Feud with municipality mars Libode landscape

FURTHER PROVOCATION: Part of the Erf 90 land in Libode which has been demarcated into sites by the community of Moyeni, has triggered a nasty fight between the community and the Nyandeni Municipality Picture: Lulamile Feni
FURTHER PROVOCATION: Part of the Erf 90 land in Libode which has been demarcated into sites by the community of Moyeni, has triggered a nasty fight between the community and the Nyandeni Municipality Picture: Lulamile Feni

Land claimants in and around Libode are up in arms claiming the Nyandeni Municipality is utilising land they believe to be theirs without consulting them.

The community of the Moyeni administration area said the department of rural development and land reform should be blamed for what has happened in Libode, saying that for 12 years they have been waiting for the land to be transferred to them.

“The land claim was settled in 2006, but rural development and land affairs has yet to transfer the land to us. What we see is the municipality invading and illegally utilising this land without us being consulted,” said local traditional leader Chief Mthawelanga Ndamase.

In March, the community invaded the land and demarcated sites and the municipality took them to court over this. The matter has yet to be finalised by the Mthatha High Court.

Ndamase, a member of the municipal council and whip of traditional leaders in the councils, lashed out at both the municipality and the community for utilising the land and invading it without talking to one another.

“The action by both the municipality and the community should be condemned. But the municipality knows 100% that this land belongs to the community of Moyeni,” he said.


Speaking on behalf of the community, Samnkelo Nongauza said they were being provoked by the municipality which has built sewage ponds, created a landfill site and even donated land to the education department on which to build a hostel for the Bhekizulu High School.

“For all these we were not consulted. The municipality has undermined us a lot. They must not say we are invading, we are utilising our own land. This is our land. It is the municipality who are invaders and land-grabbers,” said Nongauza.

“After various efforts to try to talk sense to the municipal authorities, we have instead been met with objections and further provocation.”

He said the community lodged a land claim in 1998 and the settlement was made in 2006 by the department.

He said the Erf 90 claim involved 727ha of developed land, which included the whole town, as well as more 1400ha of undeveloped land outside the town.

He said in 2010 claimants were each paid R88000 for the land on which the town was built.

He said that the rest of the land was supposed to have been handed over to the community through the Community Property Association in 2012.

“Even that structure expired its five-year term in 2015, but the land has yet to be transferred to them on behalf of the community. The municipality is dealing with the land as if it’s theirs,” said Nongauza.

Municipal spokesman Viwe Ndamase said Chief Ndamase should have stopped people from invading the land.

“We cannot allow people to just go out, invade land and illegally demarcate it into sites,” said Viwe.

He said all the projects, including the sewage ponds, landfill site and the housing projects which the municipality was undertaking, had been agreed to many years before by the community.

“We agreed then , but we did not have funding and it is now that we have funding, that we are continuing with them,” said Viwe.

The spokesman said it was the youth who were objecting to the developments.

“They want to overthrow the decision taken with those who were leaders of their communities in the past,” said Viwe.

He claimed to have no knowledge of land donated by the municipality to the education department for the building of a hostel for Bhekizulu High School.

Regional land claims commissioner Zama Memele confirmed the process of transferring land took a long time.

“Indeed the process has been delayed a lot. But transferring state land to communities is a very long process.

“These parties should be working together in whatever they are doing. They should not be fighting over the land.”

He added: “We have appointed a surveyor to map out the land and establish which land the two parties are fighting over ... The surveyor will be there by Monday. We are speeding things up,” said Memele. — lulamilef@dispatch.co.za

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