Swaziland: Court Orders Homes Destroyed

allAfrica

13 December 2014

The High Court in Swaziland has ordered the forced eviction of more residents from their stick-and-mud homes to make way for the building of a technology park, dubbed a “vanity project” for King Mswati III.

The King, who rules Swaziland as sub-Saharan Africa’s last absolute monarch, wants to build a Royal Science and Innovation Park/ Biotechnology Park at Nokwane.

The High Court in Mbabane ordered the eviction of 20 people from their homes. There were also forced evictions from Nokwane in September 2014 after residents failed to stop a court order.

In the latest move, residents failed to convince the High Court that they had any legal right to be on the land.

Judge Mpendulo Simelane said the ownership of the property was vested in the King in trust for the Swazi Nation and the King had allocated the land to government through the Ministry of Information, Communication and Technology for the construction of the Park.

He also ordered the demolition of ’all and every illegal structure erected’ on this farm.

The clearance is to make way for the building of a Royal Science and Innovation Park/ Biotechnology Park. When the project was first announced in 2010 it was criticised by observers as another “vanity project” for the King. It runs alongside the Sikhuphe International Airport (now renamed King Mswati III Airport), which was officially opened in March 2014 after costing at least E3 billion (US$300 million) to build.

In 2010, Moses Zungu, the Project Manager for the Royal Science and Innovation Park/ Biotechnology Park, said the first phase of the project, which would involve basic infrastructure such as roads, drainage, landscaping and other works, would cost E850 million (US$85 million). He said the first phase would start in April 2011 - more than three years ago.

No needs analysis for the development has been published, but Zungu said in 2010 the science park was the initiative of the King.

In July 2011 it was revealed that the Swazi Government had taken out a US$20 million loan to part-finance the science park. The loan, in the form of a line of credit, was from the Export-Import Bank of India.

More than seven in ten of King Mswati’s 1.3 million subjects live in abject poverty with incomes of less than US$2 per day. The kingdom has the highest rate of HIV infection in the world and earlier this year the Swazi Minister of Health Sibongile Ndlela-Simelane said there was not enough money to pay for drugs to prevent the death of children from diarrhoea in the kingdom.

Original article

http://allafrica.com/stories/201412151418.html

Swaziland has once again captured the attention of human rights groups following the forced eviction and demolishment of family homes in Nokwane. The evictions have allegedly been ordered directly by King Mswati III in order to make land available for a Science, Innovation and Biotechnology Park, which critics have deemed an unnecessary expense for a country suffering severe levels of poverty.

http://mg.co.za/multimedia/2014-12-19-more-forced-evictions-in-swaziland#disqus_thread

Evicted Nokwane Were Defiant

13/12/2014 03:44:00

Sandile Nkambule

Despite being allocated alternative land after being told of their illegal stay decades ago, evicted Nokwane residents continued to stay at the government farm, the Observer on Saturday has reliably gathered.

According to investigations carried out by this publication, the residents were informed way back that they were occupying Farm 692 illegally and were told to move out and allocated land at Lobamba Lomdzala, a place popularly known as Don Don near Bethany. This is where they were expected to set up temporal structures while looking for their rightful places to stay, however they did not comply and remained at Farm 692. It was not until they were, before the Royal Bio Technology Park project was launched told that would be forced out through an eviction order that they started running around and this time, going back to Lobamba Lomdzala Umphakatsi to ask for the land they had been earlier allocated, that they found it had been used for other projects.

By this time they had realised the seriousness of their squatting, but it was already late as the Bio-Tech Park project was kick staring with government having already secured the eviction order hence the demolishing that took place.

Although most of the residents claimed to have being staying at the farm since time immemorial, they acknowledged the fact that they had been staying at a government farm and thought that they would eventually be permanently given the land they had built their home on. Interviewed by the Observer on Saturday on the issue, some of the residents said being evicted and having what you used to call home demolished, is a very painful thing, and despite that they were occupying the farm illegally, they had anticipated that they would at least be compensated.

In an interview with Lobamba Lomdzala Uphakatsi Secretary who ironically is Mabhalane Bhembe, he confirmed that the evicted residents were long allocated alternative land as they were aware they were occupying the farm as squatters.

“It is true these people knew that they were squatters and what is disappointing is that Umphakatsi allocated them a piece of land as an alternative a gesture that was in kind, but their decided to stay and according to Royal kraal procedure if a land is lying idle without being utilised for a long time, it is forfeited for other projects which is exactly what happened,” Bhembe said.

He said upon realising the seriousness of the issue following the eviction order they ran to them as Umphakatsi in search for the allocated land but found it had long been used. About 20 more homes are expected to be demolished following a Court Order issued by High Court Judge Mpendulo Simelane last week. The High Court Judge ordered more government demolitions at Nokwane and Mbanana to give way to the construction of the Royal Bio-Technology Park.

..............Exhumation of graves completed

This week the exhumation process of remains for relatives of the evicted families peacefully took place at Nokwane between Tuesday and Wednesday. In the presence of members of the Royal Swaziland Police Service (RSP) more than 20 graves were dug up with the remains of the relatives taken before being later buried at Ngwane Park Cemetery. The evicted residents acted on an announcement that was published in the local media and on Tuesday morning the evicted residents assembled at Nokwane for the exhumation process. According to Lobamba Lomdzala Umphakatsi Secretary Mabhalane Bhembe, all went well as they successfully and peacefully completed the exhumation exercise on Wednesday. “We have since completed the exhumation and I must say everything went well,” Bhembe said. This followed a directive by Lobamba Lomdzala Umphakatsi to at least three families who had their graves at farm 692 to have them relocated. As early as 6am, the families were already present at their graveyard in preparation for the exhumation. When the Observer on Saturday arrived, close to 10 police officers were found manning the area while the team was prevented from taking pictures by the Umphakatsi elders. They claimed the families had said they did not want any pictures taken during the process. According to one of the family members, they were afraid of talking to the media because they had been previously victimised hence they preferred silence than voicing out their grievances. A total of about 16 graves were eventually dug up belonging to one family while the two other homesteads had about six.

