The court granted the family 60 days to relocate to alternative accommodation built by Mafube.
Mafube coal mine finally got an eviction order to forcefully relocate a Mpumalanga family to make way for mining activities.
The fight for the land between Mafube and the Buta family started about eight years ago when the mine bought the farm.
But the family and a few others refused to relocate because they were not happy with the compensation.
Court grants eviction order
The Land Court of South Africa has now issued the eviction order, giving the family 60 calendar days to vacate the homestead.
Acting Judge Tanya Brenner said after having read the papers and heard counsel for the applicant, she decided to issue orders, including that the Buta family must be evicted from their homestead on the farm, known as the remaining extent of portion 4 of Farm Nooitgedacht 417 JS, Nkangala district municipality, Mpumalanga.
“The Buta family is directed to vacate its homestead within 60 calendar days from the date of service of this order and relocate to the alternative accommodation situated at Sikhululiwe Village, built by the applicant for the Buta family.
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“Alternatively, they are directed to vacate their homestead and relocate to any other alternative accommodation of their choice,” Brenner ruled.
Police authorised to enforce order
Should the family fail to vacate the homestead within the prescribed period, the sheriff or any other service provider of the same calibre, “is hereby authorised to carry out the eviction and secure the assistance of the police”.
Mafube has been directed to facilitate the relocation and to cover reasonable expenses.
The family has been instructed to demolish the structures and harvest any standing crop.
Family challenges legality of process
Rose Buta said the order was issued without following proper procedure, as they were not called to court to give their side of the story.
“We were initially told the hearing would be held in Randburg, but when we arrived there, they told us the matter would be held online. We waited in vain for the link to access the proceedings. We will instruct our lawyers to challenge the eviction order.”
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