YOUTH BURNS TLB AFTER 5 HOMESTEADS DEMOLISHED

SITEKI – A group of close to 100 youth members of KaMbhoke community under Kubuta Inkhundla yesterday torched a Bell tractor loader backhoe (TLB) worth over E1 million, after five homesteads built on a farm at Mooihoek were demolished, allegedly by the farm owner.

According to KaMbhoke Umphakatsi Indvuna Day Dlamini, about eight homesteads were built on the farm whose ownership was allegedly marred by controversies as about three different groups of people came in various years, claiming the farm ownership and instructing the farm dwellers to vacate it. Chief Roads Engineer Vincent Dlamini said TLB brands like Caterpillars and Bells cost not less than E1 million in the market. According to Lawyer Celiwe Dlamini, who was representing the owner of the farm, Juliet Litchfield, they went to the place to execute an eviction order only to be confronted by a mob that chased away the driver of the TLB and police until they reached a dead end of the road. The lawyer said some of the youth members came from the affected homesteads while others came on board two vans.

Escape

Celiwe said the police managed to escape. This was when some of the youth burnt the TLB. Giving a brief background of the matter, she said the home owners were told to vacate the farm in 2012 but they were not being cooperative until a court order was issued in 2019. “About five homes had been demolished at the time when the mob attacked the driver of the TLB and police. We will continue executing the order because the families were aware of the eviction that it will eventually take place,” she said. The indvuna said the situation was regrettable due to the fact that some of the homesteads had been on the farm for almost 100 years after the owners left it. The indvuna had said the issue of the purported ownership of the farm was old as there were three people who claimed its ownership and came with documentation supporting their assertions. He said according to his understanding, there were eight homesteads which were built on the farm and he was informed that five of these were demolished yesterday after the lawyer, in the company of the police, came armed with an eviction order and informed the home owners that they had come to execute the order.

Mobilise

“They came with a TLB and the lawyer was armed with the court order. Some of the youth members went to mobilise others from an area called New Haven and they came aboard two vans and found the driver of the TLB busy demolishing the houses,” said the indvuna. Indvuna Day said according to information he obtained from one of the home owners, the driver of the TLB tried to run away but he failed to outsmart the angry youth and left the TLB. He said the youth went on to set it alight and it was on that premise that police officers called for back-up. As such, more police officers arrived in about six vans, resulting in the youth members running helter-skelter and some hid in the KaMbhokane mountains. The indvuna said there was an instance whereby the rightful owners tried to sell the farm to the community 40 years ago but they failed to raise the required funds. “The ownership of the farm is a conflicted one because I made my own investigations and ascertained that the farm does not belong to anyone,” he claimed. The indvuna further urged government to intervene in the matter and assist the affected families with shelter and food.

Kubuta Inkhundla Indvuna Vusi Vilakati said he would be meeting the affected families this morning to give moral support and ascertain the extent of the damage. “I was told that the owners of the farm came with an eviction order and the TLB to demolish the homesteads built on the farm. It is a sad scenario considering that the affected families have been residing on this farm for a long time,” Vilakati said. Kubuta Inkhundla Member of Parliament (MP) Derrick Masuku said he was yet to assess the damage caused during the demolition.

Farm

The MP said even though he did not have much details about the incident; he suspected that there were new owners who had bought the farm. Masuku further urged the business community to assist with humanitarian aid to the affected families. “I will be going to meet the families as they might need shelter and food. It is unfortunate that the incident happened when I am away,” he said. Chief Police Information and Communications Officer Superitendent Phindile Vilakati confirmed the matter. Vilakati said there was a report of a burnt TLB and police were still investigation the circumstances leading to the incident. Human Rights Lawyer, Sipho Gumede said he was representing two of the affected families in this matter.
Gumede said one family withdrew from utilising his services but the matter was still in court. The lawyer said he advised the home owners to defend the demolition after the matter was brought into the fore, but some were reluctant, claiming that such could not happen as they had been residents on the farm for almost 100 years. He said he told them that the matter needed the attention of a judge to decide on its merits.

Conflicted

“It is unfortunate that I am conflicted in this matter because I have a client after another opted to withdraw. I have made my analysis on how feasible that someone can come back 100 years later and claim ownership of the farm,” he said. Chairman of the Human Rights and Integrity Commission Sabelo Masuku said it was unfortunate that the matter had not yet been brought to the commission. The chairman said human rights defenders usually, in such cases, looked at how the affected parties should be compensated, considering a number of factors.
Making an example of a similar scenario, Masuku said the commission made recommendations to government that there was a need for the improvement on the policies on farm dwellers on how they should be compensated and allocated land when such incidents took place. “I cannot expand much in this case because I am not aware of the circumstances,” he said.
Meanwhile, last year in February, the High Court granted the Eswatini National Provident Fund (ENPF) an order to demolish new structures that were constructed on Farm 319 at Madonsa in alleged defiance of a previous court order.

According to a letter from the ENPF’s lawyers from Robinson Bertram, addressed to the affected residents, they were accused of illegally occupying the farm in defiance of the ruling by the Farm Dwellers Tribunal and the High Court of Eswatini. The residents were expected to vacate the farm by March 5, 2021.

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