Court rules on PMB land invasion
2011-11-21 19:47
Pietermaritzburg - KwaZulu-Natal High Court in Pietermaritzburg High Court Judge David Ntshangase on Monday ruled as final an interim order preventing alleged land invaders from trespassing on a farmer's land.
On October 31, Judge Ron McLaren granted an application by Pietermaritzburg land owner, agronomist Rusty Roodt, that interdicted trespassers from access to his land.
McLaren had ordered that defendant Philani Bha Ndlovu, who appeared for himself, should file an affidavit opposing Roodt's application by November 11.
Ndlovu told the court on Monday he had been unable to get legal advice, failed to file the necessary documents and he asked for the matter to be postponed.
Roodt's attorney, Deon Schaup, objected on the grounds that Ndlovu had failed to prepare an affidavit.
Ntshangase then ruled that the interim order be made final.
Roodt told the court he saw about 20 people demarcating plots on his land on October 29. He went to the Hilton police station but the police would not act in the absence of a title deed to his land.
As it was the weekend, he was unable to obtain a copy of the title deed.
The next day, a Sunday, a bulldozer was levelling plots which had been demarcated by the alleged invaders the previous day.
Roodt phoned Ndlovu who arrived and told him that he was entitled to sell land as it belonged to the Ngonyama Trust and therefore the Zulu nation.
Roodt said: "Ndlovu and those who believe they may simply grab another's land and that the land was previously part of Chief Zondi's land are mistaken."
Roodt envisions a 640 subdivision multi-million rand development for the land.
- SAPA
