Govt unit faces eviction from farm
NKHABA – Dwellers at Mbondzela built their houses in a private farm and its owner does not want to live with them.
He, however, failed to get a court order to force the dwellers to get them out of the farm as other property owners like Tom Kirk had previously done.
As a result, he was arrested and charged with criminal offence after allegedly ordering the demolitions of houses for the farm dwellers.
This newspaper can reveal that citizens are not the only ones in this predicament.
A well established unit under the Ministry of Economic Planning and Development thought it was undertaking a E3.2 million project on Eswatini Nation Land, only to discover through court summons that works were taking place on a private farm.
According to documents, the project was meant to assist 480 homesteads with clean water. A study confirmed that 4 800 people were to benefit from this project.
Water was to be connected to each household
This was phase one of the Bambanani Mbamba Water Project.
The Microprojects Unit under the Ministry of Economic Planning and Development invited companies to tender for the project and a contractor was identified. It was already on site when a court order was issued, directing the government unit to discontinue with the project on the private farm.
COMPLETION
It must be said that the project entailed building a one-kilometre water pipeline, but it would be 25km long upon completion. The contractor had already constructed a foundation for what looked like concrete settings for tanks. It has also been established that the project involved the construction of treatment plant and reservoir.
Communities that were to benefit were those from kaNcesi, Eluvinjelweni, Nkhaba and Maphalaleni.
Two schools were also to benefit from it. They are Emachegwini Primary School and Enhlitinyweni High School.
Sibusiso Mbingo, the Director of Microprojects Unit, said they were evicted at site establishment stage. He said they got the land formally from the authorities of Nkhaba.
One senior member of the Nkhaba chiefdom did not want to expand on the issue as it was handled by the court, but mentioned that they did not know that the farm covered the area where the project was undertaken.
Some people interviewed urged Microprojects Unit or government to negotiate with the farm owner in purchasing the portion of the farm where the project was taking place.
SCHEME
They said government should buy ‘that portion’ and also make sure the farm owner benefitted from the water project. That was said by some of the teachers whose schools were to benefit from the water scheme.
The Times of Eswatini reported last month that the High Court evicted Microprojects from the title deed land that was allocated to the unit by the Nkhaba Royal Kraal for the water project. The land is a farm and belongs to Thabsile Queeneth Magagula.
The eviction order was issued by Judge Ticheme Dlamini.
The respondents did not oppose the application.
The application to evict Microprojects from Certain Portion 41(a portion 14) Farm 1214, measuring 9.2 hectares, under Title Deed of Transfer No.494/2007 dated June 22, 2007 and registered July 2, 2007, was moved by Magagula.
Magagula, who was represented by Mlindi Mthethwa of Ben J Simelane and Associates, was also granted an order interdicting and restraining
Microprojects, and anyone acting at its behest, from continuing with any construction works carried out by the unit. The farm owner also prayed that the court should interdict Microprojects and anyone acting at its behest, from entering the construction site of the farm.
URGENCY
In her application, which was filed with a certificate of urgency, she described herself as the owner of the farm. She informed the court that when she purchased the farm, it was vacant. She submitted that it was only on April 23, 2024, when she visited the farm and discovered that Microprojects had started a water project construction on part of the land.
“I engaged the workers and those facilitating the project, but they told me that they were allocated the land by the Nkhaba Umphakatsi despite my title deed over that land,” she stated in court papers.
“It is my humble submission that this is my title deed land and do state that there is a bond over the said property, which I, the owner, is still serving with the bank over the property in question.”
She attached the bank statement reflecting the monies she paid the bank on a monthly basis.
Prior to this application, on a similar issue, she stated that one Maghawe Shabangu also occupied the farm, stating that his occupancy was through kukhonta.
The matter was taken to the Hhohho Farm Dwellers Tribunal. Magagula submitted that in the ruling of the tribunal, the Nkhaba Umphakatsi agreed that they were the ones who allocated Shabangu the land for the establishment of his home.
According to Magagula, the umphakatsi stated that it was not aware that it was allocating him on a title deed land.
“It is humbly submitted that on that tribunal ruling dated March 10, 2022, I was found the rightful owner of the land.
“I further submit that despite the tribunal ruling in my favour, without any appeal known to me, the umphakatsi still continues to allocate my land to people,” the farm owner said.
She averred that she bought the farm on her own; without any help from Microprojects and the Nkhaba Royal Kraal.
“It is very wrong for the first respondent to infringe on my rights and enjoyment of my property, “she complained before the court.
TRIBUNAL
When the tribunal heard the matter, Shabangu is said to have been informed that this was a title deed land and there was a bond over the said property, which the owner was still servicing with the bank. He was directed to vacate. He is said to have told Magagala that he would rather die than leave all his investment on the property. Magagula then requested assistance from the region which, thereafter, facilitated a meeting between all the affected parties, including the Nkhaba Umphakatsi.
The people who were to benefit from the project thanked Microprojects for not opposing the application as such humility might touch the heart of the farm owner to open up for negotiations. They insisted that government should offer a good price to Magagula, the farm owner, whether she agrees or not, it is important to talk to her politely.