Mpumalanga family-Mafube Coal eviction disputes heads to ConCourt

The land dispute dates back about eight years, when Mafube Coal Mining bought the farm. A Mpumalanga family has approached the Constitutional Court in a bid to challenge its eviction by Mafube Coal Mining and seek a review of the decisions that led to removal from their homestead. A letter from the court registrar, Boyboy Moloi, said the matter would be heard on 12 November. Mpumalanga family gets evicted The dispute centres on a homestead on portion 4 of farm Nooitgedacht 417 JS in the Nkangala district municipality, Mpumalanga, from which the family was evicted earlier this year to make way for mining activities. The land dispute dates back about eight years, when Mafube bought the farm. The family and several other households refused to relocate, citing dissatisfaction with the compensation offered and the accommodation arrangements. Family claims procedures were not followed The dispute has since resulted in several court proceedings. Family spokesperson Rose Buta said proper procedures had not been followed before the family was evicted. “The entire case has not been handled fairly, from the previous orders to remove our parents’ graves to the issuing of the eviction order,” she said. Buta said before the eviction, the family had been informed that a hearing would take place in Randburg, but was later told that the proceedings would be held online. “When we arrived there, they told us the matter would be held online. “We waited in vain for the link to access the proceedings,” she said. Court order In October last year, the magistrate’s court also granted Mafube permission to compel the family to exhume the remains of relatives buried at the homestead. In its responding affidavit regarding the Constitutional Court matter, Mafube argued that the applicants were attempting to introduce a different case at the appeal stage. When contacted for comment, Mafube Coal said: “While Mafube is participating in the legal process, it respects the family’s right to access the courts and the rule of law. “As the matter is still pending, Mafube is unable to comment further on the merits of the matter. Case heads to ConCourt Mafube remains committed to abiding to the legal process and will continue to exercise the utmost care and respect in its approach.” Activist Themba Mahlangu welcomed the decision for the matter to be heard by the Constitutional Court, saying he believed the family had not received a fair hearing. “The reason we want this case to be heard again is because this mine has been abusing us. But nothing has happened to them,” he said. Mahlangu said the relocation of graves and the instruction for the Buta family to exhume the remains of their parents had added to the dispute. “If the other courts had been fair, this matter would have been settled a long time ago,” he said. He added that some families had refused to relocate because they believed the premises offered to them were too small and did not provide sufficient space to accommodate their livestock.