Families fight to reclaim land lost under the Group Areas Act
For the past three decades, families have continued their fight to reclaim the land that they were forced to leave due to the Group Areas Act.
Pam Naidoo, 71, said she hoped to get back two plots of land that belonged to her late paternal grandparents.
“My late paternal grandfather had owned the two plots adjacent to each other in Sydenham. On the plots there were two houses where our entire family lived. My grandfather had left the land to my grandmother after his passing. In her will, she had left it for my father.
“However, during the Group Areas Act our entire family was moved to Chatsworth. My grandmother was paid R6 000. While it may seem like a large sum of money at that time, it was not enough when compared to the size of the land,” she said.
Naidoo said her father, who is now late, had made an application to reclaim the land in 1994.
“However, prior to this my father approached the (eThekwini) Municipality after we saw that the property was vacant. He asked them what was going on as the land was vacant and could we get it back. But the person just said no.
“In 1994, we learnt that we could now make a formal application for land claims to the Land Claims Commission. We went to the office in Pietermaritzburg and made the application. But, months went by and there was no progress. We approached the office again and was told the person that was handling the claim was no longer dealing with it. We felt as if we had hit a dead-end.
“When an office opened in Commercial Road in Durban, we started making continuous enquiries. But we were given the run-around. Every time we would make an appointment, the person we were supposed to meet was not in the office or on leave. Up until today we still haven't had any feedback on our application,” she said.
Naidoo said the property had sentimental value.
“It was meant to be passed down from generation to generation. It also holds some of the fondest memories of my childhood. On the property we had a variety of fruit trees such as apples, apricots, plums and guavas. Growing up, my siblings and I would pick the fruits and have picnics.
“I recently visited the area and was left heartbroken to see the state of the property. One of our houses was vandalised and vagrants were living inside. The other property had burnt down. But this just motivated me to keep fighting, especially for my late parents who the land rightfully belonged to. I am now praying that the new government will help claimants get their land back,” she said.
Wilson Harinarain, 64, said he was forced to rent while informal dwellers had taken over land in Red Hill (Durban North), which belonged to his late father.
His family was moved to Phoenix due the Group Areas Act.
“My father owned a large plot of land on which we had our home, an orchard, banana plantation, vegetable garden and a poultry farm. We were moved to a small council flat. After I got married, I moved on my own and have been forced to rent over the years.
“It is not fair, especially since our land has been taken over by an informal settlement. How will we ever get it back? I made a claim with the commission in 1998, and to date I have not had any feedback. I cannot continue to rent for the rest of my life. I just want our land back so I can build a small home for myself and my family. I am also a pensioner and the cost of rent is high. I can barely afford to put food on the table,” he said.
Another claimant, 75, who did not want to be named, said she and her family were moved from their home in Red Hill to Phoenix.
She said on the land was their house and a vegetable farm.
“I remember my siblings and I used to work on the farm with my grandmother and mother. They grew a variety of vegetables that were sold in the market. When we were moved, we battled to live comfortably without that income.
“About 30 years ago we heard that we could claim for our land back and made an application with the commission. I spent more than 20 years going back and forth to their office to find out what was happening, but I got no joy. I am now too old to run around and just pray that we will get our land back. But, I have been waiting so many years, I don't know if I will see our land before I die,” she said.
Robin Naidoo chairperson of the Indian Land Claimants Association (ILCA) said: “There seems to be no will on the part of the eThekwini Municipality to sit with the Land Claims Commission and us - the victims of apartheid via the Group Areas Act, to undo what was done to us for the past 30 years.”
The association, which was founded in 2019, represents claimants who lost their land in areas such as Inanda, Glen Anil, Durban North, Riverside, Sydenham, Phoenix, Chatsworth, Avoca, Bluff, Merebank, and Pinetown, among others.
Last year, the ILCA took the steps of the Durban City Hall in an attempt to get answers.
“But to date, there is still no progress. In December last year I had a meeting with officials from the municipality’s speakers office and real estate department. I wanted answers as to what was happening with our claims and when they intended to restore it back to us. I am yet to get any feedback.”
Naidoo, who moved with his family from Red Hill to Phoenix, said he too wanted his family’s land back.
He lived on the one acre land which was owned by his grandmother. She was paid R12 000.
“I have been forced to run around for over 30 years. It is now time that our claimed lands be expropriated from the municipality by the national or provincial government and handed back to us.”