WE WON: The rightful owners of the restituted land at Wallmansthal listen to their leader speaking about the court’s decision during a meeting. Picture:HERBERT MATIMBA
It appears as if the rightful beneficiaries of restituted land at Wallmansthal, north of Pretoria, will finally be able to settle there after an application by illegal squatters for leave to appeal their eviction was on Wednesday struck from the roll of the North Gauteng High Court following a no-show by the squatters.
The land grabbers were served with an eviction order on February 2 and were subsequently given 15 working days to remove their shacks and vacate the area.
The legal challenge to the squatters’ eviction was being led by Soshanguve police sergeant Selemo Mosiya, the cousin of convicted fraudster and former police captain Richard Makhene, who was recently sentenced to seven years in prison for accepting a live sheep as a bribe. Mosiya has allegedly used the Maswikeng a Ditlou Communal Property Association as a front to sell state land at Wallmansthal to anyone for a fee of R400.
Unlike many court battles where attorneys argue the merits of their case for hours against worthy advisories, the Wallmansthal Communal Property Association (WCPA), flanked by lobby group AfriForum’s legal team, faced no opponent at all.
Presiding Judge Joseph Raulinga expressed shock at the squatters’ contempt of court, especially since their application for leave to appeal made no sense as the court’s ruling on February 2 had been a settlement agreement.
WCPA secretary Simon Makola told The New Age “we are happy that the appeal was struck from the roll with costs, and the February eviction order still stands”.
“The costs awarded were higher as the judge found they had wasted everybody’s time by lodging the appeal.”
Following the decision, Afri-Forum’s head of community affairs, Cornelius Jansen van Rensburg, said the sheriff of the court could now be instructed by the state to go ahead with the eviction. “AfriForum will see to it that the court’s order is carried out to the end,” said Van Rensburg.
As the case has been struck from the roll, the squatters cannot approach either the Appeal’s Court or the Constitutional Court.
Mosiya’s cellphone and that of his association’s spokesperson, were off.