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High court rules in favour of Khosi Vho-Maelula

 

News  Date: 21 September 2007

 

The scuffle between the traditional leader of Ha-Maelula and a group of residents who were accusing him of repossessing their mealie fields and develop stands is over.

Mirror learnt that the struggle over the land erupted when Vhamusanda Vho-Edward Vhambelani Maelula decided to develop new stands for those looking for plots on the piece of land alleged to be the mealie fields of Mr Mbulaheni Liston Dzwedzhi and Mr Ronald Nkhumiseni Nthangeni.

The two are alleged to have been granted the piece of land by the late headman of Ha-Maelula, Mr TT Ramabulana, in 1985. Dzwedzhi was given two hectares, while Nthangeni was given 10 hectares.

When the current traditional leader realised that his people’s living area was becoming overcrowded, he developed new stands on the piece of land, but he was legally challenged by his accusers.

The complainants went to the Dzanani magistrate´s court, represented by a representative from the Louis Trichardt Legal Aid Board, to get a court interdict to stop the headman from developing new stands in an area they claimed to be their mealie fields.

The headman´s accusers were being advised by Mr TN Matumba, a former resident of Ha-Maelula, who is presently residing in Louis Trichardt.

According to documents in Mirror´s possession, Matumba claimed that he became the headman of the Ha-Maelula territorial council under the leadership of the late headman, Mr TT Ramabulana, from 1977 until 1991. "During 1983, the territorial council under Chief TT Ramabulana, with me as a headman, granted Mr Liston Mbulaheni Dzwedzhi a two hectares of ploughing fields and in 1985, the same council granted Mr Ronald Nkhumiseni Nthangeni ten hectares ploughing field at Berg Plaas," reads the statement written by Matumba.

In December 2005, the applicants’ matter was dismissed with costs at the Dzanani Magistrate´s Court. A reliable source told Mirror that the complainants were ordered to pay R16 000. At the court, the complainants also alleged that the Chief Maelula chopped down the fruit trees they had planted.

After losing the case at the Dzanani Magistrate´s Court, the applicants took their matter to the division of the High Court of South Africa in Thohoyandou, where it was again dismissed with more additional costs.

The ruling was made by Judge GNK Hetisani last month on August 16 in Thohoyandou. "Having heard Counsel for the plaintiff and having read the documents filed on record, it is ordered that the application is dismissed with costs."

 

Written by

Nthambeleni Gabara

 

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