Out of 13 applicants, only five were present in court. The rest did not even bother to send proxies to stand on their behalf. Some of the Batlokwa who purported to represent the absentees did not produce letters of proxy.
After three hours of arguments from the Tlokweng Land Board attorney Tshaimo Motsumi and two representatives of Batlokwa, Thatayaone Matlapeng and Albert Matlapeng, the tribunal president Boitumelo Kaisara reserved her ruling in the matter. She said she will deliver her ruling in two weeks. She was assisted by tribunal members Gordon Lecoge and Kebalepile Rutherford.
In his submission, Motsumi applied for the dismissal of the application with costs. He said nothing much was based on the law in the application. "We submit that the applicants are out of time and should be dismissed. This matter is urgent. Applicants filed this application in August 2012," he submitted.
He said for five months the applicants were resting on their laurels. "One wonders why after five months it is so urgent?" Motsumi said the Land Tribunal has no jurisdiction to hear the matter. He then advised the court to dismiss the application on the basis that it does not have jurisdiction and that the matter is not urgent.He said the applicants did not exhaust all avenues to resolve the matter. He also said that they have developed a legal relationship with the 285 persons who successfully applied for the contested plots.
For his part, Albert Matlapeng said the applicants had applied to the land board for plots and were interviewed. He said they wrote to the land board on February 27,2013 seeking the outcome of the interviews. "The complaint is that the applicants were denied their right. They had legitimate expectation to be allocated the land from 2010.There was no response from the land board to the applicants. There was no written resolution hence we appealed to the Minister of Land and Housing," said Matlapeng.