Parliament has launched an investigation into a dispute between Eskom and Mpumalanga land claimants after the power utility reportedly proposed a once-off payment of R108 966 for the indefinite use of their land for a 400kV power line servitude, an offer the community rejected in favour of R36-million.
The complaint was lodged by the Mawulu Communal Property Association (CPA), which represents beneficiaries of a 2006 land restitution claim, to Parliament’s portfolio committee on land reform and rural development.
Lwazi Ben, the committee secretary, confirmed that the committee had received the complaint and had started an investigation.
“We have already referred this complaint to the relevant department so that they can give us the status [on the dispute] and report back to us,” Ben told Sunday World this week.
He stated that the process necessitates Parliament hearing both perspectives to establish what happened. Ben added that he would this week be sending follow-up emails to get a report back on the enquiry he sent to the office of the director-general and the rural development and land reform minister on March 11.
“We understand that people are frustrated, so they write to Parliament in hope that their matter will be quickly resolved,” said Ben, pleading for patience with the process.
The dispute was sparked by Eskom’s Marathon Gumeni 400kV transmission line, which runs across the CPA’s land. The legal mechanism employed to allow this kind of infrastructure is called a servitude, which is a special right recorded on the land that lets another party, like a utility company, use a specific part of that land for a certain purpose.
Once granted, the servitude restricts the land’s use while enabling Eskom to operate and maintain power lines over a defined corridor. Although ownership remains with the landholder, the servitude places permanent limitations on the use of that portion of land, often in exchange for a once-off payment.
According to the CPA, Eskom’s offer of R108 966 was presented as a full and final settlement meant to cover the impact of the power line on the land for generations to come.
“A resolution was taken… that we did not accept that offer, as it was an insult to the beneficiaries and unacceptable,” said CPA chairperson Sinky Mnisi in a submission to Parliament.
Instead, the community tabled a counter-demand of R36-million, arguing that the scale of the land affected and the permanence of the restriction required a valuation that reflects both present and future economic value.
In a letter addressed to Eskom CEO Dan Marokane, the CPA details its frustrations and prior engagements with the power utility. A process it says was marked by delays, shifting positions, and disputes over the validity of documentation.
The community says it provided official documentation confirming the legitimacy of its leadership as per the requirements of the Department of Cooperative Governance and Traditional Affairs. However, it alleges that engagements were repeatedly postponed or altered, including a scheduled meeting that was cancelled on the day after members had travelled from different parts of the country.
It further claims that requests for the valuation used to justify the R108 966 offer were not adequately met, and that at one point an evaluation relating to a different farm was shared instead of one conducted on its land. The CPA says this approach was rejected and that it has since been informed that a new valuation may be undertaken, although it maintains that the process has been inconsistent and lacking
formal communication.
“These are some of the issues we’ve raised with every stakeholder, hence, we decided to take the Parliament route. We hope that these representatives will use their lawmaking powers to ensure that such shenanigans don’t happen,” Mnisi said.
With Parliament now seized with the matter, the portfolio committee is expected to assess the complaint and determine whom to hold accountable.
Eskom told Sunday World that a broader compliance review is now revisiting earlier offers as part of the ongoing valuation process.
“The National Transmission Company of South Africa confirms that the property valuation process is ongoing. While earlier offers were made, the acquisition procedures are being reassessed to ensure compliance with due process,” the power utility said.
The power utility said it has since moved to re-establish formal engagement with what it describes as the legitimate CPA leadership, following confirmation from relevant authorities.
“To support this process, a land valuer has been appointed to assess the servitude… after which negotiations will proceed.”
Land Reform and Rural Development department spokesperson Linda Page did not respond to our media questions.
