A humble tin shack in the shadow of a luxury new golf estate in the Eastern Cape will have to be demolished after a court ruled in December that the family must vacate the land. A Times Select report says the ruling leaves the Mnyaka family in Chintsa West, outside East London, until the end of February to not only break down the shack they have called home for decades, but also to exhume the remains of eight relatives buried there.

The family said they heard only in 2018 that the farm, which was no longer in operation, had been sold to HCLE Development – and received a Magistrate’s Court order that they will be evicted to make way for the Olivewood private golf estate.

Nonzwakazi and her eldest son, Mzwandile Mnyaka – who both lived on a portion of Farm 508 owned by Neil Hunte – have been trying to fight this ever since, with the help of Legal Resource Centre lawyers.

However, the High Court turned down their application on 13 December, instructing the family to vacate the land in 75 days.

Judge John Smith said in his ruling that the respondents had abandoned their residence on the farm and taken up residence in the Chintsa township. Smith said the application was brought on the basis of an assertion that the respondents had abandoned their occupation of the applicant’s property and accordingly lost their rights in terms of the Extension of Security of Tenure Act.

‘The applicant asserts furthermore that it has complied with all the procedural requirements stipulated by the Prevention of Illegal Eviction from Unlawful Occupation of Land Act,’ said Smith.

Full Times Select report