Gov't moves for Kgale farms title deed
Mpho Mokwape | Friday June 21, 2019 12:49
The parties who appeared in court yesterday for a case management report are set to go for trial on October 23, 2019.
They appeared after they were given time to sit down and sort out issues of facts and issues of law to be resolved during trial.
The applicants and respondents were also given time to make sure that all the relevant documents to be used during trial were available. According to the filed report dated June 18, 2019, the parties have resolved that issues of law to be during trial be amongst others that whether Malete Land board should be directed to cancel Deed of Transfer of the farm.
Whether Balete Chief, Mosadi Seboko and Bamalete Development Trust be directed to deliver the floating copy of the Deed of Transfer. Also whether the Bamalete tribe has been unconstitutionally deprived of its property contrary to constitution.
Moreover, the parties on the issues of facts agreed to resolve without going to trail amongst others whether Balete and the chief were consulted before amendment of Section 7 of the Tribal Territorial Authority (TTA) of 1973.
Also, whether the Balete tribe consented to the inclusion of the farm in the Bamalete tribal territory as per section 7 of the TTA of 1973.
“The parties agree that the issues do not require the matter to be referred to trial as the dispute can be resolved on the papers as filed by the parties,” read the report.
Yesterday’s appearance by the parties comes at the backdrop of a previous appearance where the Balete attorney, Oteng Motlhala had sought time failing to file replying papers to the government’s founding affidavit.
He had said that they failed to respond to the government’s founding affidavit because of the nature of its content and the documents attached. “Most of the documents attached are old from the archives and the content alleged on the affidavit needed a lot of research. We could not file on time because of that,” he had told court. Meanwhile, the Land Board is suing Kgosikgolo Mosadi Seboko and the Gamalete Development Trust for the title deeds to Kgale Farms in respect to the remaining extent of the Farm Forest Hill 9-KO.
According to court documents, the farms in question date back to 1925 when Balete bought a farm known as Forest Hill 9-KO farm for investment purposes.
The tribe contributed to raising the 3,000 Sterling Pounds required to purchase the land from Aaron Siew. To this day, the title deed is in the name of Kgosikgolo for and on behalf of the tribe.