A long-standing legal dispute over land ownership has thrown a wrench into the construction plans for a new gravesite in Itsoseng near Lichtenburg. The project is spearheaded by the financially beleaguered Ditsobotla Local Municipality. The dispute, which dates back to 1936, when the government expropriated the Mojaki family's land, has resurfaced, leading to a halt in the gravesite construction.
Evodia Mojaki, a key figure in this dispute, has raised concerns that the municipality is encroaching upon her family's ancestral land, De Hoop 51. The roots of this land dispute traces back nearly nine decades to 1936, when the Mojaki family experienced the heart-wrenching expropriation of their land by then government of the Union of South Africa - under the British colonisers.
However, it was not until 1978 that the apartheid government offered to return the land to the Mojaki family, setting the stage for the protracted legal battle that is experienced today. The Mojaki family has maintained their claim to the land, asserting their historical rights and ties to De Hoop 51. Construction of the gravesite began in 2018, intending to provide a final resting place for the community. However, as the project progressed, concerns arose regarding the municipality's land ownership legitimacy.
Mojaki, a staunch advocate for her family's land rights, took legal action to contest the encroachment on De Hoop 51. Despite the gravesite being fenced and construction having commenced, no individuals have been laid to rest due to the ongoing legal dispute. Land ownership's uncertainty has cast a shadow over the project's future. Mojaki, backed by her legal representatives, has taken a proactive stance in her efforts to protect her family's land. She alleges that the Ditsobotla Local Municipality is overstepping its boundaries and appropriating land that belongs to her family.
This dispute has triggered legal proceedings, effectively stopping the construction of the gravesite. Mojaki, during a recent interview with Mo Media, expressed her frustration with the municipality's actions, stating, "The people saw an open space. They just appeared from nowhere. Through lawyers, we could halt them from continuing with the buildings." Her determination to safeguard her family's ancestral land has been met with the support of legal professionals actively working to resolve the dispute.
The legal battle over land ownership in Itsoseng has halted a community project and raised important questions about land rights and historical injustices. It underscores the broader issue of land restitution in South Africa and the complexities surrounding land claims and ownership. Resolving this dispute will require a delicate balance between honouring historical rights and addressing the community's needs for a proper burial site. It is up to all parties involved, including the Mojaki family, the Ditsobotla Local Municipality, and relevant authorities, to engage in constructive dialogue and legal processes to reach a fair and just resolution.
As this legal battle continues, it serves as a poignant reminder of the enduring impact of historical land injustices and the ongoing struggle for land restitution and justice in South Africa. The outcome of this matter will affect the Mojaki family and may set a precedent for future land disputes and restitution efforts in the country.
Ditsobotla Local Municipality Head of Communications, Pius Ditsile said: "We are aware of the woman, and she has come to the municipality to complain about the piece of land she claimed the municipality has encroached into. However, we have referred the matter to the Department of Cogta to look into that because they were the ones doing the demarcation of the land."
In terms of the shortage of land for burial, Ditsile added: "Yes, it's full but we are still utilizing the existing space within the old cemetery because we have not yet opened the new one for public usage. "The land belonged to the Kopano Trust Authority, but the Trust has given the piece of land to the municipality to establish the cemetery." Mojaki's family will get their answers soon, as Ditsile explained: "The process of EIA was done by the service provider that was appointed, but once the report of the EIA is finalized and the matter of Mrs Evodia Mojaki's disputes resolved, we will open the cemetery for public usage."
