The legal battle between Inkosi Mqoqi Ngcobo, the chief of the AmaQadi clan, and Indian farmers belonging to the Tea Estate Farming Association over a vast tract of land in KZN, is set to continue, says a Daily Maverick report.

The association took Ngcobo to the KZN High Court (Durban), seeking an order to stop him and his iziNduna from dividing up and selling land that association members and other Indian farmers claim they have title deeds to, proving that the land is theirs.

Last month, Judge Elijah Nkosi awarded a final order stopping Ngcobo from selling the land or allocating it to people.

Luxurious and palatial homes as well as a three-star hotel have already been built on the disputed land.

Ngcobo has subsequently instruct his lawyers to appeal against the final order.

His lawyers said they will file court papers before the deadline of 15 working days – 7 October 2022.

Ngcobo claims the disputed land has been part of the AmaQadi clan land for centuries. He disputes the Tea Estate farmers’ contention that their title deeds are proof that their families bought the land more than 100 years ago.

However, the farmers said they have been paying rates and fees for other municipal services.

Yaga Govender, the chairperson of the Tea Estate Farming Association and one of the 11 applicants listed in the court papers, said his family owns 10ha of land in Tea Estate, part of which is rented to professional farmers.

Govender said land invasions began in 2016 and farmers had opened between 70 and 80 cases of land invasion, intimidation and other alleged crimes perpetrated by the invaders.

Police, however, had failed to act on these cases, he said.

Full Daily Maverick report