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Eish CharGPT lawyers.
More EC good governance.An East London farm that was expropriated with compensation by the Buffalo City metro in 1999 will be returned to its owner after the municipality failed to use it for its intended purpose.
- In 1999, the Buffalo City metro paid R762 440 for Wembley Farm in East London to build a cemetery, but this never materialised.
- Owner Roger Smith argued in court that he sold the property under the “threat of expropriation” and initiated a legal battle in 2008.
- A settlement was reached with Smith agreeing to pay R7.4 million to reclaim his property after a legal battle that lasted nearly two decades.
The City paid Roger Smith, an attorney, R762 440 for Wembley Farm in East London.
This amount comprised R670 000, the accepted value of the property; a solatium of R35 100, provided for in the then-Expropriation Act 63 of 1975; removal costs, amounting to
R5 000; loss of earnings in the sum of R3 000; transfer costs of R5 640; and transfer duty amounting to R43 700.
At the time, the City said the farm was purchased to establish a municipal cemetery.
According to court documents, Smith bought the farm in 1985, and in court papers submitted to the Eastern Cape High Court in Makhanda, he claimed he had sold the farm in 1999 under a “threat of expropriation”.
READ | AfriForum heads to court, challenging Expropriation Act’s constitutionality
Smith instituted legal proceedings nine years later to get his property back after discovering it was not being used for the intended purpose of a cemetery.
The legal battle began in 2008.
Smith sought relief for the restitution of the property, subject to a full refund of all the monies that were paid to him in exchange for the ownership of the property, together with interest at the applicable legal rate.
In 2018, his legal team and the City reached a settlement to transfer ownership of the property back to the attorney.
According to the settlement, Smith agreed to pay the City R7.4 million for the transfer of ownership back to him.
The settlement includes an amount of R3 006 090 that he received through interest after the municipality bought the farm from him, plus an additional R4 393 910 that Smith agreed to pay the City as a contribution towards the costs incurred by the municipality during the litigation.
The parties further agreed that the settlement agreement would be made an order of court, but the Covid-19 pandemic and “technical issues around the implementation of the terms” delayed the conclusion of the process.
READ | Mashatile vows to use Expropriation Act for land justice ‘whether they like it or not’
In August 2021, the City council formally accepted the terms of the settlement agreement.
In June 2023, Smith’s legal team wrote to the City confirming an amount of R7.4 million would be paid to the municipality.
In a judgment earlier this month, Judge Mbulelo Jolwana said the farm had not been used for any purpose and was left fallow over the years.
“As a result, the house, outbuildings, reservoirs and other infrastructure that were there when ownership was transferred to the municipality have been vandalised and destroyed.
“The controversy in this matter is whether ownership of land that had been transferred to a public body under expropriation for a legitimate public purpose can be restored to the previous owner after the land was found to be unsuitable for the purpose for which it was acquired,” Jolwana said.
According to papers, Smith argued he was an “unwilling seller” who sold and transferred ownership of the property to the municipality “under a threat of expropriation”.
He argued he was told the purchase of the property was “an expropriation for a legitimate public purpose of the establishment of a municipal cemetery”.
However, Jolwana argued, the property was subsequently found to be unsuitable for the purpose for which he was “coerced to sell it”.
“He contends that he was therefore induced into losing ownership of his property under a false representation that it was suitable for the identified legitimate public purpose.”
READ | ‘Nil can be a form of compensation’: DA’s Macpherson defends expropriation act
According to a municipal source, the City was unable to use the property because its soil type was unsuitable for a cemetery.
“That farm has a lot of clay soil,” said the source.
Jolwana made the settlement reached between Smith’s legal team and the municipality an order of the court.
Municipal spokesperson Bongani Fuzile said the City was happy with the judgment.
Fuzile could not comment on why the farm was not utilised for its intended purpose.
“We note the judgment and concur [with it]. We will respect and implement it as it stands, and we are not seeking to review it [or] set this decision aside.”
Smith’s attorney, Frans Smit, told New24 he was happy the legal battle had finally ended.
“We are naturally delighted by the outcome of the matter, which took close to two decades to resolve,” Smith said.
I find it funny that the people who incited riots in three provinces were never accused of treason, but people want that for AF.
Funny if you are not affected (in booths stats).
The country must heal from the atrocities committed during the previous regime so that its people can move forward together, says Adv. Glynnis Breytenbach, the DA's spokesperson on justice and constitutional development.
In a statement on Friday, Breytenbach welcomed the establishment of a commission to determine whether allegations are true that the investigation and prosecution of apartheid crimes were delayed by those who did not apply for amnesty to the Truth and Reconciliation Commission (TRC).
Former judge Sisi Khampepe is leading a commission to determine whether the investigation into apartheid crimes was intentionally delayed.
Former Constitutional Court judge Sisi Khampepe is the chairperson of the commission, which has six months to complete its work.
It will look at the period from 2003 to 2025. A report must be issued 60 days after the commission's work is completed.
The establishment of the commission has already been welcomed by Good and the Human Rights Commission (HRC).
According to the HRC, it recognises the fact that the victims of apartheid crimes and their families need closure for their pain and suffering after 31 years of democracy.
According to the HRC, not much has been done yet on the more than 300 cases that the TRC referred to the National Prosecuting Authority (NPA) for investigation.
“This has made the TRC’s worst fears come true.”
According to Breytenbach, the commission was established after sustained pressure from the DA and civil society that the investigations must be concluded without delay.
However, she believes that the mandate of the commission is too limited, but that it is necessary.
In her statement, Breytenbach referred, among other things, to the preamble to the Constitution, which makes it clear that the divisions of the past must be healed and that a society must be established that is based on democratic values, social justice and fundamental human rights.
“These words send a strong message that we will never realise the dream of a truly free South Africa if we do not deal with the injustices of the past.
“The delay in the investigation and prosecution of the cases undermines the ideals of the TRC. It is unacceptable that the families of many of the victims have not received closure or justice decades later.”
Breytenbach says the DA has always been the strongest advocate for the rule of law and it is worrying that there is an allegation of interference with the work of the police and the NPA.
Considering that is not how you compare dissimilar type of stats shows how much of a dumbass you are. Especially considering this has allready been explained to you in the past. Convert it to x in 100 000
mybb white association has rejected your stats.