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Excerpt from the transcript of the Matter between IJK Mabaso and Another (Applicant)
and
National Director of Public
Presecution (First Respondent)
Curator (Second Respondant)

MOKGOHLOA J
Mr Mokhari, I think when we adjourned this matter in Pietermaritzburg it was for the applicant to ring truth that he is actually maintaining the properties, as opposed to what the curator states in that they are actually maintaining the property.

MR MOKHARI
That’s correct, but what we did was to put a supplementary affidavit with annexures, but when we are doing it we didn’t have the benefit of any affidavit from the curator or the report. To date we have not received same, maybe they will address Your Ladyship on that, but we have now gone under oath to say that we are maintaining that is what we disputed, so it will appear that that will be common cause today but we will hear what they say.

You May read the full document Here: (more…)

Excerpt from the “Founding Affidavit”

6. This application concerns two different portions of land, which for the sake of convenience are referred to as the “BCR Land” and the “RSE Land”,
being the land affected by the two settlement agreements referred to as CPA 2 and CPA 3 in the Notice of Motion. The agreements are paginated
as part of the annexure bundle, from pages AF 201-213 and AF 214-240.

7. The respondents affected by the order requested in paragraph 1 of the Notice of Motion in respect of the BCR Land are the 1st to 3rd respondents,
whilst those affected by the order requested in paragraph 2 of the Notice of Motion in respect of the RSE Land are the 4th to 6th respondents.

8. The setting aside of both settlement agreements is sought in the same application for the sake of convenience and saving unnecessary costs. The
same facts on some material issues apply to the determination of both, despite other differences. The material facts and issues which are common
to both include:

8.1 The reasons for the formation of the ZDCPA;

8.2. The submission in terms of Section 42D of the Restitution of Land Rights Act 1994 for settlement of portion of the land claims. The same
document recommended the settlement of both;

8.3. The approval of the two settlements by the Minister, in the same document;

8.4. The meeting where the settlements (both of them) were explained to the community and where the resolutions were passed which are relied on as the community authorization for the conclusion of the settlements. Applicant contends that there was no proper authority. If this contention is upheld both settlements will fail on the same basis and on the same facts.

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Download the document here:
Bowman Opinion ZDCPA

6 March 2012

Warrants of arrest were issued yesterday for the Education Department’s ex-chief financial officer, Pam Bosman-Zulu, and businessman Innocent Jabulani Zakhele Mabaso for failing to appear at the start of their trial in the Pietermaritzburg High Court.
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