Mochudi businessman loses land case

ISAIAH MOREWAGAE
Staff Writer | Wednesday October 13, 2010 00:00

 

In a two-hour judgement the Land Tribunal president, Phetsolo Nare said Malan's claim had no basis. Nare pointed out that there is no evidence to suggest that when Malan's ancestors passed on, they wanted him to have the land.  He said the evidence suggested that Malan's forefathers did not want the land to be passed to anyone as they refused to renew the land lease.

'It is in evidence that Malan's father refused to pay rates for the shop he owned in Pilane,' Nare said.  He stated that after independence, Malan's father left Mochudi and abandoned the property in question. He failed to understand why Malan could not produce the will he claims granted him the land.

He said the absolute ownership of tribal land is with the Land Board.  Thus when Malan's forefathers abandoned their property, it reverted back to the tribe. 

After the judgement, Malan and his attorney Dan Bregman said they are contemplating an appeal.  Malan said he will seek advice from his  attorney before taking another step. Bregman however, said they accept the judgement.

In his submission, the lawyer stated that if the Land Board could not give Malan back the land he is claiming, then it should pay him based on the land's value.   He stated that the dispute between the Land Board and Malan appears to be only on the amount or portion that his client is entitled to.

He added that the board has admitted that Malan owns land. Bregman said his client had stated that he was not seeking any land, which may belong to Kgosi Isang, his family or descendants. 

He said the board should bear the costs of the suit because it had been applying delaying tactics in order for the case to drag on. He said that without any explanation, it had taken five years to bring to court minutes of September 24-27, 2002 Land Board meeting.

Because of the delay in submitting the minutes, the case could not continue on merits until November 29, 2009. Dutch Leburu, for Kgatleng Land Board, had said that the foundation of Malan's claims are in a letter dated November 1, 1994 from South Africa, allegedly authored by a certain JJ Malan.

The letter identified the properties as allegedly belonging to Abraham Malan's father-in-law, Steinburg.  The property was reportedly bequeathed to Abraham Malan. Leburu said that it was common cause that at the time of his death, Steinburg had not transferred the properties to Abraham Malan's father and that all the land referred to as at 1970 belonged to Kgatleng Land Board.

He said that it was common cause that disputed pieces of land are within Bakgatla Tribal Authority, as defined within Tribal Territory's Act. Leburu submitted that the entire area claimed by Abraham Malan at Pilane forms part of Bakgatla Tribal Territory and vests in Kgatleng Land Board. At the height of the matter, Kgatleng Land Board property, worth millions of Pula, was attached by deputy sheriffs working for Malan after a Lobatse High Court ruling that he be paid costs for the case.