Development on prime Constantia site halted pending land restitution claim
Land Claims Court Judge President Fikile Bam has ordered a halt in development of a prized R27 million Constantia property that is to be the subject of a land claim by a prominent Muslim family.
The Sadien family farmed and built their own mosque on land now on Constantia Main Road, before being forced out by the apartheid government in 1963.
Sedick and Ebrahim Sadien, descendents of the late Mogamat and Rashaad Sadien, who filed a land claim, are now vying for the land with Hein Badenhorst, whose grand-father bought it for half its worth and is currently building townhouses on it.
Regional Land Claims commissioner Beverley Jansen, in an affidavit, said the commission had to "ensure that justice is done ... and prohibit unlawful developments which have the effect of depriving the Sadien family of their rights to restitution and restoration".
Badenhorst's grandfather managed Groot Constantia, a government-owned enterprise that provided sheltered employment for Afrikaners, from whom the Sadiens bought grapes to sell on the Cape Town market, Jansen said.
The Sadien land was turned into a trading market garden called Sillery Farms.
Jansen said any attempt by the Badenhorsts to claim the land was acquired innocently would be to disregard the racially oppressive apartheid laws.
The family allegedly tried to "hide their acquisition of the property behind a series of (sales to family-run) entities", which were apparently not at arm's length.
Jazz Spirit (Pty) Ltd, Yamiv (Pty) Ltd and Badenhorst were cited as respondents in the application by Jansen and the Sadiens for an interim order to stop development.
Badenhorst was director of Jazz Spirit and appeared to have substantial interests in Yamiv which his father Frederick directed.
Letters to the commission in 2002 and 2009 informing it of development did not comply with the act, Jansen said.
Despite warnings not to develop or face an interdict, development persisted.
Jansen said Jazz Spirit, which now owns the property, became aggressive, threatening to sue for damages if proceedings were instituted.
Viewing the matter as urgent, Bam granted an interim interdict, of his own accord in the respondents' absence, when asked for direction by the applicants, represented by Donald Jacobs SC, Joel Krige and the state attorney.
The respondents will have an opportunity in court on March 24 to show why they should not be further interdicted from developing pending the finalisation of restitution proceedings. The respondents have to file papers in March.
Cape Times
Posted at 09:55AM Feb 25, 2010 by Editor in Residential |