State intervenes in disputes among KZN land claimants over farms

KwaZulu-Natal land rights activist Mandla Shongwe said while the government land restitution programme was a noble idea as it sought to address the long unresolved land question, it was done haphazardly.

“We must face the big elephant in the room which resulted in most restituted land failing. Most beneficiaries who were handed farms had no experience.


“In most cases, the members serving in Communal Property Associations (CPAs) do not have a long-term planning. They are more preoccupied about making quick cash. There’s absolutely no interest in maintaining the business or putting in the work for that matter,” said Shongwe.

Restituted dairy farm rundown due to infighting

Shongwe served in one of the Exopo restituted dairy farms. It was run down due to infighting between members of the CPA. Exopo is under the Ubuhlebezwe local municipality.

“The land claim was both a blessing and a curse. It was just doomed from the start. People wanted to devour everything which was inherited. At some point CPA members would brandish firearms in the middle of a meeting. There were no agreements on key decisions,” he explained.

Shongwe said because of the crippling differences, the dairy farm was left to die a natural death.

The farm in question is Ponderosa, a once thriving dairy farm which is now a deserted project. Ponderosa is a 770 hectares commercial land. It was purchased by the government in 2008 at a whooping R8-million.

The Ponderosa project is only the tip of an iceberg on various land restituted farms, which are now lying fallow. The national government has already forked out R58-billion towards compensating and restoring ownership to black communities. Those who were dispossessed of their ancestral land under the draconian piece of legislation Land Act of 1913.

The same fate befell the community of Melmoth, also known as eMthonjaneni, northern KwaZulu-Natal. The community under five tribal councils combined successfully claimed 6, 800 hectares of farms.

Some beneficiaries preferred to work with white previous owners

The farms consisted of sugarcane, timber and avocados. It was among the best run and a profitable ventures in the region, with annual turnover running into millions. The properties were awarded through a court order in 2019.

Some segments of the community favoured the previous white owners to manage the farm and collect dividends. However, others wanted to break free.

“Most of us were of a view that it was a long journey fighting for our land back from the white owners. We couldn’t give it away again. It was a clear sell-out stand and a spit in the grave of our forefathers. [They] began the land fight and never saw the fruits of their struggle,” Nkanyana Dludla, a community leader explained.

Dludla and other community members inherited a timber and sugarcane plantation. It is known as Manzini Estate, under the eMakhaseneni. The estate had an annual turnover of R40-million and provided jobs to at least 500 locals.

An unrepentant Dludla said the community found themselves between a rock and a hard place. And they had to choose to work with the previous owners.

“They hounded us into the arrangement, because none of us had skills and expertise to manage a big farm. We were doomed for failure. These people ripped us off, but we had no choice,” he said.

Deals with white previous owners fraught with unfairness

According to Dludla, it was eventually agreed that the land claimants will enter into a working arrangement with the owners. This resulted into the formation of Manzini Timber and Sugar Estate. Under the partnership, former owners hold 40%. This while the land claimants have 60% held under the Emakhasaneni community trust.

The former owners also take home R100, 000 in management fees. And the same amount was paid for their equipment monthly.

The individual land claimants were also promised an annual dividend for profits made on the farm.

Khumbulani Nsele, one of the beneficiaries, explained the source of disputes. He said conflicts and hostility emerged between community members who wanted to take full control of the estate.

“Most of us thought we were being ripped off. Because government paid a fortune buying the farm from former owners. We were also paying them to manage the farm on our behalf. It was nonsense agreement,” he said.

Provincial government to step in

Other community members were also complaining of not getting their dividends.
Other tribal councils opted to work with the South African Farmers Development Association. These councils were also part of the successful land claim.

The organisation supplied the communities with capital and machinery. This gave birth to the Farming Management Services Company.

The CPAs are bodies set up to represent the interest of various communities who have successfully won their land back. There is an estimation of 1, 700 CPAs nationally, but only 7% are functional.

KwaZulu-Natal department of agriculture and rural development believes not all is lost. It has since unleashed a new programme of acquiring a state-owned farms. These are to be used as a model enterprise for mass job creation. Also for promotion of economic investment in agriculture. It also wants to save the failed restituted farms.

“When the KwaZulu-Natal Farming Enterprise was first founded, its goal was to oversee the recovery of fallow restituted land. And to operationalise it by utilising machinery, tools, and other resources. This in order to turn them into profitable ventures,” said Thembeni Madlopha-Mthethwa, MEC for agriculture and rural development.

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