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The Motsuenyane family, which is seeking R300 million from Impala Platinum for the use of its land, was last week confronted by another group of family members and the executor of the estate who have come forward saying the family never agreed to sell the land in the first place and that the R40 million sale to Valditime was, in fact, fraudulent.
The executor of the estate, Oscar Sithole, and Essau Motsuenyane said the family was in the process of reversing the 2015 sale of the land to Valditime by the previous family executor and only after the land had been returned would the family deal with Impala.
“The family is presently fighting to get the land back from Valditime, which bought the property for R40 million which the family never received,” said Essau.
However, although he said the land was fraudulently sold without the knowledge of family members, he also said the family did receive some of the money, but that R35 million was never paid.
“The family only received R2 million, which was to be non-refundable after May 31 2015. The date has come and gone,” he added.
The lawyer for Valditime, Marios Kyriacos, said the reason the balance was not paid is because there are certain conditions that need to be met before the money is paid over and that has not happened yet.
Motsuenyane said Johan Bodenstein, the lawyer who facilitated the sale and also spoke to City Press as the family lawyer, alongside another family member, Josiah Motsuenyane, was not legitimate and was a tenant on the land who owed four years’ worth of rent.
He said Bodenstein had subleased the land to a group of Chinese nationals who pay rent, which he does not pay over to the family.
Essau further said Bodenstein represented both sides in the alleged fraudulent sale of land.
Bodenstein opted not to comment on the allegation and instead referred the matter to Josiah, who also refused to comment.
Sithole said the land has never been under the ownership of Impala and that the mine uses 105 hectares of the overall 171ha, with the rest being occupied by squatters who work at the mine.
Sithole also said it is not true that the land was at risk of being auctioned off as it owed municipal rates amounting to R2 million.
“The municipality has never communicated such intentions to the family.
“The one raising such allegations could maybe produce such evidence,” he said.
