Looming Badfontein claims cause dissatisfaction

BADFONTEIN – For numerous years this farming district on the outskirts of town has faced looming land claims.

Sixteen years later documentation in this regard leaves much to be desired.

Mr Fritz Louw, a farmer in this region, recently sent a letter to the Land Claims Court Randburg, the Regional Land Claims Commissioner in Nelspruit and the Chief Land Claims Commissioner in Pretoria outlining various mistakes and irregularities on some of the documents pertaining to these claims.

Louw stated in his letter that the blue-file documentation (In the Land Claims Court of South Africa, held at Randburg) received on May 16, 2014 was riddled with errors, severe inconsistencies, lacked completeness, with no page numbering and some unreadable pages.

“Let me elaborate on and substantiate my statement further – from the outset I would like to bring to your attention that I was grossly confused with who are now actually claiming the Kwendaba Farm (Portion3 Uitwaakfontein, Portion15 Rustenburg and Portion16 Rustenburg).

None of the Claimant’s descriptions and/or spelling (except for Badfontein Community) on the document called ‘In the Land Claims Court of South Africa’ are the same as they appear in the Government Gazette Vol 579 Pretoria, September 10, 2013 No 36825.”

He explained that as far as the summary of facts was concerned, the following were picked up: the various claimant’s names and/or descriptions were not the same as appear in the Government Gazette and that the farm 108JT does not comprise of units but comprise of portions.

There are also reference made to nine other farms. “Which are the nine other farms? Please supply writer with the relevant information.”

As far as the Badfontein Community’s alleged claim was concerned, he asked who this community was and how many sub-claimants there were and what their full names and ID numbers were.

Louw went on to ask on which basis they claim Portion 3 of Uitwaakfontein which was bought by Kwendaba Farming CC during 2007. “It is alleged that ‘The Badfontein Community claims

restitution of land’ in respect of inter alia Rustenburg, but this alleged claim of Rustenburg does not appear in the Government Gazette. Uitwaakfontein is not mentioned in their Land Claim Form. So, the question one can ask is how this alleged claim can appear in this paper if it was not formally claimed?”

He stated that The Lands Claim Court and/or Commissioners are requested to re-issue the blue-file document in a readable, correct and consistent format.

“All the pictures and Google maps, for example, are to be reissued in a colour format as they are not readable now. It is hereby formally placed on record that this is the first ever official documentation received by Kwendaba Farming CC regarding the case.

This is totally unacceptable and indeed a shame. If the authorities in this matter have a capacity for shame, they should be ashamed of it.”

Louw said that he would like to express their deepest disappointment with the Land Claims

Commissioners and the teams for delaying these matters for 16 years, since 1998. “Not only are we as landowners prejudiced in the process, but also the claimants who had certain expectations as far as their alleged claims are concerned.

Finally, we are seriously considering laying a complaint with the Public Protector Advocate Kevin Sifiso Malunga, deputy Public Protector at Office of the Public Protector, regarding the utter and total incompetency of a state department as was partially motivated by this writing.

We, as ordinary citizens cannot and must not allow this to happen. We deserve better for our tax money.”

He said the various departments should acknowledge receipt of this memorandum. “All the rights of Kwendaba Farming CC are henceforth strictly reserved. We also reserve the right to make this whole sorrowful saga, like the pathetic process followed by the state since 1998 as illustrated above, known to the electronic and printed media.”

At the time of going to print, Louw confirmed that he had received phone calls from both the premier of Mpumalanga’s office, Mr David Mabuza, and the Chief Commissioner in Pretoria.

“The premier’s office promised that they would, by means of their State Legal Department, contact the Commissioner in Nelspruit. The Chief Commissioner in Pretoria asked to be informed of all relevant information to rectify the situation. I will be delivering the court documents to them either on Tuesday or Wednesday.”

In the meantime farmers in this area of approximately 45 000ha are still in the dark concerning these prolonged claims.