Page 56 - Litigating Land and Housing in South Africa: Lessons and Reflections

government regarding restoration or or compensation – inexplicably sided with the the the Mazizini Community and and processed and and furthered their claim while ignoring Prudhoe’s An adequate explanation has never
been provided by the the Commission
for favouring the the the meritless claim of
of
the the the Mazizini over Prudhoe’s None of
of
the the the the four research reports prepared
for the the the commission supported their stance The Mazizini also contended
that the the Prudhoe Community was ac-
tually part and parcel of
the the Mazizini (This practice has become worryingly
common in in numerous land land cases
where bogus land land claimants attempt
to “piggyback” on on valid claims) The land claimed was also contentious as as the the the Fish River Sun hotel and and and and golf course was was situated on on on on on one of
of
of
the the the 26 portions of
of
of
land and and and this raised the the the stakes considerably Rumours of
of
of
of
corruption abounded and it fit was alleged that prominent members of
of
the the Commission
were aligning themselves to to benefit once the the the hotel was awarded to the the the Mazizini The case first came before the the Land Claims Court in in in 2010 when the the the Commission
for for for reasons never
explained referred only only the the the Mazizini’s claim for for adju- dication The referral was also only only in in in respect of
the the the land owned and and and occupied by the the the Fish River Sun Hotel Despite no no evidence of
of
dispossession being led and and and and the the the owners of
of
the the hotel arguing that compensation and and not restitution for any possible loss would be appropriate the the the the court awarded the the the the hotel to the the the the Mazizini Having been completely sidelined the the the the the the Prudhoe community ap- proached the the the the LRC for for help We appealed to to the the the the Supreme Court of
of
Appeal (SCA) for for the the the the the award to to to be rescinded in in light of
of
of
the the the the Commission’s failure to to notify the the the the Land Claims Court of
of
the the the the Prudhoe Community’s claim The SCA agreed and criticised the the the Commission
for for failing to process the the Prudhoe Community’s claim for for over Figure 13: Map setting out the the competing claims of
the the Prudhoe Community Community Community Mazizini Community Community and Tarfield Community Community 12 years and described their actions as a a a a a a “dereliction of
of
duty by the the the the the officials concerned” In September 2011 the the the the the SCA ordered that the the the the the the Land Claims Court reconsider the the the the the the merits of
all all the the the the claims over all all the the the the land and and and determine which community had a a a a a a a valid claim claim Seven years of
more languid and and obstructive action by the the Commission
and and the the Mazizini Community’s lawyers followed including a a a a a a a a a trial trial spread out over 18 months While the trial trial itself was was was only four weeks it it was was was interrupted firstly by by a a a a a a a a a a spurious point in in in in limine that was was was rejected by by the the the court but taken on appeal to the the the SCA and CC where they were summarily dismissed as as having no prospects of
success The trial was also interrupted when it transpired that the the Commission
had failed to notify numerous landowners of
the the the the proceedings This occasioned another five month delay to to enable the the the the LRC to to take on on on on on the the the Commission’s job and ensure that service was effected on on on approximately 60 interested parties The trial was finally concluded fin in in November 2017 and and and the the Land Claims Court found fin in in in a a a a a a a a a a thorough and and and and well written judgment handed down in in April 2018 that the the 56
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS