The Land Claims court has rejected an ‘obviously false’ claim over large parts of KZN, which was pursued by the Land Claims Commission for 20 years, Netwerk24 reports. Judge Eberhard Bertelsmann made damning findings about the conduct of the government and the Qwabe-Waterfall community that claimed vast areas of land belonging to Tongaat Hulett and 26 other owners.

In dismissing the claim, Bertelsmann said it illustrates how the noble restitution process had become a ‘cottage industry for lawyers, alleged corrupt activities by land owners, officials and claimants’. The Qwabe-Waterfall community had already received 3 460 hectares of land in a separate claim, but Bertelsmann found it was not a qualifying community in the first place and had never been displaced by racially discriminatory laws.

He said the undisputed evidence showed that the Qwabe community, including the community’s chief, voluntarily moved to become tenants.

Bertelsmann says the claim was exceptionally weak and witnesses gave different versions of events. The Land Claims Commissioner insisted on pursuing the claim in court over many years despite advice from senior counsel that the claim could not succeed.

Bertelsmann made a punitive cost order against the Minister of Land Reform and the Land Claims Commissioner. He said there was a total disregard for the rights of the land owners, who could show historical title deeds clearly debunking the claim, and had the sword of a land claim hanging over their heads for two decades.

Full Netwerk24 report (subscription needed)