Since 2009, the three interim trustees of the Mjejane Trust, Messrs Simeon Ngomane (attorney) Meshack Silinda (attorney) and Lazarus Zitha (community member) have spent R74 million of the trust’s money without a cent going to the beneficiaries and without any accounting.
The Mjejane Trust is a land restitution trust, set up for the members of the Lugedlane community who were forcibly removed from their land at Tenbosch in 1954. Since the trust was established in 1996 at a cost of about R400 million. The beneficiaries have not seen any benefit.
The trustees have also been running a lucrative business “selling” trust land at Hectorspruit and at Malelane, by allocating stands to land invaders at R20 000 per plot.
Very large sums of money were taken as fees by Mr Simeon Ngomane who has acted as the attorney for the trust, spending millions to oppose legal proceedings brought to hold the trustees to account.
In no small part the trustees have been aided and abetted by commercial tenants who have bankrolled the trustees well aware that the moneys were being misappropriated. Making loans to the trust against future rental obligations became commonplace.
Two years ago a commercial tenant loaned the trust R5 million all of which was withdrawn by the trustees in cash. With interest that debt now stands at R10 million.
Despite numerous requests that he do so the Master has consistently failed to act against the trustees.
The trustees never paid any taxes or VAT on the trust income, nor did they produce annual financial reports or maintain any proper books of account.
Some years ago the trustees appointed Mr Silinda’s brother to conduct a beneficiary verification at a cost of R2 million to the trust. Needless to say the process and the outcome was deeply flawed.
Great properties going now on Impala Farm. Fabulous views, close to Malelane, at the intersection of the N4 and the Jeppe’s Reef road. No title, it’s illegal but the prospects of you being evicted are trivial. Eskom and the municipality will be along shortly to supply services.
Here you are. The pin marks the spot. Call Lazarus Zitha. Cash offers only.
There are few better properties available for invasion now. R20 000 secures you a prime spot on restituted land.
Most of these prime properties at Hectorspruit / Mjejane are already invaded, but stands are available at the back. Thanks to the fact that the mayor and other local luminaries are well established, there is no risk of eviction. Don’t miss out on this once in a lifetime bargain.
Look at the quality of these properties. Save that they are situated on Mjejane Trust land and sold illegally without the agreement and without benefit to the beneficiaries, they are gorgeous. Right across the Mjejane Private Nature Reserve with open borders to the KNP. Buy now.

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More from @Richard_Spoor

27 Sep
Spent an interesting day at a land reform project near Lydenburg. The farm was acquired 10 years ago at a cost of R20 million, half of which was loaned from the land bank. About 1800 ha arable land of which about 285 ha is under irrigation.
The project got off to a bad start as the purchase price did not include the farming equipment or livestock. Even the dairy equipment, including the milking sheds, and other buildings were removed.
What’s interesting is that despite the setbacks and some internal instability it’s working. The trust is farming itself, it employs a farm manager, the dairy is running again, they have a dairy herd and are growing grain crops including wheat under centre pivots.
Read 8 tweets
15 Sep
One of the reasons for the violence around mining is insecure tenure for people living in the former bantustans. Despite decades of promises there has been no substantive reform. What little has been achieved has been achieved through the courts. dailymaverick.co.za/article/2020-0…
The Courts have spelled out the rights of communal land owning communities and processes that should be followed in the alienation of communal land. This has resulted in some key victories for well organised communities, but elsewhere the impact has been small.
Local chiefs and headmen, and in the case of KZN the Ngonyama Trust, still enjoy unconstrained power of over land paying scant regard to the guidance provided by the courts. Absent a strong and organised community they are free to allocate community land to cronies as they will.
Read 6 tweets
14 Sep
Fantastic court victory for our Xolobeni clients. The N.Gauteng High Court has ruled that the owners and occupiers of land in respect of which a mining rights application is filed are entitled to be furnished with a copy of the application as of right.
To date the only way to see the application was through a complex and lengthy PAIA request and even then in most cases it is still not provided. Now owners and occupiers are allowed to demand it and it must be furnished to them.
This is going to make it much easier to oppose mining rights, prospecting and mining permit applications, because you can now see the full details of who is applying and what they propose to do.
Read 4 tweets
11 Sep
A very belated apology to George Bizos. George was our counsel in a joint inquest enquiry into the deaths of 45 miners in a coal dust explosion at Sasol’s Middelbult mine in the Secunda Regional Court. This was in the early 90’s on a hot midsummer afternoon.
It was day two of George’s cross examination of the mine manager. George was a lethal cross examiner, slow and methodical, he took nothing for granted. His questions were always short and simple. He was endlessly patient as he drilled down layer by layer for the truth.
The questioning had been going on for hours. I was seated just behind George who was standing at the bar, leaning on the lectern. His imposing bulk shielded me from the sight of the presiding magistrate and the assessors. I began to nod off in the stifling heat.
Read 5 tweets
23 Aug
Former Minister for Welfare and Population, Geraldine Fraser-Moleketi is taking over as Chairperson of Tiger Brands. Doubtless @GJFras will move quickly to persuade Tiger to settle the claims of the families of the 1000+ people killed and injured by the company’s callous neglect.
That’s nearly 200 mothers who lost their newborn children, another 200 pregnant women who lost the babies they were carrying and dozens more adults and children who were terribly maimed by listeriosis.
That Tiger was responsible for the listeriosis outbreak is a matter of scientific fact as is confirmed in this peer reviewed article published in the New England Journal of Medicine.

nejm.org/doi/full/10.10…
Read 7 tweets
18 Aug
Today I am appearing in the High Court for a communal property association to obtain an interdict against members who are invading CPA land.
A land claim was lodged over some 20 farms in 1998. Only one farm was restored to the CPA, it is leased to a commercial farmer.
The rental just about covers the administrative costs of the CPA so the 400 plus members derive no benefit at all. This leads to disgruntlement and incessant attacks on the CPA leadership and instability.
The latest strategy is land invasion. The farm is much closer to the city than the townships where most members live so the plan is to build an informal settlement on the farm. So far the invaders have been removed by the police, but each weekend they arrive in bigger numbers.
Read 6 tweets

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