AbaThembu chief Phindiwe "No-Italy" Mtirara has filed an application in the Mthatha High Court, claiming the land on which the mall is to be built belonged to the Mpheko Traditional Authority, which forms part of the AbaThembu kingdom.

Court papers filed by Mtirara's legal team said the land was the subject of a land claim in 1998.

"During December 1998 ... the community lodged a land claim ... claiming the restoration of the land - which embraces the land known as Enkululekweni," the papers said.

The land claim's status, however, is unknown.

Mtirara's lawyers also claim that the community was not consulted before the King Sabata Dalindyebo Municipality leased the land to the developers.

Now her lawyers want the court to rule that the lease agreement between the KSD Municipality and the developers, Peermont Global Limited and Land Macro, be set aside until the matter has been resolved.

Two portions of land, lying next to each other near the Shell Ultra City at Mthatha's southern entrance, are under dispute.

The one plot, situated next to Mthatha's Holiday Inn Garden Court, has been earmarked for a casino development while the second piece of land near the former ministerial complex will see a shopping centre go up.

Among the respondents cited are: President Thabo Mbeki, the Land Claims Commission and the Land Affairs Minister as interested parties, as well as the KSD Municipality and the two developers.

KSD acting municipal manager Vuyo Zitumane on Wednesday said she could not comment on the matter as it was still sub judice.

"This matter is still in litigation and is in court as we speak, so at this point I cannot comment whether we (KSD) have a right to the land or not," she said.

"I will comment on it once the court has pronounced on the matter."

Mfundo Mtirara, chairperson of Landmark (Pty) Ltd, a subsidiary of Land Macro, said he was surprised to hear that the issue had been taken to court.

He maintained the developers got a lease agreement with KSD Municipality.

He added that Phindiwe Mtirara - although a member of the AbaThembu Royal House - did not have the right to make a land claim.

This right lay solely with the AbaThembu king, Buyelekhaya Dalindyebo, he said.

He was convinced the court processes would not interfere with the work Landmark was doing on the R320 million shopping centre, he added.

On Thursday, when the Daily Dispatch team visited the site, graders were busy levelling the ground and work went on as usual.

Advertising boards said the complex was due to be opened in the Easter holidays of 2008.

The Landmark chairperson said they were hoping to finish by December next year at the latest - but denied the shift in the deadline had anything to do with the court case.

The 30000m² shopping mall is widely expected to further boost the economy of Mthatha and create more jobs for the poverty-stricken city.

Last month, thousands of shoppers in Mthatha and surrounding areas flocked into the new Mthatha Plaza regional shopping centre when it opened its doors for the first time on April 16.

The case is to be heard before Judge Xola Petse in the Mthatha High Court on Next week.

Daily Dispatch