A MAMELODI man could become a billionaire property mogul if a land claim he has instituted in Pretoria is successful.
The claim on 25000ha of land — stretching from Cullinan to eastern Moot and from Kameeldrift to The Willows — was gazetted earlier this month and has resulted in the cancellation of several property sales in the area.
Victor Lekhuleni’s claim includes diplomatic properties, farms, businesses, schools, churches, residential areas, townships, squatter camps, hospitals, industrial zones and parts of the Magaliesberg mountain range.
The Land Claims Court ruled that the claim be considered. A sixmonth validation is under way.
Lekhuleni asserts that the land belongs to his tribe, the Mhwaduba of the Bakgatla ba Lekhuleni. He says they had occupied the land since the 1800s but were forcibly removed from their homes between 1958 and 1962.
Lekhuleni’s lawyer, Vivien de Klerk said: “Like any tribal community they would like their land back, but they accept that it is not possible in … developed areas. Where land cannot be returned they will seek compensation.â€
The claim includes some of Pretoria’s most affluent areas, such as La Montagne, Wapadrand and Silver Lakes, as well as 400 smallholdings, industrial areas, and Mamelodi township and properties owned by the government, City of Tshwane, Sanral, Transnet, Eskom, the Post Office and Telkom. The claim is also for properties owned by the Canadian government.
De Klerk said: “The land under claim is worth billions of rands. If the claim is successful there will either be restitution where the landowner is remunerated for the land’s value or the claimant is remunerated for lost land rights.â€
He said 95% of the landowners would not be affected “as government will remunerate themâ€.
“Those likely to be affected are the government, which still holds large portions of the land, and farmers, who have vast open tracts of land.â€
De Klerk said Lekhuleni was willing to negotiate long-term lease agreements with farmers.
He said there was no reason to panic. “Either they [government] will pay out or return the land.â€
The only compromise Lekhuleni was not prepared to make was for the portion of the Magaliesberg.
“The mountain is used for the tribe’s annual initiation ceremonies,†he said.
An estate agent, Willie Lubbe, said the claim had had an adverse effect on property sales.
“There is lots of uncertainty. Last week agencies reported cancellations of numerous property sales.â€
He said the moment prospective buyers saw that there was a land claim on a property they pulled out of the deal.
Property values in the area ran into millions of rands. “You have shopping malls such as The Grove worth over R100-million. This is a money-making scheme.â€
Piet van der Watt of the Land Claims 2 Committee, which is opposing the claim, said: “There are property developments scheduled but developers are concerned about going ahead. These are big developments, residential, malls, schools and industry. It’s big money.â€
Van der Watt, who owns the Derdepoort shopping centre, said: “If business people have to rent back their property it will be disastrous for business.
“The government can’t sort out Eskom, how will it be able to pay out all this money?â€
He said the fight was not political: “It affects everyone in our community. Black and white, we have worked hard to build our homes, businesses and schools. It’s ridiculous.â€
Wits associate professor of history Sekiba Lekgoathi said there were people in the area well before the 1700s when the Ndebele arrived. “We must be careful about thinking of African communities as self-contained tribes .
“You had lots of inter-mixing, with new migrants interacting with the existing Sotho and Tshwane people.â€
