Game roaming freely between the Kruger National Park (KNP) and Mjejane Game Reserve is one of the factors that has made Mjejane one of South Africa’s most renowned private reserves bordering the KNP.

But this ultraluxurious reserve might never be the same due to the knock-on effects a judgment delivered on March 7 by the judge president of the Mpumalanga Division of the High Court, Francis Legodi, will have.

It interdicts homeowners or any third party from accessing the farm Tenbosch without the consent of the Mjejane Trust. This means no game drives and no access to wildlife in the game reserve.

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Portions of the farm Ludwig’s Lust were formalised, but the greater area consisting of the farm Tenbosch is registered and held by the Mjejane Trust.
Owners of portions of the erven of the development will not lose their titles, but the agreements allegedly entered into by the trust and the developer were declared void, and further access was interdicted with immediate effect. Costs were also granted in favour of the trust against the Homeowners Association (HOA), which will be a cost to which the individual property owners will have to contribute by way of their existing levies, or yet another special levy to be introduced.

Recently, two respective special levies worth R125 000 and R100 000 were raised. The initial special levy was part of the larger turnaround plan of the HOA, which never took flight. It was apparently never reimbursed to the individual property owners, but repurposed for litigation.

The HOA, to be differentiated from the individual property owners, decided to fund the application to place the Mjejane Trust under administration (not liquidation), at their collective cost.

“I remember warning the representative of the HOA that the appointee will have a fiduciary duty [must act in a way that will benefit the trust financially] towards the trust and not the Homeowners’ Association or specific property owners,” said a local attorney, Zietta van Rensburg, who has been representing various property owners for several years.

“Pieter Zeelie, a forensic auditor, was appointed, and he has excelled in his duty to act in the best interest of the trust, which is perceived to be the contrary to the interests of the HOA or individual property owners. In all my discussions with Zeelie, he has made it clear that litigation is always a last resort, and the success of Mjejane Game Reserve is the best outcome for all parties involved. It just has to be fair.

“I have many clients who do not share the views or approach of the HOA, but anyone who raises an objection is openly victimised into obedience. This does not change the fact that the individual property owners are bound by their representative’s actions.

“At two meetings prior to the appointment of Zeelie, I warned critical role players of the HOA that firstly the founding documents of the development are flawed. This should not be fought in court, but be resolved in a respectful manner with the community. Secondly, while the homeowners are sitting in nothing short of a palace on the river, the same people who scrub the floors of this booming development of wealth go home as beneficiaries of the trust unable to feed and school their children.

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“Unfortunately, this decision affects all property owners, those who agree with the HOA and those who do not. No property owner without the consent of the trust may enter the farm Tenbosch. The voided agreements must be renegotiated with a trust that has been historically antagonised. The individual property owners will have to contribute to the cost of the trust in this matter. Allegedly, R18m has already been spent by the HOA on legal fees against the trust, with specific focus on Zeelie, the person they ironically funded to appoint to do the precise job he is excelling in,” Van Rensburg said, and added that an appeal is an option, but may not result in the immediate suspension of the interdict.

“I would implore property owners to acquaint themselves with the facts and alternatives. Be involved in the process, as you are bound as members of the HOA.”

According to Zeelie, he is working on a potential solution for property owners, separately to the actions and conduct of the HOA.

• The constitution of the Mjejane HOA dictates that in the event of the liquidation of the association, the individual property owners (current and historic) can be held liable for debt, collectively and individually.

The HOA’s response: “This dispute is far from over”

Leon Trickett, the Mjejane Game Reserve HOA’s director, said in response to the judgment that there are numerous cases and disputes that Zeelie has raised against the HOA. “These are certainly not finally resolved. The judgment handed down relates to just one of a multitude of disputes raised by Zeelie, and in any case, the HOA strongly believe the judgment is flawed and a notice of application for leave to appeal will be submitted imminently. Therefore this judgment will be stayed until such time as the ultimate appeal(s) are fully heard.

“The HOA has made numerous attempts to find an amicable settlement with the Mjejane Trust, however, the financial and other demands of Zeelie are so unreasonable and extortionate that any settlement based on these is impossible, as it will not be approved by HOA members. Therefore, this dispute remains unresolved. Furthermore, be advised that the verification of the Mjejane Trust beneficiaries is nearing completion. This will facilitate verified beneficiaries electing their trustees and finally taking control of their land assets. The HOA remains positive that a settlement agreement will be secured with the actual landowners through their elected trustees in due course,” he said.

• Since the article appeared in the print edition of Lowvelder on March 9, there have been several developments. The HOA’s legal representatives have requested an extension for the hearing of the application for leave to appeal. Judge President Francis Legodi of the Mpumalanga Division of the High Court extended the postponement of the hearing to Thursday at 07:45 and requested written oral arguments. He only permitted 45 minutes for the HOA’s legal representatives. The reason for the postponement is believed to be due to the unavailability of the HOA’s councils.