Catholic church wins interdict against invaders
The KZN High Court (Pietermaritzburg) has ordered individuals allegedly occupying property belonging to the Diocese of Marianhill of the Roman Catholic Church in Port Shepstone to vacate the land within 48 hours, reports The Mercury.
In a recent ruling, the court also interdicted and restrained the Zimele Communal Property Association, its chair Sandile Cele, Secretary Mncedisi Miya, Treasurer Mandla Cele and other unidentified individuals from unlawfully occupying, entering, trespassing on or claiming the property.
The order follows an urgent application brought by the church after it alleged the respondents had begun damaging vegetation and excavating on the land, creating plot sites and stands in preparation for erecting structures.
In an affidavit, Father Bernard Vusumuzi Sokhela, an ordained priest of the Diocese, said the property includes church buildings, residences for the parish priest and administrative staff, and other administrative facilities.
‘The local parish has cemeteries for the benefit of the majority of its residents and members of the Roman Catholic Church,’ the priest said.
According to Sokhela, part of the land is used for farming for the benefit of the parish, while two schools – Imbalencane Primary School and Mangquzuka High School – are situated on the property.
Sokhela told the court that in 2003, the church donated approximately 74 hectares of land to long-term occupiers through the Zimele Communal Property Association in an agreement concluded with the Department of Land Reform & Rural Development.
According to The Mercury, the donated land included the Remaining Extent of Sunnyside No. 771, the Remaining Extent of Farm Rossmore South No. 7770, and portions of The Heights No. 10735.
However, Sokhela said areas occupied by the schools were intended to remain under the church and were to be surveyed separately to facilitate a possible future transfer to the Department of Education.
According to Sokhela, the church received a letter from the association in March 2026, signed by Sandile Cele, Mandla Cele, and Miya, claiming ownership of the land and demanding the church remove a fence so the association could use the property.
Following this urgent application, the High Court granted both the eviction and the interdict order.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
