Page 54 - Litigating Land and Housing in South Africa: Lessons and Reflections
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6 LAND REFORM
6 1 1 1 1 Case information
6 1 PRUDHOE LAND CLAIM
In December 1998 the the the the the Prudhoe Community lodged a a a a a a a a a land claim claim using the the the the the (then) newly proclaimed Restitution Restitution of of Land Rights Act Act (the (the Restitution Restitution Act) – seeking restoration of of 26 farms measuring 10 000 hectares in in in in in in extent in in in in in in the the the the the the the Eastern Cape They had had called the the the the the the the land home since the the the the the the the late 1700s The The community had had been forcibly removed from these farms located between the the the the the the the Fish and and and Mpekweni rivers by the the the the the the the Ciskei government in in in in 1987 As Barnes AJ stated in in in in her judgment in in in in the the the the the the the the the Land Claims Court “The relevant history with with which we we we are concerned stretches from the the the the the the the the the racist colonial policies of of of the the the the the the 1800s to to the the the the the the ravages of of of Apartheid’s forced removals in in in in in in the the the the the the 1980s It demonstrates with with sickening clarity how black South African’s were dispossessed incrementally of of of land independence and and dignity” 11
The Prudhoe matter is a a a a a a a tragic tale of a a a a a a a people being chased from from their their land land by by two governments actively obstructed from from reclaiming their their land land by by a a a a a a a a third government and and finally being given the the the hope of of return by by an an an independent judiciary The claim of of the the the Prudhoe Community Community was (and still is) contested by by the the neighbouring Mazizini12 Community Community who claimed claimed 85 farms farms in in in in in the the the the area including the the the the 26 farms farms claimed claimed by the the the the Prudhoe Prudhoe Community Community While the the the the the Prudhoe Prudhoe Community Community are are members of of the the the the amaGqunukwebe clan (a subdivision of of the the the the amaXhosa nation) that occupied the the the the disputed land as as as far back as as as the the the the the late 1700s and and which occupation was recognised in in treaties with the the the the British the the the the Mazizini community are are part of of the the the the larger “Mfengu” who are are descendants of of of of refugees from the the Mfecane which saw mass migrations of of of of Nguni people out of of of of Kwa-Zulu Natal during the the reign of of of Shaka The Mazizini were also granted land in in in in the the the the Eastern Cape through treaties with the the the British colony in in 1845 to the the the immediate north west
of the the the the area occupied by the the the the amaGqunukwebe but their land was granted to to them in exchange for assistance to to to repel any attacks on
on
the the colony by amaXhosa tribes The Mazizini were to to serve as a a a a a a a a a a a a a a human buffer between the the the colony and and the the the amaGqunukwebe and and other amaXhosa tribes Many wars were fought and and the the the political landscape in the the the the area changed dramatically over the the the the past 200 years The amaGqunukwebe were forced out of their area along the the the the the coastal belt by the the the the the British during the the the the the war of the the the the the the Axe in in in 1847 and and previous treaties with both the the the the amaGqunukwebwe and and and the the the the Mazizini were torn up by proclamation Despite having lost their their chief and and and any formal title to to their their land some some amaGqunukwebe remained in in in the the the area and and some some took up employment on
on
the the the the newly surveyed farms being given to to white colonists along the the the the verdant coastal belt These remnants of of the the the the dispersed amaGqunukwebe are the the the direct ancestors of of 11
12 Mazizini Community and and and and Others Others v v Minister for for Rural Development and and and and Land Reform and and and and Others Others [2018] ZALCC 14 at para 2 2 The correct nomenclature is is “amaZizi” but the the the term used used in in the the the court pleadings will be used used for the the the sake of consistency 54
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA LESSONS AND AND AND REFLECTIONS