BEN COUSINS|
IN a landmark judgment a South African high court has declared that people living on customary land in the province of KwaZulu-Natal, notionally held in trust by the Ingonyama (king) of the Zulu people, are the “true and beneficial owners” of that land.
It confirms that the Ingonyama Trust Board is not the real owner of this land. It, therefore, cannot convert the customary land rights of occupiers to rent-paying leases as it has been doing.
The Trust is in fact only a notional owner of this land. It is mandated to administer the land “for the benefit, material welfare and social well-being” of members of the affected rural communities. It administers around 2.8 million hectares, amounting to about one third of the whole of the province.
The court also found that the minister in charge of land reform has breached her duty to respect, protect and promote
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