In the ongoing struggle for land restitution in post-apartheid South Africa, a family's attempts to reclaim their property in Elsies River have been met with continued hurdles, as they say the land claims office keeps citing the absence of a signed extension for new claims.
The land, in Elsies River, is nearly a hectare in size, the family said.
Johannes van Niekerk, 54, said: “We visited the land claims office several times in the past few years, only to be told that the president hadn't signed an extension for land claims, and we had to wait.
“It is heartbreaking, my grandfather passed away, and in 1977/78 the apartheid government forcibly removed us from that property.
“I was still a child.” Van Niekerk said the government at the time wanted to build a school on the land, and although they did build Valhalla High School, they left the family’s portion of the property vacant.
“It was a well-known and beloved area where we once lived in a large house and my grandfather kept animals.
“One day when I got out of school, they put us on a truck and said you don't live here anymore.
“They took us out of Riverton (Elsies), they threw us over Lavis bridge, close to the train line.
“There was a transit camp where all the people who were removed lived before we moved to Epping.
“We want and need our land back.
We cannot wait 'till thy kingdom come ' while our family members are passing on.”
The Department of Agriculture, Land Reform and Rural Development (DALRRD) said there has been no extension to deal with claims yet, because of a court ruling which directed them to first clear the backlog of claims that were lodged by December 1998.
“The remaining claims are around 7 000.
“They are very complex in nature and need more time to do research.
“We do report to court on a quarterly basis on progress made.
“Once the court has given a go-ahead to deal with claims lodged after 1998, the public will be notified of such a decision,” said DALRRD spokesperson, Reggie Ngcobo.
University of Pretoria (UP) Professor Siona O’Connell, who has produced several films around apartheid forced removals, including Uitgesmyt and An Impossible Return said: “The question of land restitution continues to highlight the flaws and failures of post-apartheid South Africa. Lack of political will, limited resources, corruption and politicking have ensured that for many of the dispossessed, return and redress remain out of reach.
“There are thousands of claims still to be settled, and there is no indication from government that a new claims process is in the pipeline.
“This leaves thousands of people who pay the cost – economically, socially and psychologically - and who are hamstrung, compromised, and denied justice.
“Add to that is the reality that there is no space for the dispossessed to deal with the long-lasting trauma, and the impact this has on family and community relationships. The failure of government to adequately address these issues over the past 30 years is an indictment of our democracy and as long as this trauma remains unaddressed, we will be hampered in our continued search for freedom, justice and dignity.”
While the presidency did not say when the extension for claims would be signed into law, they noted that President Cyril Ramaphosa signed the Land Court Act into law last month.
The Act would establish a specialist and permanent Land Court to replace the Land Claims Court, which was a court with a limited lifespan.
“This means permanent judges of the Land Court can now be appointed.
“The Land Court will resolve the challenges that were experienced such as backlogs in land claims and dispute resolution mechanisms when disputes arise,” said Ramaphosa’s spokesperson Vincent Magwenya.
Cape Times