A Mpumalanga family has been awarded R1m compensation by the land claims court in a restitution claim for land currently used for timber operations dating back almost 20 years.
The Mabuza family sought physical restoration of about 300ha of any part of the 2-million hectares of land, situated between Barberton and Sabie in Mpumalanga, which is being used for timber operations by companies including Sappi and York Timbers.
Mapping experts presented evidence to the court that the land could not be restored to the family as it is now entirely used for timber manufacturing, which requires “advanced technical support”. Restoration would lead to a loss of jobs and harm to the economy because expropriation would cost R200m.
Writing on behalf of a unanimous full bench of the land claims court on December 13, acting judge president Shehnaz Meer said the Mabuza family had successfully proven their claim but agreed it could not be restored.
This would adversely affect the companies and the livelihoods of workers employed in their operations.
She ordered the minister of agriculture, Thokozile Didiza, to pay more than R1m to Alpheus and Simon Mabuza within six months.
According to experts, the Mpumalanga land had many “labour tenants” — labourers who lived on the farm in exchange for work — in the 1950s. The Mabuza family was able to show that the first family member was on the land as far back as the mid-1800s. Mapping and historical experts also showed how, from 1955 to 1971, various members of the family were removed from the land because of racially discriminatory laws.
“[Their] evidence ... made clear that their fathers did not move voluntarily,” wrote Meer. “This is in sync with the evidence of both sets of experts.” Historians showed evidence of police evicting or threatening.
The land claim, instituted in 1998, was opposed by both Sappi and York Timbers.
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