Mala Mala legal situation

Old Apr 10th, 2012, 06:46 PM
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Mala Mala legal situation

http://www.tourismupdate.co.za/NewsD...x?newsId=63226

Saw this article yesterday, thought this might be of interest to some of the readers .....
HariS is offline  
Old Apr 10th, 2012, 07:28 PM
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Thanks Hari.

At start of article -
"The Mhlanganisweni community started legal action a few years ago in the Randburg Land Claims Court against MalaMala for the restitution of their land."

I wonder if other Sabi Sand camps are concerned about "rightful" ownership? Kruger National Park also??

regards - tom
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Old Apr 10th, 2012, 08:02 PM
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There have been many, many land claims lodged now for many years. It is a complex and difficult process to resolve. There have already been cases settled. I am not sure how many remain unsettled in the area at the present time.
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Old Apr 10th, 2012, 09:14 PM
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There is a long, very ugly history to this situation. Pafuri (in the northern Kruger) exists In restitution to the local people, with WS taking a similar role that Londo wants. I hope it gets settled quickly and fairly for all. I did a research paper for grad school about similar situations - it is all very sad, not too different from how well we treat(ed) American Indians.
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Old Apr 11th, 2012, 02:55 AM
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Try this article;

http://m.news24.com/citypress/SouthA...claim-20120121

It explains things better ;-)

ciao,

J.
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Old Apr 11th, 2012, 11:51 AM
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So what does this mean for someone like myself who has been considering booking MalaMala for 2013?
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Old Apr 11th, 2012, 12:28 PM
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And another update:

http://www.tourismupdate.co.za/NewsD...x?newsId=63281
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Old Apr 11th, 2012, 04:13 PM
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Kath - it could take decades to resolve it. Just keep an eye out for news. It sounds like much of Sabi Sand and Timbavati will go through this. The land grab years ago was unfair - almost everyone agrees about that - but the question is restitution. It was a long time ago - how do you make an agreement about land that was stolen so long ago? I'm glad I don't have to decide this case. No easy answers.
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Old Apr 11th, 2012, 08:11 PM
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Thanks christabir, will definitely keep informed on this.

I'd hate to be involved in the decision making.
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Old Apr 21st, 2012, 12:46 AM
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Just received an email from MalaMala. the issue is thankfully resolved

"The MalaMala Family was delighted to receive the Judgment of the Land Claims Court late on the afternoon of the 19th of April 2012. It has been 12 years of uncertainty since the gazetting of the land claims on the MalaMala Game Reserve which culminated in a court process commencing in November 2009. Whilst we never allowed this threat to impact on our conservation agenda, we are relieved that the process is at an end."

The full document is on their website
http://www.malamala.com/communications.htm
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Old Apr 21st, 2012, 03:49 AM
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This outcome illustrates that South Africa's legal system is functioning in accordance with the law! This is great news. In Zimbabwe the family owners would have been beaten to death and their land occupied by militants.

Or........
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Old Apr 21st, 2012, 04:56 AM
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Thanks barboy. The referenced link says in part -

"Honourable Judge A. Gildenhuys, and Acting Judge of the Land Claims Court C.E. Loots and Assessor Prof. M Wiechers unanimously ordered that the restoration of the MalaMala properties to the claimant communities is not feasible within the parameters of the relevant law. The restoration will therefore not take place.

In their 37 page judgement, it is ruled, in addition to many other important issues, that:

In respect of MalaMala Game Reserve:
1. This eco-tourism philosophy, separating human development from the core wildlife areas, is very unusual in South Africa and serves to enhance both the wildlife viewing and the overall safari experience.
2. The MalaMala Game Reserve is world renowned. It has been at the forefront of commercial eco-tourism in South Africa from as far back as 1962. The facilities and the improvements at the Game Reserve are of a world-class standard."

and more

regards - tom
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Old Apr 21st, 2012, 10:31 AM
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Very happy to hear the issue has been resolved.
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Old Apr 21st, 2012, 01:07 PM
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"It is now incumbent on the South African Government to give attention to the claimant community and where relevant to see that these communities are adequately compensated for any losses that they may have suffered. We would encourage the expeditious resolution of this matter in the interests of all stakeholders and the land restitution process in South Africa."

Setting aside more land in the greater Kruger region would be good... Unfortunately people live on most of it now. Kick people off their land to compensate people who were kicked off their land. Ugh. No answers to these past actions.
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