Africa-Press – Eswatini. Chief Gcokoma of Mbelebeleni has taken Indvuna Themba Ginindza to court over boundaries.
Chief Gcokoma has approached the court on an urgent basis, where he is seeking an order interdicting Ginindza and those acting at his behest or in cohort with him (Ginindza) from allocating land to outsiders for purposes of constructing homes at Mbelebeleni. Other respondents in the matter are Duma Lukhele and Jabulile Ginindza. In his application, the chief alleged that the respondents were continuing to allocate land to outsiders, who were building new structures without the permission of the authorities of Mbelebeleni, as they were custodian of Farm 949.
The court was further informed that marks and clearing of certain portions around the farm for new buildings were continuing, yet there was allegedly no permission from the Mbelebeleni authorities. In his application, Chief Gcokoma informed the court that Mbelebeleni Umphakatsi was the custodian of Farm 949. He submitted that he was the right person to bring the application before court by virtue of the fact that Mbelebeleni was allegedly the custodian of the farm.
Troubling
He averred that being a custodian placed him in the correct position to fix things which were troubling his community. “Indvuna Themba Ginindza is from Mbekelweni and I submit that regardless of those circumstances, he is exercising powers that he does not have with Duma Lukhele under my jurisdiction and community,” submitted the chief. According to the chief, Ginindza and Lukhele were continuing to allocate (kukhontisa) new homesteads around Farm 949, without any permission from him or any person he had delegated the powers to do so.
It was further his submission that there was also Jabulile Ginindza, who was allegedly busy placing marks (tikhokwane), which was an indication that there was a move to construct something, without the consent from the authorities of Mbelebeleni Umphakatsi. These are allegations contained in an affidavit, whose veracity is still to be tested in court. The respondents are opposing the application and they have entreated the court to dismiss it.
Damage
“I have fear for the community farm that by the time the issue was resolved by the traditional structures, much damage will have been caused in terms of having unknown permanent structures and homes,” the chief submitted. He told the court that on June 19, 2023, he delegated powers to Prince Phuzukuvela Dlamini who appeared before the Ludzidzini Council near the National Archives at Lobamba, to ask for a document confirming that the matter was pending before them.
According to the chief, Prince Phuzukuvela was allegedly informed by the chairperson of the council, Mdlaka Gamedze that same could only be confirmed orally as they did not issue documents. The matter is pending in court and appearing for the chief is Mlindzi Mthethwa of Ben J Simelane, while for the respondents are lawyers from the chamber of the attorney general (AG). The AG and the Royal Eswatini Police Service (REPS) have also been cited as respondents in the matter.
For More News And Analysis About Eswatini Follow Africa-Press
