Crocworld safe as court finds South Coast farm land claimants were not dispossessed
The Elambini Community had claimed that, prior to the arrival of white men, their forefathers had exclusive rights to the land which was granted by a chief.
CLAIMS of being ‘chased off of the land by white men’ in a relentless court battle over the rightful ownership of land, much of which belongs to Crookes Brothers Limited, were deemed highly improbable during a recent court ruling by Land Claims Court, Acting Judge President, Yasmin Meer.
Included in the land – of which total hectarage measures 1380ha – was Crocworld, the well-known crocodile farm in Scottburgh.
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Much of the funding to support the claimants came from the pockets of the tax payer, but the Elambini Community, who initiated the claim will now also be made to carry some of the legal costs.
Some 30 sugarcane farms were under dispute, which have, according to testimony, been successfully operating in some cases prior to 1913 while it had been claimed that the ‘rightful’ owners of the land were dispossessed of the land somewhere between 1914 and 1940.
Defending the claim, the Crookes family highlighted that the land was already established as a sugarcane farm by 1913, which is the earliest legislated cut-off date for claims.
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The Elambini Community had claimed that, prior to the arrival of white men, their forefathers had exclusive rights to the land which was granted by a chief.
Judge Meer, along with two assessors had visited the land in question where claimants were requested to indicate where their forefathers had lived – some had pointed out grounds which were not within the parameters of the ground in question while others could not pinpoint where their forefathers had resided.
Speaking with regard to evidence, it was highlighted that no credible evidence had been presented supporting the claim of dispossession – even a report from the claimants’ own expert – undisclosed for more than two years – had not supported the claim.
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