TZANEEN – Residents of Nkowankowa, Deerpark, Lenyenye, and Taganshoek may well have to prepare to be without electricity due to an ongoing legal battle over the land housing a power substation.

A public notice issued by Letsela Nkondo Associates Inc, legal representatives of Lindor Ondernemings, the owners of Tarentaalrand 524 LT, District 9, warned of potential disruptions. The substation, which supplies power to these areas as well as California and Gladstone, sits on private property where the Greater Tzaneen Municipality (GTM) has allegedly been occupying the land unlawfully.

The property owners, who purchased the land in 1999, have no formal lease agreement with GTM. As a result, the Limpopo High Court ruled on March 12 last year that the municipality must vacate the land by April 12, 2024. The court also ordered GTM to compensate the owners for damages incurred due to the illegal occupation, as no servitude agreement exists for the substation.

However, a year later, the dispute remains unresolved. Frustrated by stalled negotiations, the property owners are now considering enforcing the eviction.

“We have spent the past year negotiating with the municipality without reaching any conclusion. They have left us with no choice but to evict them from our client’s property,” said July Mathebula, attorney at Letsela Nkondo Associates Inc.

“We engaged in meetings where settlement offers were exchanged, but our client’s counteroffer remains unaddressed. The last two scheduled meetings were postponed without rescheduling.”

The dispute has severe implications for the affected communities, with the possibility of extended power outages looming.

GTM has acknowledged that the substation is on private property, explaining that it was originally built with the consent of the previous landowner. However, the current owners dispute the municipality’s right to remain on the land.

“On March 12, 2024, the owner obtained a default judgment against the municipality. In response, we have applied to have the judgment rescinded,” said GTM spokesperson Vutivi Makhubele.

“Parallel to this legal process, we have been actively engaging with the property owners through their legal representatives in pursuit of an amicable resolution. Our most recent formal engagement was on January 23, where key agreements were reached,” she said.

GTM initially proposed purchasing the entire farm, but the offer was declined.

The municipality then proposed acquiring only the portion where the substation is located, an offer that was accepted in principle, pending the owners’ response to the purchase offer of R3.2m.

“We intend to purchase the land at fair market value, with independent property valuers representing both parties to determine an appropriate price,” GTM stated.

On Tuesday, at the time of the Herald going to print, the two parties had scheduled a meeting for Wednesday, March 12, in an effort to resolve the issue.