The Prudhoe community, whose land claim has been stalled by ineptitude for 23 years, have still not had their land restored to them – despite the Constitutional Court dismissing the last legal challenge to it more than nine months ago.

A Daily Dispatch commentary by journalist Adrienne Carlisle notes the land consists of some 26 parcels of land and includes the Fish River resort and golf course.

A total of 19 of the 26 land parcels between the Fish and Mpekweni rivers are already government-owned, while about seven remain in private hands.

The government purchased the Fish River resort for more than R70m in 2018 after the Land Claims Court (LCC) awarded it and surrounding land to the Prudhoe community. But – according to the Prudhoe community – instead of the government facilitating their rightful access to the land, much of it is now being abused through deforestation, illegal sand mining and abalone poaching by people who have no right to be there.

Already, 109 of the original 124 heads of households in the Prudhoe community have died in poverty since they first lodged their claim in 1998.

Most of the remaining 1 000 community members are still living in abject poverty, while the Department of Rural Development & Land Reform seems to be doing nothing.

Thanks largely to the Land Claims Commission’s ineptitude it has now taken two trials in the LCC, three appeals to the SCA and two trips to the Constitutional Court for the Prudhoe community to – in theory – have knocked down every obstacle to reoccupying the land every court has now said should be theirs.

In November 2020 the Constitutional Court dismissed the last remaining appeal by the competing Mazazini claimant community.

The Daily Dispatch says it is now the Department of Rural Development & Land Reform that remains the biggest obstacle to their access to the land that is rightfully theirs.

The department is refusing to play open cards to the beneficiary community, remaining landowners, or the media about the status of the land claim.

The Legal Resources Centre (LRC), which has represented the Prudhoe community throughout its legal tribulations, says a community trust had been established and lodged with the Eastern Cape High Court (Bhisho) Masters’ Office for registration.

‘The LRC will continue to engage with the department to ensure that post-settlement support is provided to the Prudhoe community. We sincerely hope further legal action won’t be necessary,’ said LRC attorney Cameron McConnachie.

Full Daily Dispatch report