Mpumalanga family evicted after seven years land battle with mine
· Citizen
After seven years of legal battles, Mafube Coal Mine has finally managed to evict a Mpumalanga family from their homestead.
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The fight for the land between Mafube and the family started about eight years ago when the mine bought the Nooitgedacht farm near Middelburg.
Mafube Coal removes Buta family from Nooitgedacht farm
The Buta family and a few others refused to relocate because they were not happy with the compensation or the replacement houses.
The family claimed that relocation would also affect their livestock farming business.
Family spokesperson Rose Buta said her family was forcefully relocated to Sikhululiwe village, about 20km away, a few days ago.
“We are not happy about what happened. The law in this country favours those with money. My family was relocated to two houses with three bedrooms each. At home we had a house comprising more than 10 rooms and we also had small housing structures and shacks in the yard.”
Buta said when the sheriff and police arrived at the homestead, they removed the furniture and started demolishing the house and other structures.
“Some of our belongings were destroyed by the excavator that was demolishing everything. They also relocated 33 cattle to the yard we were relocated to.
Relocated to smaller houses with bucket latrines
“At home, we had water in the yard and a decent toilet, but now we have to use communal taps and a bucket latrine.”
Buta said the eviction order used by the mine was issued without following proper procedure, as they were not called to court to give their side of the story.
“We were initially told that the hearing would be held in Randburg, but when we arrived there, they told us the matter would be held online. We waited in vain for the link to the proceedings.”
In January, the Land Court issued an eviction order giving the family 60 calendar days to vacate the homestead to make way for mining activities.
The family continued to stay in the farm until they were evicted.
When issuing the order, Acting Judge Tanya Brenner said after having read the papers and heard counsel, she decided to issue orders, including that the Buta family must be evicted from their homestead on the farm known as the remaining extent of portion 4 of Farm Nooitgedacht 417 JS.
Court ordered mine expansion
“The Buta family is directed to vacate its homestead within 60 calendar days from the date of service of this order and relocate to the alternative accommodation at Sikhululiwe village, built by the applicant for the Buta family.
“Alternatively, they are directed to vacate their homestead and relocate to any other alternative accommodation of their choice,” Brenner ordered.
The court directed Mafube to facilitate the relocation from the homestead and to cover reasonable expenses incurred. The family was instructed to demolish structures and harvest any standing crops at the homestead.
In October last year, the court granted Mafube permission to force the family to exhume the graves of their relatives who had been buried on the land.
Mafube spokesperson Hulisani Rasivhaga said: “Mafube Coal confirms that the relocation of the Buta family has started, following an order granted by the Land Court on 26 January.
This follows seven years of extensive, transparent engagement, during which Mafube made every effort to reach a mutually acceptable, voluntary relocation agreement.
‘Bigger crisis in SA’s mining sector’
“To ensure the family’s longterm security of tenure, Mafube Coal has provided alternative housing at Sam Rose Valley and Sikhululiwe Village.
“The mine remains fully committed to provide comprehensive transitional support to the family to help restore and sustain their livelihoods.”
Mining Affected Communities United in Action national coordinator Sabelo Mnguni said the eviction reflected a much bigger crisis in SA’s mining sector, where communities were repeatedly expected to sacrifice their land, livelihoods, graves, culture and dignity for mining expansion, often without fair compensation.
“It raises serious questions about justice and procedural fairness. Relocating farming families to small village houses without land for livestock or production is not development, it is dispossession,” Mnguni said.