ROYAL BAFOKENG NATION vs TSITSING AND ROBEGA COMMUNITIES (Cases M420/16 and M28/17)

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Tsitsing and Robega communities will on the 29 June 2017 be appearing separately against the Royal Bafokeng Nation (‘RBN’) at the NW West High Court, Mafikeng. The two matters are related to the ongoing landmark case 999/08.

Tsitsing Community, represented by Matloga Attorneys, is challenging the RBN’s unilateral action to evict community members from residential stands duly allocated by Tsitsing Community’s Village Councils (makgotla). Without consulting its constituent communities, the RBN seeks to alter ancient customary practice of allocating residential land within Bafokeng communities. In the instance, the RBN seeks to confer unto itself: contested ‘land ownership’ status; and land-use powers over such land. As submitted before in the abovementioned case 999/08, individual Bafokeng communities are claiming independent ownership over said affected land, and have historically exercised independent authority and power over said land.

Robega Community, represented by the Legal Resources Centre, has for close to a century, been lawful occupiers of a State-owned farm Boschkoppie. The Community has lodged a land-rights claim on the land, now surrounded by Royal Bafokeng Platinum’s mining operations. The RBN’s Court application seeks transfer and ownership of the said land. Opposed by the Robega community, the said application has also not been ratified by the ‘tribe’ as recently directed by Judge Landman in case 999/08.

Failure to oppose the RBN in these two matters will have a devastating impact on the tenure rights and future livelihoods of communities under RBN’s jurisdiction. BLBA supports the said communities.

BLBA would greatly appreciate minimum R15 000.00 funding support to cover transportation (2x buses) to the Court hearing. We hope to transport at most 504 members (i.e. 8x buses) at a total cost of R60 000.00

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