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Beneficiaries of a R1 billion Mpumalanga nature reserve have threatened to slap Department of Rural Development and Land Reform director-general Rendani Sadiki with a contempt of court application for not acting on a court order.
The beneficiaries of Mala Mala Nature Reserve, which is by far the most expensive land claim in South Africa’s history, hold a Pretoria High Court order that forces both the department and the Nwandlamharhi Community Property Association (CPA) to be transparent.
They went to the court following years of being denied financial records and dividends, and completely excluded from the business, which they claim was being mismanaged.
Some of the beneficiaries were allegedly assaulted when they tried to attend meetings.
They allege that a small cabal hijacked the business and left most beneficiaries out in the cold.
Mala Mala is an exclusive and luxurious nature reserve situated in the Sabi Sands Game Reserve, adjacent to the Kruger National Park.
The reserves generate about R8.4 million a year in rental income for the CPA and about R2 million through a tourism levy.
However, a large section of the beneficiaries from 960 families claim they have seen none of this money and other income generated from the reserve since the land was handed over in 2013.
Judge Nomsa Khumalo had, in her May 9 judgment, ordered:
. The CPA to submit all documents in its possession, including financial records, to the director-general and the beneficiaries within 30 days after the issuing of the court order;
. The director-general to release results of the verification process of the beneficiaries within 30 days and soon thereafter prepare for an annual general meeting and election of new CPA executive members;
. The director-general to conduct an investigation regarding the dispute between the beneficiaries and CPA executive members; and
. The CPA lawyers, Gilfillan Du Plessis, to furnish records of the CPA’s money that was held in its trust account to the director-general within 30 days from the order of the court.
One of the beneficiaries, Zamani Mathebula, told City Press that the department had done nothing about the judgment.
“They’ve done absolutely nothing in implementing the court order, and the deadlines set by the court have passed,” Mathebula said.
A letter that the beneficiaries’ lawyer, Muzi Mzila, wrote to Sadiki on July 9 indicates that the court judgment was forwarded to her on May 15.
“To date … our clients have not received such a report [results of beneficiaries verification] from your good self, and you are respectfully requested to take steps to ensure compliance as you are in breach of the court order,” Mzila wrote.
“We might mention further that in terms of the said court order, you were also directed to assist the beneficiaries of the CPA – after the verification had been completed – to call for an elective annual general meeting within 60 days of the order.
“We therefore kindly advise that we hold instructions to proceed with a contempt of court application against you, but we sincerely believe that with your cooperation such a step will not be necessary.”
The CPA’s former treasurer, Derick Mthabine, who has been fingered as part of the cabal that excluded beneficiaries, did not respond to City Press’ question on whether they had appealed the judgment.
After the judgment, Mthabine said that Sadiki had been furnished with all documents, including financial records.
He added that the CPA intended to approach the Land Claims Court to make a declaration on ongoing disputes between communities who wanted to be included in the claim.
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