Dodgy plot sales rock Ha Bua-Sono

RELEBOHILE TSOAMOTSE

BEREA – A concerning trend of illegal plot sales and title transfers has emerged in Ha Bua-Sono, a growing rural village located approximately 22 kilometres outside the Central Business District (CBD) of Maseru. At the heart of this illicit activity are key figures such as local chiefs, councillors, government officials, and even family members who are betraying one another to facilitate the unauthorised sale of plots belonging to absent or deceased relatives.

Public Eye has gathered that the market value of land has surged, thanks to a cannabis project in the vicinity introduced in recent years. The inception of this project led to a significant spike in land purchases, subsequently contributing to an overall economic boost in the area. Alarming reports indicate that at least five individuals have lodged complaints about the unlawful transfer of ownership of their plots, with some only realising the loss of their land after new “owners” have already constructed houses on the contested plots. The situation has escalated to the point where some villagers have discovered the transfer of their residential plots while still residing on them, underscoring the severity of the issue at hand.

’Mapalo Majota

One resident facing such challenges is ’Mapalo Majota. She and her late husband, Notsi Majota, inherited several fields from their father. However, after their father’s passing, numerous individuals, including children from three other wives, asserted claims to the property, including the specific sites. Despite inheriting several fields, Majota found herself embroiled in disputes over the land. Some claimants, who happened to be children of the late Notsi Majota from different marriages, sought ownership through the area chief, ’Matumo Thamahane.

With the chief’s intervention, these claimants successfully secured rights to certain sites. Majota was left with only one plot, and after constructing a two-roomed house on it she faced further challenges when the same children contested her ownership. Fortunately, the area chief ruled in her favour after a series of hearings at the headman and area chief levels.

In September 2018, Majota received a summons to appear before the Berea Magistrate’s Court in October. During the proceedings, her two sons were initially present but were asked to leave the courtroom upon arrival. The presiding magistrate, whose name she cannot recall, informed her that she was being sued for the illegal occupation of someone else’s site. Perplexed by the accusation, Majota inquired about the specific site in question. The magistrate asserted that it was the one where she currently resides.

In response, Majota clarified that she was not aware of any illegal occupation and emphasised that the land she lived on had been given to her late husband by his father. Allegedly, the magistrate insisted that she was unlawfully occupying the disputed land and advised her to seek legal representation. This added a layer of complexity to Majota’s situation, prompting her to involve lawyers to defend her case.

“I was told to inquire about legal aid and had to travel to Legal Aid offices in Maseru on the same day where I was told that I have append my signature to a document authorising our father’s third wife as the heir.” Majota says at the time she was working in neighbouring South Africa as a housekeeper and was told to go back to court in the same month of October.

“I went back to work and spoke to my bosses to release me for the court case, but on the day, no one was pursuing the case until we later learned with my lawyer that the case had been postponed,” she adds. She says it was postponed to the following year and that after numerous requests to ask her bosses to allow her to attend the case, they decided to release her. “I stayed at home, but I was no longer receiving updates about the case, but sometime in 2019 I was served with a court order by someone who identified himself as a messenger of court.”

The court order is despite Majota not having been to any court sessions, and it is from the Land Court division of the Maseru High Court by Judge Polo Banyane. “Having read the papers filed, it is ordered that the appeal be dismissed with costs.” The reason for the delay in executing the order three years later remains unclear. The order is dated April 29, 2021, with the High Court Assistant Registrar stamp of August 2, 2021, and the Berea Magistrate Court stamp of August 10, 2021.

Despite the legal documentation, Majota continues to face unsettling incidents. Unknown individuals periodically visit her home, claiming ownership of her plot and demanding that she vacates. Even the police have visited, issuing threats. Adding to the complexity, Majota has been approached by individuals, including Indians, also claiming to have purchased her property. The situation raises questions about the validity and enforcement of the court order.

’Mapoloko Kokotela, formerly Belina Mohapi, shared her own distressing experience. In 1981, she was awarded a plot by the then headman, Lebina Thamahane, residing in Ha Bua Sono before relocating to Clocolan, South Africa, where she works as a domestic worker. Upon returning home years later, Kokotela discovered construction on her plot, allegedly sold by her late sister-in-law. The headman, (Matumo) Thamahane, facilitated the sale despite Kokotela possessing a Form C designating her as the lawful owner.

When Kokotela questioned the construction, she was met with denial from the headman and a claim that a fire in the office had destroyed crucial documents. Elderly villagers, however, refute any recollection of such an incident. Kokotela believes her plot was sold to a well-connected policeman, potentially related to someone in the Senate. Despite presenting evidence, the headman falsely asserted Kokotela’s ownership when the matter was escalated.

Another resident, who chose not to be named, disclosed a similar plight. Her Form C was altered without her knowledge, and a house jointly owned with her now-separated husband was sold. She purchased the plot in 2016 from a councillor who also happened to be a relative. Going by the pseudonym *Thato, she revealed that, despite being eligible for a plot allocation, she was asked to pay M12,000 due to her village’s location outside the designated allocation area.

“I paid M7,500 and later received a Form C until my husband and I were able to build a house that I learned has been sold now. “My husband and I later fought, and when he expelled me from our house, I reported it to the headman, who said the husband had already informed her and said he was not willing to sit down for mediation.” Thato states that she approached the area chief, Sekhobe Molapo, to report the unauthorised change in the lease name without her knowledge.

She was advised by the chief to obtain an approval letter from the headman before seeking further assistance. Subsequently, she visited the Maseru Magistrate’s Court, where she sought legal aid services. The lawyer she consulted recommended filing for divorce due to the house having already been sold. “We are currently in the process of getting divorced, but my husband is not attending the scheduled dates.”

Public Eye made attempts to contact Chief Thamahane to address the allegations raised against her during its visit to her office this week. Unfortunately, no response was obtained.

Nkeletseng Mokoma shared her experience, stating that she was residing in her aunt’s house when family members forced her out following the grandmother’s passing. Those who forced her out claimed that she was not the rightful occupant, asserting that the late grandmother had bequeathed the plot to her niece.

They served her with a court document, stating that it ordered her to vacate within three days. However, upon closer examination, it was revealed that the document was a notice of application in which the complainant sought an interdict to prevent her from continuing to occupy the house. Another family member, who chose to share their story later, confirmed being entangled in a land dispute with a fellow villager. This dispute arose after the headman facilitated the sale of their inheritance.