KDM took land without asking me, says landowner
The family had grown sugar-cane and other cash crops there until the present and live in a house on the land.
A Groutville farmer is suing the KwaDukuza municipality for expropriating his land without telling him, he is claiming before the Durban high court.
45-year-old Bhekie Dlamini of Charlotte Dale is demanding KDM return the 3.1351 hectares of land or pay him ‘fair and just compensation’, which would be much more than the amount of R117 000 offered.
The property has been occupied since Dlamini’s great-grandfather’s time but only transferred into the family name in 2002.
The family had grown sugar-cane and other cash crops there until the present and live in a house on the land which he says is worth about R550 000.
Also read: Expropriation without compensation – what does it mean?
“Towards the end of 2013, I heard rumours in Groutville that the property had been expropriated (by KDM). I decided to make enquiries at (their) office . . . and was advised by an official that they would compensate me with the sum of R117 000 for the property,” says Dlamini in an affidavit.
He is represented by the Legal Resources Centre.
He was one of about 50 landowners who had their land expropriated to make way for the Charlotte Dale housing project.
KDM said in their answering affidavit that “no fewer than four meetings” had been held with residents to tell them of the expropriation.
Dlamini denies that he knew of or attended these meetings, nor did he see the expropriation notice published in a regional newspaper in February, 2012 and gazetted in 2013.
The Housing Act states that expropriation can only take place, among other things, if it is not possible to buy the land “on reasonable terms”, but Dlamini claims that he was never made an offer.
In its response, KDM insists that Dlamini knew about the expropriation but did not lodge a formal objection within a stated time period.
Dlamini says KDM would not supply him with the necessary documents in time and is asking the court to condone the late objection.
KDM maintains that due process was followed and that landowners will be paid fair market value. The case was postponed to February 19, 2019.
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