The late Inkosi Zwelabantu Dube lodged a claim for restitution on behalf of the Dube Community (“the community”) in November 1998. The community that was physically removed consists of 687 households, with approximately 4206 beneficiaries.
The claim is in respect of 6896 hectares of land that consists of agricultural land earmarked for development, land that is presently being developed,towns of Blythedale and Tinely Manor, and other fully developed areas, in the North Coast of Durban.
The community had indigenous law ownership rights on the claimed land, which it was dispossessed of prior to 1913. The rights in land relied upon for the purposes of the restitution claim are undisturbed beneficial occupation for a period in excess of ten years, as the community continued to occupy the land after its transfer to White farmers and white owned companies.
Legislation that was used to dispossess the community included Proclamations in terms of Section 5 of the Natives (Urban Areas) Act 1923, Masters & Servants Act of 1926 and Proclamations under the Group Areas Act of 1950.
The claim was accepted by the Regional Land Claims Commissioner (“RLCC”) and published in the Government Gazette in 2006; amended in 2007 and further amended in 2008.
The claim was initially opposed by all current owners affected, forcing the Commission to refer the claim to Court. Further negotiations were held with various landowners including Ushukela Milling and New Guelderland Sugar Estates.
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