Decades-old land disputes have resurfaced to expose a tangled web of corruption, mismanagement, and institutional inertia.
Image: Henk Kruger/African News Agency
IN a shocking revelation that has left South Africa’s parliamentary committee on Land Reform and Rural Development reeling, decades-old land disputes have resurfaced to expose a tangled web of corruption, mismanagement, and institutional inertia.
At the heart of the crisis are two deeply entrenched conflicts — one involving the Zwelabantu Communal Property Association (CPA) in KwaZulu-Natal and another concerning the Mbadlanyana family land tenure dispute in the Eastern Cape.
The committee’s recent meeting, chaired by the IFP’s Mangaqa Mncwango, laid bare a system in disarray, where promises were made but not kept, oversight was absent, and communities remained trapped in cycles of poverty and fear under the weight of unresolved grievances.
The Zwelabantu CPA saga dates back to 1998, when a land claim was lodged by the late Inkosi Zwelabantu Dube on behalf of the Dube community for 6 896 hectares of land near Durban. The land included agricultural areas earmarked for development and fully developed townships like Blythedale and Tinley Manor.
Fast forward to today, and what should have been a model for rural transformation has instead become a cautionary tale of corporate misgovernance and elite capture. According to Sifiso Ndlovu, director of the Rural Land Claims Commission (RLCC) in KZN: “The claimants established the Zwelabantu Dube CPA as a holding entity to manage and administer the land on behalf of its beneficiaries.”
But things began to unravel when the CPA entered into strategic partnerships with developers — Blythedale Coastal Resorts Proprietary Limited (BCR) and Royal Shaka Estates Proprietary Limited (RSE) — under controversial shareholding structures where beneficiaries received only 20% ownership, while former landowners retained 80%.
“The land acquired from New Guelderland Sugar Estate was transferred to Blythedale Coastal Resorts… through a holding company, the CPA held 20% of the shareholding, and the developers held 80%,” the chief director of Shared Services Centre, DRDLR, KZN, Nhlanhla Mndaweni said.
These arrangements quickly led to litigation, with beneficiaries challenging agreements in the Land Claims Court. Despite settlements being reached, including a court-sanctioned agreement in March 2017 and a variation order in November 2021, implementation stalled due to non-payment of R70 million by Dr Patrick Sokhela, a key developer.
“Dr Sokhela defaulted twice on paying the R70m,” noted Mncwango. “How is the Department going to help the CPA get its money back?”
Adding insult to injury, governance failures within the CPA have allowed traditional leaders to exert undue influence, undermining democratic processes and transparency. Community members reported that some beneficiaries had never received proceeds from property sales or rentals, while others had. “There was interference by the traditional authority in the affairs of the entities of the claimants,” Mndaweni admitted.
The Department responded by forming a Joint Coordination Committee (JCC) to mediate between stakeholders and referred allegations of financial embezzlement to the security cluster for investigation.
However, MPs were not impressed. “There was nothing new in the presentation,” the DA’s Mlindi Nhanha said. “Members had already heard what was presented during their visit (in February 2025).”
“This is a horror movie,” The EFF’s Nthako Matiase said. “One lady told us they had to carry guns to protect themselves.”
While the Zwelabantu CPA drama unfolds in KZN, the Mbadlanyana family in the Eastern Cape finds itself embroiled in a separate but equally complex land dispute. Phakamisa Mgedezi, chief director of Rural Development and Agrarian Reform in the Eastern Cape, explained: “The matter should be concluded as per the court order issued on November 10, 2022, as well as the approvals granted by the Minister.”
The family holds a Permission to Occupy (PTO) on 10 hectares, but a lease agreement exists for 41 hectares, with part of the land already under development by Zascorite. The Department proposed reducing the lease to 31 hectares to accommodate the cultural village, but this raised serious legal and economic concerns.
“The developer may claim costs incurred for feasibility studies, valuation, and environmental impact assessments,” warned Mgedezi. “Revision of Land Rights Holders Resolutions and advertisement costs will also apply.”
MPs expressed concern over the potential for litigation and loss of income for the community, which stands to lose R594 000 annually in rental income.
“It’s not acceptable to buy land for the people, and then have the very same beneficiaries sell it,” the MK Party’s Andile Mngxitama said, calling for legislative reform to restrict land sales for at least 50 years after restitution.
Frustration boiled over among committee members, who accused the Department of chronic underperformance and lack of capacity. “We are dealing with a horror movie,” Matiase said. “If that hasn’t touched the officials, it has certainly touched the Members.”
Nhanha said: “The Department has no people who can engage with us on important matters. There has been no consequence management.”
Minister Mzwanele Nyhontso acknowledged the shortcomings and committed to reporting back within 60 days: “I am disappointed there was no CPA registrar here,” he said. “The government must hand out support and resources to beneficiaries of the land.”
He also announced plans to conduct site visits and compile comprehensive reports on both cases.
“The truth has not been told to the Committee,” Nhanha said. “Three months after our visit, we’re hearing the same old story.”
Several MPs called for urgent legislative amendments, particularly around Section 12 of the CPA Act, which currently allows CPAs to enter into joint ventures without sufficient safeguards. “Section 12 needs to be reviewed,” Matiase said. “Why should a former landowner own 80% while the beneficiaries get 20%?”
“Policy gaps are cutting across the CPAs,” Mrara said. “The Department should provide us with a package of policy gaps so we can assist in amending legislation.”
There were also calls for the Department to fast-track investigations into alleged financial misconduct and to bring all relevant parties — including Dr Sokhela, Mark Taylor, Royal Shaka Estate, Ushukela Milling, and Selwa Trust — before the Committee once the Minister returns with his report.
What emerged from the May 21 meeting was not just a critique of two specific land disputes — but a damning indictment of a national land reform system in collapse. Communities are living in fear, institutions are paralysed by inefficiency, and accountability is nowhere to be found.
As the ANC’s Nanda Ndalane asked: “How has the CPA been monitored since it was established? What challenges were observed, and what was done about them?”
Unless drastic reforms are undertaken — from leadership restructuring to legislative overhaul — the promise of land restitution and rural development will remain an empty slogan. And for the people of Zwelabantu and the Mbadlanyana family, justice remains a distant dream.