A massive land claim in a prime agricultural area near Brits in the North West is likely to collapse after the intended beneficiaries failed to notify the Land Claims Court of their wish to pursue their claim in court, an oversight that landowners say means the claim has been effectively withdrawn.

The claim affects 12000ha of the Hartebeestpoort irrigation scheme in the Crocodile River valley, where about a third of vegetables consumed in SA are produced. Much of the land has been lying fallow since 2004, when notices of the land claims were first published in the Government Gazette.

The irrigation scheme collapsed after farming in the district slowed down. Most of the irrigation infrastructure is derelict and beyond repair.

The Geluk land claims committee, which represents the owners of about 200 of a total of 300 properties in the district, opposes the land claim on legal and historical terms, chiefly because, the landowners say, the communities received adequate compensation for their land at the time of dispossession in the early 20th century.

The claimants, the Bapo-Ba Mogale and Bakwena Ba Mogopa communities, dispute that, saying land received in compensation was under their beneficial occupation long before the dispossessions, implying they were granted their own properties. They say also that the quality of the compensatory land does not compare with that of the dispossessed land.

Late last year, the Geluk landowners’ committee reached an agreement with the North West regional land claims commissioner to see the dispute settled in the Land Claims Court. Last November and December, the Land Claims Commission and the state attorney served notices to all affected parties, which were required to respond within 10 days.

All parties, except the Bapo and Bakwena communities, met the deadline, Frans du Randt, a spokesman for the landowners, said yesterday.

That meant that in terms of restitution law the court might find the communities had withdrawn their claim. A spokesman for the Land Claims Commission, Eddie Mulaudzi, denied that the claim was withdrawn, saying the commission had responded on behalf of the community.

Peet Grobbelaar, a lawyer close to the process, described that statement as absurd. “The communities are bringing their land claim against the state, which is represented by the land claims commission.

“If the communities had to be represented by the commission it would mean it had the simultaneous roles of plaintiff and defendant,” Grobbelaar said.

Regional land claims commissioner Tumi Seboko said the commission was “engaging the state attorney”, on the matter.

The chairman of the Geluk land claims committee, Pierre Bezuidenhout, said the landowners struggled for four years to convince the Bapo and Bakwena communities to take the matter to the Land Claims Court.

“We believe the court will issue an order that the claim has been withdrawn.

“If, however, the court condones the claimants’ disregard of the rules, our lawyers will request a cost and time order from the court,” Bezuidenhout said.

Farmers and fresh produce traders warned last July that the district’s capacity to produce about 500 tons of winter vegetables a day (50 tons a day in summer) was under threat because of the collapse of the Hartebeestpoort irrigation scheme following the land claims notices.

Seboko said recapitalising the farms was a process and that there was more to it than infrastructure. “We are looking at way to rehabiitate the properties.”

Source: Business Day