The leadership squabble over the Zimbane land claim is again rearing its head, and if not dealt with immediately could once more frustrate growth and development in Mthatha.
On November 4 the Land Claims Court ruled the legitimate committee presiding over the claim was the Zimbane Land Claims Committee, led by Ntandazo Mda.
This after Mda and 13 others left the Communal Property Association led by Oscar Mnqotho in 2014, and took the matter to court.
However, Mnqotho claims his committee is the legitimate body.
The Zimbane and KwaLindile communities are jointly claiming almost the entire central district of Mthatha, and most of its suburbs and townships.
But progress has been hamstrung by the chopping and changing of those leading the claim.
The court, in its November 4 judgment, declared Mda’s committee “to be the only valid and proper entity entitled to deal with the Zimbane land claim”.
The Eastern Cape regional land claims commissioner, Zukile Pityi and Land Restitution Support’s chief director were ordered by the court to deal exclusively with the Mda committee regarding the Zimbane land claim.
The court further “nullified the purported disbandment of (the Mda committee) declaring it as improper, unlawful, irregular”.
“The purported Communal Property Association (led by Mnqotho) to which (Mnqotho’s committee) are purported to have been elected as members, is hereby declared to be non-existent.” said Judge S Yacoob.
But Mnqotho told the Dispatch his committee was legitimate and Mda was the imposter. “Following the November 4 court ruling, Zimbane community claimants specifically met on November 11 and re-elected and gave us a fresh mandate. So now the court order does not affect us and our election is not in contempt of court. The structure I am now leading is not CPA but a land claim committee,” said Mnqotho.
The Land Claims Court had also ruled that the land claims commissioner furnish the list of the proper land claimants to Mda’s committee, Zimbane’s Chief Nosizwe Maxhwele, and the state attorney in Mthatha.
“After the finalisation of the verification process, the shall call a meeting of all verified claimants for purposes of deciding whether or not the (Mda-led committee) shall continue as representing the claimant community,” said the judge.
Mda said Mnqotho and his committee’s actions were in contempt of court. “They think they are above the court. The court’s order is explicit on who is the legitimate committee here – and it is us. If they want to challenge that, they must approach the court, not the media,” said Mda
Mda said they were hard at working finalising the list of the proper land claimants.
Mnqotho appealed for the intervention of all affected stakeholders, including King Sabata Dalindyebo municipality, the Eastern Cape regional land claims commissioner and his national counterpart, and Rural Development and Land Reform Minister Gugile Nkwinti in the impasse.
“Mnqotho must stop confusing claimants; instead he must abide by the court order and let progress prevail and development flourish in Mthatha,” said Zimbane’s Chief Maxhwele.
“The Mda-led committee, whose legitimacy was confirmed by court is fast-tracking the claim and is also, on the mandate of claimants, spearheading economic development negotiations with the municipality and developers.” — lulamilef@dispatch.co.za
New battle over huge land claim in Mthatha
On November 4 the Land Claims Court ruled the legitimate committee presiding over the claim was the Zimbane Land Claims Committee, led by Ntandazo Mda.
This after Mda and 13 others left the Communal Property Association led by Oscar Mnqotho in 2014, and took the matter to court.
However, Mnqotho claims his committee is the legitimate body.
The Zimbane and KwaLindile communities are jointly claiming almost the entire central district of Mthatha, and most of its suburbs and townships.
But progress has been hamstrung by the chopping and changing of those leading the claim.
The court, in its November 4 judgment, declared Mda’s committee “to be the only valid and proper entity entitled to deal with the Zimbane land claim”.
The Eastern Cape regional land claims commissioner, Zukile Pityi and Land Restitution Support’s chief director were ordered by the court to deal exclusively with the Mda committee regarding the Zimbane land claim.
The court further “nullified the purported disbandment of (the Mda committee) declaring it as improper, unlawful, irregular”.
“The purported Communal Property Association (led by Mnqotho) to which (Mnqotho’s committee) are purported to have been elected as members, is hereby declared to be non-existent.” said Judge S Yacoob.
But Mnqotho told the Dispatch his committee was legitimate and Mda was the imposter. “Following the November 4 court ruling, Zimbane community claimants specifically met on November 11 and re-elected and gave us a fresh mandate. So now the court order does not affect us and our election is not in contempt of court. The structure I am now leading is not CPA but a land claim committee,” said Mnqotho.
The Land Claims Court had also ruled that the land claims commissioner furnish the list of the proper land claimants to Mda’s committee, Zimbane’s Chief Nosizwe Maxhwele, and the state attorney in Mthatha.
“After the finalisation of the verification process, the shall call a meeting of all verified claimants for purposes of deciding whether or not the (Mda-led committee) shall continue as representing the claimant community,” said the judge.
Mda said Mnqotho and his committee’s actions were in contempt of court. “They think they are above the court. The court’s order is explicit on who is the legitimate committee here – and it is us. If they want to challenge that, they must approach the court, not the media,” said Mda
Mda said they were hard at working finalising the list of the proper land claimants.
Mnqotho appealed for the intervention of all affected stakeholders, including King Sabata Dalindyebo municipality, the Eastern Cape regional land claims commissioner and his national counterpart, and Rural Development and Land Reform Minister Gugile Nkwinti in the impasse.
“Mnqotho must stop confusing claimants; instead he must abide by the court order and let progress prevail and development flourish in Mthatha,” said Zimbane’s Chief Maxhwele.
“The Mda-led committee, whose legitimacy was confirmed by court is fast-tracking the claim and is also, on the mandate of claimants, spearheading economic development negotiations with the municipality and developers.” — lulamilef@dispatch.co.za
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos