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Tussle for land turns into tug-of-war


Armed guards have been employed and one entrance point established in an effort to stop further illegal occupation and construction of illegal houses on Kalkfontein 1001 LS, otherwise known as Ramathlodi Park, Mamahule or Morena Seaka View.
This followed a mob, brandishing guns, that breached the access control on site and then assaulted an unarmed guard with a hammer, burned down the guard house and stole CCTV monitors and cameras, floodlights and solar panels installed at the access control point by Blue Dot Properties recently.
Criminal cases have been opened with the police regarding the incident, and one assailant has already been arrested, with more arrests expected soon. This is according to Floyd Legodi, attorney of Gregory Mofokeng, Director of Blue Dot Properties, who confirmed that the armed guards have indeed been appointed by Blue Dot to arrest any further invaders on site and implementing strict access control in terms whereof only actual residents on site would be allowed entrance and egress.
In May 1996 the Mamahule community, with the Mothiba, Tholongwe, Mothapo and Mojapelo communities, lodged claims in terms of the Restitution of Land Rights (Restitution Act) for the restitution of five farms in Limpopo Province. The farms included Kalkfontein 1001 LS, portion 41 , owned by Blue Dot.
A settlement agreement was drafted in accordance with the provisions of Section 42D of the Restitution Act but never signed as the beneficiaries in the claimants’ verification list’s names were contested. That dispute remains unresolved before the Land Claims Court.
People started to occupy the land unlawfully and built structures following a group that is fraudulently selling sites on the farm on the false representation that they own the farm following their successful land claim.
The claim, according to Avhashoni Magada, Department of Rural Development Spokesperson in Limpopo, is still outstanding and awaiting a court date. An existing High Court Order, obtained on 15 July 2015, declared the occupiers as unlawful and authorised their eviction and the demolition of their structures, as well as a Constitutional Court order declaring the occupation unlawful in 2017.
Luxurious double storey houses and other houses under construction, fenced yards and empty stands are found on Kalkfontein 1001 LS. According to estimations there are about ±200 stands, bought by professional people, government officials and business people, at R120 000 per stand from a fraudulent seller who claimed the land was his following a successful land claim, even though the Department of Rural Development, as recently as last year April put it on record that the so-called Mamahule village and the selling of pieces of land as stands is fraudulent and illegal.
“The farm Kalkfontein 1001 LS known as Mamahule was not allocated to any individual to sell and as a result there is no approval from the municipality for the establishment of such a settlement. Any building of houses is unlawful and poses a big risk for loss of property to all affected people. We (Blue Dot) currently have an application pending before the High Court in Polokwane,” Legodi said, but the offending group, launched the same application, on an urgent basis against Blue Dot, on 22 May 2020, on the ill-fated basis that Blue Dot unlawfully deprived them of possession of the farm – this when they are in contravention of the existing High Court Order in terms of which the occupiers were to vacate the site, failing which their eviction and the demolition of their structures were authorised, he added.
He said the opposing claim is that Blue Dot is not the lawful owner of the farm in question, but said that they have a deed with the registration showing that the property was acquired in 2010 for just over R14 million. Blue Dot informed the residents by way of written notices, on three occasions of the unlawfulness of their occupation and the High Court order and that they have bought land from a criminal syndicate for financial gain. The farm is still zoned as an agricultural holding and has never been rezoned, Legodi said.
“There are no approved building plans in place for all erected structures.
“The company will not be evicting residents yet, but in due course will afford them an opportunity to regularise their otherwise unlawful and illegal occupation, by complying with the company’s financial demands. Unscrupulous sellers of stands at Mamahule/farm Kalkfontein 1001 LS have already made more than R3,9 million.

Story: Nelie Erasmus
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