The descendants of three Indian settlers who befriended Afrikaner leader Paul Kruger have lodged one of South Africa's biggest land claims on property worth more than R150-million.
The magnitude of the claim emerged during an insolvency hearing in the Pretoria Magistrate's Court this week involving a member of the Bakharia family from Rustenburg.
The land in North West Province which the family is claiming includes buildings belonging to the Bafokeng nation, which has made a fortune from the area's platinum mines.
Among the properties are the Royal Bofokeng Sports Palace, Bafokeng Plaza, a police station and a service station.
The Commission on Restitution of Land Rights this week confirmed the claim and said it was awaiting a report on its value.
Konrad Röntgen, a lawyer for a Bakharia family member, said his client had valued the land at between R150-million and R180-million.
Over 100 years ago, the original Bakharia brothers - Suliman Ahmed, Ismail Mohammed and Mahmood Ahmed - settled on a farm in Rustenburg after arriving in South Africa from India.
The farm was owned by President Kruger of the Transvaal, who allowed them to live and trade there.
During the Second Anglo-Boer War, the brothers gave the Boer troops food and shelter.
A grateful Kruger gave the Bakharias the farm Kookfontein.
The land was later expropriated under apartheid.
Now the family are fighting to have it returned to them.
This week, details of the claim emerged at the insolvency hearing of Mahmood Ahmed Bakharia's grandson, Suliman Bakharia.
Bakharia was declared insolvent in 1998 when his general dealer business ran into difficulties.
Röntgen said his client owed creditors about R1-million, and the insolvency hearing was held to determine if Bakharia had a right to stake a claim on the Rustenburg land.
The court was told that the complex land claim had led to a rift in the family, but the members had now united in the fight to have it returned to them.
"The family has been in dispute over this for years," said Suliman Bakharia this week. "Families of the three brothers left certain members of the family out of their claim. Disputes arose over who was the rightful owner of the land, who had shares and who didn't."
The family division was evident at the insolvency hearing, with two camps sitting at opposite ends of the public gallery, rarely looking at each other and speaking in hushed tones as evi-dence was being led.
During court breaks, the two sides avoided each other.
A spokesman for the Commission on Restitution of Land Rights, Congress Mahlangu, said the claim covered 72 hectares of land.
"The sports stadium, shopping complex, police station and service station occupy about 55 hectares."
He said a "restitution award" would be given on the 55-hectare portion and the commission was considering the claim on the balance.
An evaluation of the land was being conducted.
"We look at what was lost at the time of the dispossession and use a scale to equate it to today's monetary value," he said.
"The claim has been approved, but once the evaluation is complete, it will be handed to the Minister of Land Affairs, Thoko Didiza, for a decision."
Senne Boitshoko, a spokesman for the Royal Bafokeng nation, said they had not been formally approached by either the Bakharias or the commission.
"We are aware that there were claims made at an insolvency proceedings relating to this family. We are not part of this. We are satisfied as to our title to the land," said Senne.
"The Bafokeng do not have a policy to oppose or not to oppose such claims. We will look at the merits of each claim and then make a decision."
Sunday Times
Publisher: Sunday Times
Source: Inet Bridge