Lobamba Lomdzala Umphakatsi had vowed to go ahead with the exhumation in the event the families did not show up.

....................Families expected to vacate the place immediately

These families are expected to vacate their homesteads immediately in order to give way to the ongoing construction. Government ran to the High Court for an order ejecting or evicting one Jabulane Dlamini and 18 others who are occupying the disputed farm. Government was also praying for an order demolishing all and every illegal structure erected on this farm by the dwellers.

The farm dwellers opposed the application claiming the High Court has no jurisdiction over the matter as stated by section 9 of the Farm Dwellers Control Act 12 of 1982. They also alleged that the farm no longer vests in government who has divested its ownership and transferred title to the Ingwenyama in trust for the Swazi nation as such government has no substantially vested interest in the affected property.

Granting the demolition order, High Court Judge Mpendulo Simelane said the residents were merely clutching at straws, saying they dismally failed to adduce any evidence on how they got to occupy the farm in issue. He highlighted that the residents’ lawyer had difficulty responding when he was asked to produce his client title over the property.

“The respondents woefully failed to state before court the circumstances under which they got to occupy the farm. They have no authority over the farm and I find that they are illegal squatters,” Judge Simelane highlighted before granting the order last week.

The judge said government did the best she could to relocate the squatters. This, she did, by negotiating with the neighboring umphakatsi to allocate the squatters land to give way for the construction of the Royal Science and Technology Park. Judge Simelane said the residents as per Swazi Law and Custom were expected to follow the procedure for acquiring Swazi Nation Land through kukhonta. “The respondents (residents) refused to relocate inspite of this effort by government. This is confirmed by the affidavits of Clifford Mamba, the Principal Secretary in the Ministry of Housing and Urban Development and that of Magindane Dlamini, the Indvuna or headman of the Inner Council under Lobamba Lomdzala chiefdom. I find that they are the architects of their fate and have no one to blame,” Judge Simelane noted. overwhelming

The judge said there is overwhelming evidence that government is the holder of the title deed of the farm in issue as is clearly reflected under Title Deed 176 0f 2005. He highlighted that the ownership of the property is vested in the King in trust for the Swazi Nation and the King has allocated the land to government through the Ministry of Information, Communication and Technology for the construction of the Park.

Judge Simelane ordered that the 19 and all those claiming occupation through them at Farm 692 Nokwane at Mbanana be and are hereby evicted. He also ordered the demolition of all and every illegal structure erected on this farm.

http://www.observer.org.sz/news/68586-evicted-nokwane-were-defiant.html

The recent massive demolitions of 15 families in Nokwane is yet another demonstration of government’s disdain for ordinary Swazis. The demolition of houses built by citizens by a government that has not invested seriously in the provision of housing for its people is immoral and wicked.

Responsible governments all over the world take the housing of their citizens seriously and make provisions. No serious government wilfully destroys the houses of its citizens.

It requires a responsible government to handle this situation with humane consideration for these families as they have been living there for the past 20 years. This is more so because the authorities appear to have been negligent- to have allowed land that should have been under its control to be so flagrantly encroached on. By waiting and allowing so many families to build on such land, the government has failed in its responsibility to properly control the use of the land. Under these circumstances the government can either consider ratification of the land acquisition by the state owners or pay the citizens compensation.

There is no justification for the government to pull down houses built at great costs by the people of Swaziland. After all the welfare of people is part of the responsibility of the government.

The Swaziland government has shown that it cannot protect its citizenry or attract investors. Like all humanity we cry from the heart. How can we watch as our own members are decimated in this manner without being shocked into action? How can our government be so cold and wicked? But then in Swaziland no one can taste that bitterness other than when one who is impoverished.

As they eat, drive those BMWs they should also think about the families who our national policies hurt the most. They need to reconcile our politics with the needs of the people who are hurting so much. Caring for the people is a lifelong commitment that should be the essence of daily leadership. Life is getting tougher by the day and ordinary Swazis watch as opportunities elude them due to selfishness of those who want everything for themselves. This definitely is not the spirit of Jesus or the spirit of commitment to sacrifice for others.

It is painful how they mismanage Swaziland. There is very little respect for human lives and dignity. It’s too bad treating people with contempt however, highly placed you are. What this government is doing is unfair. It shows we are not hiring the best and our people are staying in one position too long and are unproductive. It is the government that is forcing people into poverty. When politicians turn primitively greedy by appropriating collective wealth for personal ends it is not only bad but to devastating for the taxpayer.

We are faced with many possible reasons for the humanitarian crises. It looks like the Swazi nation is constantly facing an obstacle of some sort. They want Swaziland all for themselves. I cannot understand why they hate us so much. What can make one demolish another’s house except hatred?

Everything is wrong with the current government. They are always warming up for a fight with the citizens. We cannot continue to live and cohabit in this way. Say what you like, we live in a pigsty. We have become a global laughing stock.

Another thing, Swaziland should take yet another look at the Constitution. I believe that the Constitution should be amended. Constitution amendment has always been a leading democratic convention. It is predicated on the fact that no law of any kind stands the test of eternity and because laws are made for man and not man for laws, Swazis must update this data. Let this data not pollute the minds of the people. Let us update this data or if not let us throw it away.

Colleen Matsebula

http://www.times.co.sz/letters/99309-forced-eviction-losing-more-than-just-a-home.html

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