KZN family in fight to reclaim expropriated land

[schumi]

Durban - A NORTH Coast family is fighting back to save a piece of land they use for prayer after it was expropriated, allegedly, without their knowledge.
On this land lies a puthu (an anthill some Hindus believe is sacred) as well as a prayer place where the family erected a jhanda (a flag pole dedicated to the Hindu deity Hanuman) and where they pray every morning.


Nirmala Devi Maharaj, 73, of Umhlali, inherited the land from her late mother, Jagataran Devi, who died 40 years ago.


In addition to the prayer places, the land that was taken also has an orchard with almonds, mangoes, and papaya as well as a vegetable garden.


Maharaj’s sons, Yogendranath, 53, and Rohit, 54, live with their mother on the property with their families.




Yogendranath, who is a police captain at Umhlali SAPS, said the family realised they lost the land when construction began on their 4ha property last year.


Since then, they have been involved in a battle with the KwaDukuza Municipality to find out how the land was expropriated without their knowledge, and to get it back.


However, the KwaDukuza Municipality media liaison officer, Sipho Mkhize, said: “The property is registered under the KwaDukuza Municipality. We can prove that the expropriation was done rightfully.”




Yogendranath said he lived on this land since he was a little boy.

“When I started work, we began to develop the property. I started the orchard while my wife and mother tended the garden. We are vegetarians, so my wife started planting various vegetables, from cabbage and tomatoes to various beans, and several other vegetables which we use on a daily basis.”

About a year ago, Yogendranath said he noticed parts of the land had pegs. “When we approached the workers, they told us they were going to build a road. I was baffled as it was private land. When I told them this, they said it was municipal land.
“Initially we managed to stop them. During this time, I approached the municipality to find out what was happening. It was then I found out that land had been expropriated in 2015. However, there was no notification or meeting. And we were never informed this was happening.”

Yogendranath approached the Department of Housing.

“I was told they could not find our lot number on the map. However, I was able to identify our land as there is a river just below the property.”

He then realised the lot number had changed. However, the family was not told about this.

More at:

KZN family in fight to reclaim expropriated land | The Post

On this land lies a puthu (an anthill some Hindus believe is sacred) as well as a prayer place where the family erected a ...

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[Ancalagon]

Really terrible, and unfortunately, not surprising.

Expropriation without compensation seems like it is already here.

The only surprising thing about this is that the municipality is actually building a road on it. I really honestly expected some ANC fatcat just decided he wanted to build a mansion on it.

 

[Fulcrum29]

Really terrible, and unfortunately, not surprising.

Expropriation without compensation seems like it is already here.

The only surprising thing about this is that the municipality is actually building a road on it. I really honestly expected some ANC fatcat just decided he wanted to build a mansion on it.

I see they are also planning low-cost housing. This makes me wonder to whom this land is designated to. Usually, when they ‘expropriate’ land it is to move a community or a partial community to the expropriated land as registered occupants with title deeds and all that. The municipality may be in huge kakkas should they have expropriated the land without permissions, even with EWC there is a process.

Maybe there is more to this than the media is letting out...

Who knows, maybe that new road is a runway to a cadre's mansion.

 

[santaman202]

Lock and load

 

[daveza]

“The property is registered under the KwaDukuza Municipality. We can prove that the expropriation was done rightfully.”

Sure, you just forgot to tell the owner....

 

[Jabulani22]

Only one way to be sure they are telling the truth , present documents.
If all they have is memories and no paperwork then they are in the wrong.

 

[Pavan]

I hope the springboks win the World Cup. There’s nothing else worth reading/hearing/hoping for in SA. It’s probably the only reason I still love SA these days. Everything else is just horrific and heart breaking. /rantoff

 

[Jopie Fourie]

Lol, so for all we know all our properties we live in now may already belong to the local municipality, expropriated without compensation and our knowledge.... now would that be a laugh or what

 

[grok]

I hope the springboks win the World Cup. There’s nothing else worth reading/hearing/hoping for in SA. It’s probably the only reason I still love SA these days. Everything else is just horrific and heart breaking. /rantoff

Don't hate the rest of us when it's only one demographic turning everything into the proverbial sheite hole.

