It has since emerged that a dead man who owned the farm before it was 'donated' by his widow wants it back through the Executioner of his estate. They are challenging the alleged donation of the farm to the current seller who is on the verge of pocketing P28 million.
The initial case
In the tussle, three local residents, Keitumetse Thamane, Ofentse Jacob, and Keletso Maribe, are taking legal action against government officials and private entities. The trio allege that the Attorney General, Mbako Abram, the Minister of Lands and Water Affairs, Dr Kefentse Mzwinila, the ministry’s Permanent Secretary, Dr Kekgonne Baipoledi, and the Registrar of Deeds, permitted foreigners to purchase the land in question, which should have been prioritised for citizens of Botswana. The other respondents quoted on the matter are Darn Co (Pty) Ltd, Frederick Pieter Versfeld and Dalene Goosen with Darn Co being the transferor, Versfeld representing Versfeld Trust who bought the land and Goosen as their Attorney.
The applicants, through Dinokopila Mmipi attorneys, filed an urgent application on May 31, 2024 on an urgent basis to interdict the implementation and execution of the decision of the minister, made on March 6, 2024, to approve a controlled transaction for the sale of immovable property, being Portion 36 (a portion of 34) of the consolidated farm Stevensford No.5, 5-MQ, to Darn Co and Versfeld in disregard of the Applicants’ objection as citizens. Pending the institution and determination of the main review application, the applicants are seeking an order directing all parties, and more specifically the Registrar of Deeds to cease all transfer and registration process in respect of the immovable property, “Portion 36 (a portion of 34) of the Consolidated farm Stevensford No.5, 5-MQ”. The applicants want to stay the execution of the decision of the minister made on March 6, 2024, pending a review application; and for an interim interdict to restrain Darn Co, Versfeld and Goosen from registering the transfer of the Farm or any mortgage bond in question to the Versfeld Trust pending the final determination of the review against the decision of the minister. According to the applicants founding papers, on June 23, 2023, an advertisement was published detailing the intention of Darn Co and Versfeld to purchase the land in issue for P14, 325.00. Upon becoming aware of this notice, the applicants state that they duly gave notice of their objection and interest in purchasing the said immovable property in issue or entering a similar transaction with the seller. “Following the applicants’ objection of the 27 June 2023, on 14 July 2023, Darn Co, Versfeld and Goosen placed a re-advertisement of the sale intention to purchase the plot, this time adjusting the price from P14, 325.00 to P14, 325, 000.00. The respondents, in the said notice and in an endeavour to justify the “re-advertisement”, alleged that there was a typo in the first notice, which they were seeking to rectify,” reads their court documents.
The applicants state that on July 24, 2023 they filed another objection with the minister indicating that they were objecting to the transfer on the same grounds as in the first letter and that they still intended to enter into a similar transaction with the seller. “The two letters remained unanswered up until 27 July 2023 when Baipoledi sent a letter to the applicants promising that at the relevant time, when the minister was in receipt of an application, their objections would be considered, and a decision would be rendered,” they state. This response, they state, followed numerous calls and attempts by the Applicants to solicit feedback from the minister without any success. Still, post this response, the applicants were not favoured with a response or outcome to their objection. This prompted the trio to take the steps that culminated in the issuance of a statutory notice on May 10, 2024 and a letter requesting Darn Co, Versfeld and Goosen to provide an undertaking that they would not transfer the property in issue. “The respondents refused to make such an undertaking. It was through this communication that the Applicants were made aware that the minister approved the transaction on the 6th of March 2024. However, the minister’s decision was never communicated to the applicants as one would expect pursuant to the rules of natural justice. Thus, the current application is for an interim interdict pending the review of the minister’s decision by the Applicants.
‘We bought this farm’
In response, through Daniel S. Goosen Attorneys, Darn Co (Pty) Ltd, Frederick Pieter Versfeld and Darlene Goosen have opposed the application as the fourth, fifth and sixth Respondents. They argue a lack of urgency, non-joinder and the assertion that the Applicants are not entitled to any of the reliefs sought. According to their documents, the farm was donated to Darn Co by Moller’s widow Hendrina Moller in 2018. They state that they bought it alongside stake in Vegiblock which was valued at P13, 602,910.00. According to SPEDU website, Vegiblock is a horticulture production project operated by two South African citizens.
The farm was acquired in November 2018 and developments started in December 2018. The main crops grown on the farm include among others cabbage, tomato, onion, butternut and potato. SPEDU has facilitated shipment of equipment and farm implements. SPEDU submitted Tax Incentive Application to the Ministry of investment, Trade and Industry in February 2019. It is the fourth, fifth and sixth respondents case that the applicants lack the necessary locus standi, to bring an application for review. This, they state is due to the fact that the applicants are relying on an objection against an advertisement that was withdrawn.
‘Dead man’ demands his farm back
While the parties await judgment, Kebabonye Business Law acting for Louisa Urquilla, the Executor of the estate of the late Johannes Wilhelmus Moller have written to Absa Bank calling on them to withdraw their letter of undertaking on behalf of J5 Beef (Pty) Ltd in favour of Daniele S Goosen Attorneys for the payment of the sum of P7 102, 176. They state that the letter was issued after 100% shares were transferred to Versfeld Family Trust; and a surety mortgage bond has been registered in favour over the property. They state that there are pertinent facts with regards to the property. “There is pending litigation with respect to Portion 6 (A portion of Portion 34) of the consolidated farm Stemford No. 5-MO, the effect of which is to invalidate the initial sale of the farm from the late Moller to Lodewikas Johannes Janse Van Vuuren. The matter is scheduled to be heard by the Court of Appeal on the 18th July 2024,” reads the letter to Absa.
They further state that at their client’s behest, the Master of the High Court has placed a caveat on the said property pending the final outcome of the pending litigation. Lastly, the attorneys refer Absa brought by the three Batswana Thamane, Jacob and Maribe who are also seeking to interdict the intended transfer of the property. “We recently became aware of this application and our instructions from client are to make an application to be joined in these proceedings as interested parties,” they state. In light of the above, the attorneys warned Absa against proceeding with the transaction. “Should you opt not to withdraw the said letter, of understanding and in the event our client is successful in its litigation to reverse the transfer of the property from the late Moller to Van Vuuren. Our client shall then proceed to assert her rights on the property including cancellation of any mortgage bond registered on the property in your favour and the letter shall be used in support of such an application as you would have been forwarned on the inherent risk associated with the transaction,” they state.
