King Dalindyebo vows to shut down WSU, take back the land

One of the most powerful kings in former Transkei, AbaThembu King Buyelekhaya Dalindyebo, is accused of sending violent “rogues and vagabonds” to wage war against Walter Sisulu University (WSU).

The king’s hired men have already forcefully removed university staff, their academic material and furniture from the complex.

WSU’s advocate Apla Bodlani warned in the Mthatha High Court on Thursday that people could soon die.

In an urgent application, Bodlani stated that Dalindyebo had vowed to take back most of the university’s Mthatha property and force the university to shut down.

At the centre of the vicious property battle is the Nkululekweni ministerial complex in Mthatha.

Google maps show that the complex comprises 15 distinct sets of buildings in a large circle of land across the N2 from the WSU campus and not far from the bustling Ultra City.

The king and his adviser and spokesperson, Prince Babalo Papu, have surrounded themselves with men from security firm Calculama and rounded on WSU lecturers and staff.

The king and his men emptied one of the WSU buildings, removing all the furnishings and academic materials before changing the locks, Bodlani told the court.

Bodlani stated that “the king has turned Nkululekweni into a war zone”.

WSU’s security guards resisted the king’s incursions. Shots were fired but no injuries were reported.

“A shooting ... is imminent,” warned Bodlani.

The king had been so warlike that he ordered the university to physically “surrender”, Bodlani said.

WSU’s Centre for Rural Development has been occupied by the king and his forces and WSU staff chased away. The king is now in control of the centre’s two floors, housing 10 offices and a basement.

In an interim interdict, judge T Mnguni ordered the king and his party to:

• Stop “threatening violence and intimidating and inducing [WSU’s] employees to vacate the properties”; and 
• The king, Papu and their security company Calculama must immediately return the buildings to WSU’s Centre for Rural Development”.

In a letter to WSU vice-chancellor Rushiella Songca on February 16, the king “requested” the release of houses 6 and 13, and the presidential palace to “accommodate the administrative needs and developmental programmes of the kingdom”.Saying he was acting “in my capacity as soul claimant and legitimate landlord of Enkululekweni new ministerial complex”, he wanted these premises for “urgent needs of the kingdom by the end of February”.He demanded to see their leases but said WSU could sell him office machinery and training equipment he had “noticed” in the palace. This would “erase the load of shifting stuff around”.

WSU leases at least three of the buildings from the provincial government. Each is a complex in its own right and most are double-storey. They are at the centre of the property brawl.

In court papers, WSU dropped the bombshell statement that the king’s ambitions were far greater — he had  threatened to seize all the university’s properties in Mthatha — including the main Nelson Mandela Drive and Zamukulunga campuses, and also staff residencies in Fort Gale.

WSU’s lawyers argued that in driving out academics, the king wanted to bring the university to its knees and force it to close.

WSU said they felt forced to approach the courts after efforts at dialogue with the king were met with insults and threats of violence.

It appeared that tensions had been rising over the last 10 days, with the king and his private guards chasing staff away, occupying buildings and threatening violence against anyone who dared to challenge his actions.

Bodlani told the court they needed urgent relief. The king had started to change locks and station his security men outside the property.

WSU cited as respondents Dalindyebo, Papu and Calculama Private Investigators CC.

Court papers reveal that three complexes used by WSU in Nkululekweni are also under threat.

Dalindyebo and the other respondents were ordered to pay the costs of the application.

Dalindyebo was given until April 13 to show cause why the interim order should not be made final.

Bodlani in his submission said a meeting between WSU and Dalindyebo on February 22 had failed when Dalindyebo announced his intention to take over all the buildings occupied by WSU in Nkululekweni and to boot out staff living in the complex.

Bodlani said the king had stated he would “escalate his mission to take over the university premises and campuses [including the Nelson Mandela Drive and the Zamukulungisa campuses] and thereafter take over Fort Gale. [He] has threatened to arrange for rogues and vagabonds to disrupt the university from engaging in its normal processes as a university, unless it yields to his wishes.”

The king demanded to “take over all the properties and buildings that are currently occupied by the university at Nkululekweni. Unfortunately, the university is in no position to accede to his demand,'' said Bodlani

Bodlani said the situation in Nkululekweni was volatile and warned that there could be a loss of life.

“There are two armed rival security personnel deployed by opposing groups. A shooting between the two rival groups to the detriment of and potential personal injury not only to the members of the security forces involved, but also to the civilian community that reside in the greater part of Nkululekweni, is imminent,'' said Bodlani.

“Dalindyebo and Papu allegedly called for WSU to surrender the properties in Nkululekweni. [Dalindyebo] indicated the properties belonged to him. He is the owner and wants the university out of those properties soonest,'' said Bodlani.

He said that on February 18 Dalindyebo, Papu, and Calculama guards had opened WSU properties in Nkululekweni and removed the university’s movable property and changed locks while verbal notices of eviction to WSU employees were issued.

''Those not heeding were threatened with violence,'' said Bodlani.

WSU leased the properties from King Sabata Dalindyebo municipality for five years. On February 16 Dalindyebo wrote to vice-chancellor Rushiella Songce demanding to see the lease agreement between WSU and KSD municipality.

Public works spokesperson Vuyokazi Mbanjwa confirmed late on Friday that “the Nkululekweni ministerial complex was transferred by the provincial government to the King Sabata Dalindyebo local municipality”.

KSD municipal spokesperson Sonwabo Mampoza refused to comment, saying the matter was in court and KSD was not listed as a respondent.

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