King Misuzulu kaZwelithini’s future in-laws have lost control of a valuable communal property association after the Mpumalanga High Court ordered an independent investigation into claims that millions from a successful land restitution partnership were used for personal gain.
Under scrutiny is the purchase of a R10.5-million farm in Pretoria, a R5.6-million property in Mbombela, a luxury Mercedes-Benz, and payments to various companies, individuals and a private school, among others.
The Mawewe Communal Property Association (MCPA) has long been considered one of the country’s flagship land restitution projects. After the Mawewe community reclaimed its ancestral land, the association entered a 50-50 farming joint venture with RCL Foods through Sivunosetfu, a commercial sugar cane enterprise established in 2012.
The partnership generates recurring lease rentals and dividends for the community while supplying sugar cane to RCL Foods’ mills, creating a multimillion-rand income stream intended to uplift thousands of beneficiaries.
Inkosi Khulile Nomvula Mkhatshwa, the government-recognised chieftainess of the Mawewe Traditional Community, and her mother, Evah Simangele Mkhatshwa, are among 21 respondents cited in the application. Khulile is the mother of Princess Sihle Mdluli, who is engaged to the Zulu monarch.
In a judgment delivered on June 12, acting judge Maboku Mangena ordered the registrar of communal property associations to appoint an independent forensic investigator within 90 days to examine the MCPA’s financial affairs from March 2021 to May 2026. The registrar was also ordered to immediately appoint a new interim committee to run the association, while the applicants have 120 days to
enrol in the main application.
The court also removed some of the respondents from administering the MCPA, barred them from operating its Absa bank account or entering contracts on its behalf, and froze two properties pending the outcome of the probe.
Judge Mangena was equally critical of the Department of Land Reform and Rural Development.“It appears to me that the department is not interested in resolving the disputes engulfing this association. I am, therefore, satisfied that they have proven their standing,” he said.
In March 2021, the High Court authorised an interim committee to manage the affairs of the MCPA because Covid-19 lockdown regulations prevented the elect ion of a new executive. According to the founding affidavit, that arrangement was intended to last until lockdown restrictions were lifted or the association was placed under administration. The lockdown restrictions were officially lifted in April 2022,
but no valid elective AGM was held.
Beneficiaries Henny Sambo, Daniel Mokoena, and Precious Dlamini filed the founding affidavit, which contains the allegations that prompted the court’s intervention. The applicants say they relied on Absa bank statements, deeds, office searches, CIPC records, and other documents allegedly supplied by interim committee member and whistleblower Bongani Godfrey Mkhatshwa.
Court papers allege that Inkosi Khulile Mkhatshwa acquired a property in Mbombela Extension 35, valued at R5.6-million. The affidavit also alleges that African Sunrise, whose sole director is Evah Mkhatshwa, acquired a property in Mooikloof, Pretoria, for R10.5-million. In February 2024, the same company allegedly bought a Mercedes-Benz V300d worth over R2-million.
The applicants further allege that attorneys acting for three interim committee members later demanded that more than R20-million belonging to the MCPA be transferred into their trust account.
Bank statements also reflect dozens of payments allegedly made directly to committee members The applicants also placed evidence before the court detailing transactions totalling R20-million.
Judge Mangena was scathing in rejecting the preliminary objections raised by the respondents.
Questions sent to the department were not answered.
- King Misuzulu kaZwelithini’s future in-laws lost control of a valuable communal property association.
- The Mpumalanga High Court mandated an independent investigation into the association.
- The probe targets claims that millions from a successful land restitution partnership were misused for personal gain.
- The case involves allegations of financial impropriety linked to communal land resources.
- Full details are available in the Sunday World e-edition.
In a judgment delivered on June 12, acting judge Maboku
enrol in the main application.
Judge
In March 2021, the High Court authorised an interim committee to manage the affairs of the MCPA because Covid-19 lockdown regulations prevented the elect ion of a new executive.
but no valid elective AGM was held.
Beneficiaries
Court papers allege that
Judge
Questions sent to the department were not answered.
