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How land invasion ‘syndicates legitimise their criminal enterprise’
The piece of land was earmarked to build about 4,000 low-cost houses but no development ever happened.
A Red Ants member is seen removing illegal structures on a piece of land in Onderstepoort, north of Pretoria, where they evicted residents that had been occupying the land illegally, on 11 September 2018. Picture: Jacques Nelles
The portions of land sold to the Mpumalanga Economic Growth Agency (Mega) at inflated prices in dodgy land deals in 2007 have been invaded, with stands allegedly being sold for up to R100,000 each.
The portions of the farm 65 Waterval, JU, with a market value of R20 million at the time, were purchased and then sold to the agency for R85 million, netting those involved R65 million in transactions concluded over five months.
Portions two, five and four of the property in White River were purchased to build about 4,000 low-cost housing units but no development ever happened. Syndicates then seized the opportunity to sell the stands in 2019.
The syndicates’ strategy, according to attorney George Kahn, is to identify vacant piece of state or community owned land, hire graders to mark out roads and stands and then sell them to desperate people.
Once the stands have been occupied, the invaders then protest and demand services while connecting to the grid illegally.
“What we have heard is that this is not only in Mpumalanga. Syndicates go to vacant land and develop it quickly to make it difficult for anyone to intervene. This then forces the government to legitimise a criminal enterprise. But residents of Hillsview, who are supposed to be prioritised for the low-cost housing, are having none of it,” he said.
Legal wrangle
Kahn, who is representing the Hillsview residents, said the residents tried to stop the invasion but the invaders ignored court orders and security and simply continued with the land grabs.
He said the invaders approached the high court in Mpumalanga for an interdict against the residents but were unsuccessful.
“This is not only happening in Mpumalanga but is a modus operandi of these syndicates across the country. This is how illegal land invasions get to be legitimised,” Kahn lamented.
He said the November 2021 court order received by his clients remained in effect as the court deals with the merits of the applications on 24 May.
“The original applicants have now applied to join [Mega] to these proceedings,” Kahn added.
The land invasion has divided the community, with community members that stood against the land invasion receiving death threats.
“We cannot keep quite when land on which low-cost housing meant for this community is sold by greedy thugs,” resident Ntombizodwa Mkhonza said.
A resident who bought a 500m2 stand in the invaded property for R30,000 in September said she was assured that the sales were legitimate and that the land was owned by the community.
The self-employed mother of two said she realised something was wrong when officials from the municipality and Mega visited the settlement.
“Then residents of [Hillsview] started harassing us and that is when I realised something was wrong. What worries me most is that I have nothing to show that I own this stand. We are told not to worry but I am worried sick,” she said.
According to court papers, the squatters want the interim court order stopping residents from evicting them and demolishing any dwelling in the illegal settlement to be made permanent.
In his affidavit, Peter Makukule, said the applicants at the property, also known as Plot 52, lived in peace until October last year when they were illegally evicted from their property.
“The respondents’ intention was to permanently deprive [them] access to their homes on Plot 52. Whilst they were evicting them, they informed them that they were doing so because [they] are not Hillsview residents (the property adjacent to Plot 52) and as a result should not be living on the property as it belongs to members of the Hillsview community only,” he stated in his affidavit.
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