 

[Zoomzoom]

There is no mention of a deed in the article. I wonder if they have one.

 

[Jopie Fourie]

There is no mention of a deed in the article. I wonder if they have one.

With Expropriation Without Compensation, deeds does not mean a thing in any event, whether your property was taken or not. That being said, since EWC is not in the constitution as yet, someone would have been compensated. Wonder who in the family it was, if anyone in the family.

 

[Zoomzoom]

With Expropriation Without Compensation, deeds does not mean a thing in any event, whether your property was taken or not. That being said, since EWC is not in the constitution as yet, someone would have been compensated. Wonder who in the family it was, if anyone in the family.

okaaay I get that and I am as impassioned about EWC as the next person, HOWEVER, if they did not have title to the property in the first place then it isn't EWC is it?

If they have occupied and used the land for the last 30 years or more then they have a claim to ownership - I can't remember what the law is called but there is a law that makes provision for claiming ownership based on usage.

 

[Urist]

Give KZN to the zulus! transfer all their land to their king and declare them a sovereign country. It must be an embarrassment for the tribe that defeated the British in battle that Lesotho exists, but Kwazulu doesn't.

 

[Jopie Fourie]

If they have occupied and used the land for the last 30 years or more then they have a claim to ownership - I can't remember what the law is called but there is a law that makes provision for claiming ownership based on usage.

You do realize when EWC are allowed for in the Constitution, then all these nice rights are gone too. You can claim ownership if you want, but the State are more than free to take your 'newly acquired' land at any time. But, the moment land has been expropriated, you can no longer call on these laws, as expropriation trumps or supersedes all other laws and rights.

 

[Zoomzoom]

You do realize when EWC are allowed for in the Constitution, then all these nice rights are gone too. You can claim ownership if you want, but the State are more than free to take your 'newly acquired' land at any time. But, the moment land has been expropriated, you can no longer call on these laws, as expropriation trumps or supersedes all other laws and rights.

OMG you are so missing the point. Who said this was EWC? Where was the process? It must still have a legal process. If there was no process and they never owned the land then this isn't EWC is it, just simply the municipality utilizing their land.

The reporting is horrific in its lack of information.

1. Do they have a title deed - anywhere, any paper to show they own the land?

2. What specifically was the notice in the paper that was mentioned - look it up!

3. Who, when, where, why was the ERF number changed (and they don't change unless there is a subdivision)? That is also a traceable process at the deeds office.

it's all very well to get excited about it being EWC - but is it? If it is I shall happily jump up and down in outrage, but I have questions.

 

[Jopie Fourie]

OMG you are so missing the point. Who said this was EWC? Where was the process? It must still have a legal process. If there was no process and they never owned the land then this isn't EWC is it, just simply the municipality utilizing their land.

The reporting is horrific in its lack of information.

1. Do they have a title deed - anywhere, any paper to show they own the land?

2. What specifically was the notice in the paper that was mentioned - look it up!

3. Who, when, where, why was the ERF number changed (and they don't change unless there is a subdivision)? That is also a traceable process at the deeds office.

it's all very well to get excited about it being EWC - but is it? If it is I shall happily jump up and down in outrage, but I have questions.

Hey... cool down and read my previous posts. I did not take the land. Don't work yourself up against the wrong person here.

 

[Jabulani22]

Yup without supporting documents it kinda looks like they are just common squatters and have not been evicted for generations .
It is very similair to when i was growing up , remember playing on the lawn of the white house and we made a small circle of tar for me to plant my ferns , after we were kicked off that circle is used to land helicopters.....
So much was lost .......

 

[ponder]

Who said this was EWC?

The municipality.

However, the KwaDukuza Municipality media liaison officer, Sipho Mkhize, said: “The property is registered under the KwaDukuza Municipality. We can prove that the expropriation was done rightfully.”

 

[Zoomzoom]

The municipality.

With all due respect but that doesn't prove anything.

 

[Polymathic]

Give KZN to the zulus! transfer all their land to their king and declare them a sovereign country. It must be an embarrassment for the tribe that defeated the British in battle that Lesotho exists, but Kwazulu doesn't.

Nah they still happy voting for the ANC