Kempton Park | Wednesday
SEVENTY-three Thembisa residents arrested land month for illegally occupying state land in Bredell, Kempton Park, were not trespassing, Kempton Park Magistrate Karen Pillay ruled on Tuesday.
Pillay found that because the accused had thought they had legitimately bought the plots, and the state had failed to adequately warn them that they were trespassing, they were in fact not doing so.
They were arrested on July 2 when police stormed the area and held them for illegally occupying the land.
Defence attorney Makgorometjie Makhahlele told the court that his clients, mostly elderly people, had flocked to the area after seeing a circular in Thembisa stating there was land available for homeless people.
He said his clients moved to the area after paying R25 for plots of land from Pan Africanist Congress officials.
The court earlier heard that Zodwa Mosukutu, a deputy-director in the Department of Land Affairs had been present on the day but had not warned the accused that they were trespassing on state property.
She told the court she had arrived in the area after hearing there were problems in Bredell. She said the only people who had the right to be there were the families of 24 contractors employed by the provincial department of public works to work in the area.
She said Mosukutu, who was regarded as the complainant, had failed to prove that the accused were warned when she visited the area.
Pillay advised the freed people to press fraud charges against a man arrested in connection with selling the plots.
”Next time you want to buy a piece of land, make sure you get legal advice first before investing your last money in a scam. Let us work together as a community to avoid criminal activities. We do not wish to be like Zimbabwe, which is totally lawless at this stage,” she said.
Pillay also issued warrants of arrest for 17 people who failed to appear in court. – Sapa