Kweneng Land Board tempers justice with mercy
The Kweneng Land Board (KLB) is currently shifting from strict justice to leniency by deciding to pardon and formalise illegal applications for residential properties in Mogoditshane, worth millions.
Consultations by the KLB revealed that some properties on these plots are valued at P2 million apiece, while others are worth P4.5 million, with many owners having secured loans from commercial banks using these properties as collateral.
A total of 206 individuals must appear before the KLB to present their case and explain why they should not lose the land on which their properties are built. The KLB has faced significant pressure and resistance from various pressure groups and politicians. At one point, the land board chairman, Kgang Ontlametse Kgang, publicly stated that those criticising this process especially politicians, are doing so despite its illegal status.
The properties in question are located on 206 fields, originally owned by different individuals and businesses. Among the irregularities is that the Mogoditshane Sub Land Board blatantly disregarded the law, which at the time stipulated that only developed plots could be transferred to other parties.
Additionally, until recently, sub land boards were not authorised to subdivide fields; this was the responsibility of the Physical Planning Department. Ontlametse Kgang, the KLB chairman, disagrees with those who believe his land board is backtracking on its threat to demolish all structures on the land, some estimated to cost over P4 million, due to it being an election year.
He explains that the process began in 2021 and should have been completed long ago, but challenges such as identifying the legitimate owners of the land, caused delays.
The issue began towards the end of 2019 when the Mogoditshane Sub Land Board acquired land for village expansion, as the waiting list for residential plots around the Mogoditshane Land Board had reached 140 000. Kgang explained that the Mogoditshane Sub Land Board proposed to the KLB that the fields needed for expansion be compensated with plots to facilitate the acquisition.
The sub land board proceeded with acquiring land for the KLB to expand Mogoditshane and the surrounding peri-urban areas. However, according to procedure, the sub land board is not allowed to acquire land; it can only propose acquisitions, leaving the final decision to the main land board.
The fields covered approximately 1,000 hectares in various areas around the Mogoditshane district. The property owners include people of high status, politicians, business people, and ordinary community members.
'When I came into office in 2020, we discovered that fields had been purportedly acquired by the sub land board, which lacked the authority to do so. It was claimed that compensation for each field taken was provided in the form of plots. The process was flouted and illegal,' Kgang said.
'As KLB, we sought legal intervention, and it was confirmed that those plots or fields were not legally acquired. The land board is mandated to acquire land under the Tribal Land Act (TLA). If you examine the situation, you will see that Mogoditshane adopted a model of compensating field owners with six plots for every hectare acquired.
“This model is unsustainable because a hectare yields only 6.1 plots. If a landowner gives one hectare and receives six plots, the land board ends up with only 0.1 plots, which cannot be allocated to anyone,' he said, adding that as KLB, they were advised to resolve this matter amicably by holding consultation meetings with all the field owners and explaining to them that the process of acquiring their fields was illegal.
'Our efforts were met with resistance from the community, as they initially thought the land board was trying to deceive them.'
Kgang stated that the complexity of this issue is compounded by the fact that the plots were not allocated in the same area. The procedure stipulates that if there are still unallocated plots elsewhere, these must be exhausted before moving to another area.
He believes that this clearly indicates dishonesty on the part of the Mogoditshane Sub Land Board, which misled the community by claiming they had no available plots, especially for those on the waiting list.
He acknowledged that some officials from both the sub and main land boards were involved, suggesting it was a scheme for their benefit. Additionally, these officials unlawfully transferred the plots to third parties. At the time, the law required that a plot must be developed before it could be transferred, but this was not the case for any of the plots.
Kgang noted that Sub Land Board officials generated and allocated plots without proper titles for ownership. As these plots were surveyed, new owners used them to secure bonds and loans from banks.
'We realised that our decision to reclaim the land left many indebted. Furthermore, there is no record of money transfers, and taxes were evaded”.
Kgang said he took it upon himself, as the president of BATLA, to consult with his colleagues and legal experts to confirm that the allocation was illegal. However, they needed to find a way to work around the law to help plot owners retain their plots.
Kgang revealed that KLB recently held a workshop with sister land boards, including Rolong, Ngwaketsi, Kgatleng, and the sub land boards of Oodi and Mogoditshane in Kweneng. 'In that meeting, we unanimously agreed that the allocations, acquisitions, and subdivisions were illegal.'
As a result, both the Kweneng and Kgatleng Land Boards decided to enter into settlement agreements because the law does not recognise such transactions.
'If the law does not recognise a transaction, it is null and void, and the land still belongs to the land board. Therefore, the best course of action is to call those involved to plead their case for mercy.
'In our negotiations, one must come and humble themselves because it is not about us as land board officials, but about upholding the law. These proposals will be considered, and we have to account for why someone would be given six plots when there are thousands of people on the waiting list without a single plot. We also want to balance the interests of innocent buyers, but mere innocence does not equate to legality.'
Kgang said that Kweneng Land Board has already identified about 1 000 acquired fields. So far, they have consulted with 206 field owners, covering approximately 1 000 hectares. He added that the situation is further
complicated because some titles do not exist.
Another challenge is the lack of proper acquisition processes. If acquisition had been done through the land board, only the main land board could cancel a title. Instead, titles were issued and filed improperly, meaning the land board effectively lost plots because people have both the fields and titles, which have not been cancelled.
“We are left with 50 cases to resolve. Our delay is due to chasing the allocation of our 100 000 target. Meeting this target is crucial because it addresses the land shortage.'
Kgang explained that there is a variety of opinions from those interviewed. Some field owners, especially elderly people, were unaware their fields had been exchanged for plots. Their certificates were stolen, and they were unaware until notified about the title cancellation.
Kgang bluntly stated that some politicians, including Mogoditshane sub-district councillors, are involved and have benefited from this process. 'When you are a sinner, just admit your sins, and we will take it from there. The problem is they are avoiding accountability.'