The battle over a piece of land to develop stands at Ha-Maelula village between Musanda Vho-Edward Vhambelani Maelula and a group of residents seems to be far from over.

The group of residents is accusing their traditional leader of forcefully repossessing their orchards, and not mealie fields, as reported in our previous edition, to develop new stands.

Mirror learnt that the orchards at the centre of the controversy are that of Mr Mmbulaheni Liston Dzwedzhi and that of Mr Ronald Nkhumiseni Nthangeni. The two were granted the piece of land by the late traditional leader of Ha-Maelula, Mr Tshibvumo Timothy Ramabulana, in 1985.

Dzwedzhi was given two hectares, while Nthangeni was given 10 hectares. The complainants challenged the traditional leader´s efforts of developing stands on their orchards at the Dzanani Magistrate´s Court. They were represented by Mr Thanyani Mphephu from the Louis Trichardt Legal Aid Board.

Witnesses Mr Norman Matumba and Mrs Ruth Nthangeni approached Mirror and alleged that, together with other witnesses, they were never summoned to give evidence at the Dzanani Magistrate´s Court. "We want to make it clear to the public that we never appeared in the court of law until the finalisation of this matter last month. If granted that such an opportunity, we would have revealed the truth. We are more than ready to give evidence," said Matumba.

Nthangeni alleged that in October 2005, when she went to the orchard to stop people who were developing stands on her piece of land, Musanda Vho-Vhambelani Maelula came and threatened her with a firearm. "I reported the matter at the Makhado SAPS, and the traditional leader was found guilty and fined," she said.

Both Nthangeni and Matumba alleged that their case was postponed several times at the Dzanani Magistrate´s Court until it was heard for the first time in March this year. "On that day, we were told to wait in Court A, while our legal representative, the magistrate and the legal representative of the traditional leader held discussions at the courts buildings. We were shocked when our legal representative came to inform us that the case had been dismissed with costs because we don´t have title deeds," they said.

Matumba said that the ruling shocked him because his understanding was that in the rural areas, nobody, including traditional leaders, has a title deed. He said that since he bought a house in Louis Trichardt, there are people who think that he is no longer a resident of Ha-Maelula. "I have a valid ´springbok´ and I have not yet received a trek pass from Musanda Vho-Vhambelani Maelula," he said.

Matumba also denied having acted as a headman of Ha-Maelula, as claimed in our first article last month. He said that from the period 1977 until 1991, he was acting as Vhakoma. "Those who brewed these allegations were still young during that period, so that´s why they could not even differentiate between Mukoma and a headman," he said.

Nthangeni also alleged that, before their orchards were repossessed, they were granted ´trek passes" to vacate the village by Musanda Vho-Maelula, but they refused. "We lost the case because of the inefficiency of the Legal Aid Board. Now the sheriff from the Dzanani Magistrate´s Court has already attached my properties," she said.

Nthangeni said that her new legal representative will very soon submit the application for appeal at the Thohoyandou High Court.

According to documents from the attorneys representing Musanda Vho-Vhambelani Edward Maelula, the complainants are to pay the sum of R18 781,91 and the sheriff´s charge for the Dzanani matter. Mr Nkhumiseni Ronald Nthangeni is to pay a further sum of R28 573,58 for costs for the postponement in the High Court. The Louis Trichardt legal aid board was ordered to pay the costs for the dismissed High Court application and these costs have not yet been fixed.