomas Rikhotso in early 2017, but the Makhabele family was not made aware of this allocation until they discovered someone de-bushing the area on 5 May 2017. They asked why their plough fields were being cleared of vegetation, and the person responded that the land had been purchased by a member of the Njhaknjhaka royal family. Samson and Wilson Makhabele then attended a meeting of the Headman Njhaknjhaka on 12 May 2017. Four other royal family members were present at the meeting, and they all told Samson and Wilson that they had no right to their plough fields because the royal family owned all of the land. When Samson and Wilson pleaded that they needed the plough fields to maintain their livelihoods, the Njhaknjhaka royal family ignored their request and further stated that the community members could no longer plough the fields. As a result, since May 2017, the Makhabele family has been severely restricted from using the plough fields by the nearly-completed red fence that surrounds the property. 44