Resident alleges Hwashi Difagate Trust illegally invaded his land
MATIMATJATJI
A legal battle is ensuing between the Hwashi Difagate Trust (A trust operating at Modikwa Platinum Mine) and a community member Simon Mohubedu. He alleges that the trust has erected a community hall on his stand at Matimatjatji village. The two hectare stand is at Onverwacht 292KT (Matimatjatji). The community hall project is 95% complete and Mohubedu feels robbed as he alleged his land was invaded.
“There was no consultation with me, I was shocked to see a big project erected in my yard. I had a shack in my yard but they ignored it, fenced it and continued with their project .”
He added, “Where is the fairness? I inherited this stand from my father and have all the proof from the Matimatjatji Tribal Authority.”
According to Mohubedu’s documents, the stand was granted to his father on 07 May 1997. “When this stand was handed to my family, there was no Hwashi Difagate Trust, why are they being problematic now after so many years?”, he questioned.
This publication contacted Moses Makwana, who is amongst the leaders of Hwashi Difagate Trust.
He confirmed the name of the farm in contention is indeed Onverwacht 292 KT . ” It is owned by Rustenburg Platinum Mines, that is after forceful removals of people consistent with the Land Act of 1937.
“We lodged a claim as per Land Restitution Act (Act no 23 of 1994), this lodgement was consistent with section 42(d) of the aforementioned Act.We were subsequently awarded a title deed in November 2011,” revealed Makwana.
He said they negotiated a settlement agreement with Modikwa Platinum Mine, and allocated areas for residence, business and recreation. Makwana said some areas are leased by the mine.
“We can’t use them for settlement purposes and other social amenities.”
According to Makwana, the farm in question was under the guardianship of Kgoshi Mamphahlane Kgwete. “Mr. Mohubedu (allegedly father to the complainant) requested erfs to do small scale farming. Kgoshi allowed them for 5 years. Five years lapsed and they left.”
He added, “Mohubedu left a shack he was sleeping in.”
Makwana said Modikwa through section 21 companies, decided to build a hall and recreational facility for Hwashi community, which is one of the trust’s tenants.
“We requested Modikwa for that piece of land (it’s on the lease area), Modikwa agreed, and a hall is being erected.”
Makwana reiterated that Mohubedu remains welcome to engage Hwashi formally to resolve this debacle.