The Davhana Traditional Council was reined in by the court two weeks ago when an urgent application was granted, stopping them from demarcating and selling land without consulting farm owners and obtaining the necessary consent.
The legal action stems from a dispute between the local traditional leader, Vhamusanda Vho Frank Davhana, and Mr Mafhungo Takalani Ramavhunga, son of the late Mr Nyamukamadi Ramavhunga, who owned the farm Doornspruit 41 near Mpheni.
Ramavhunga accused Davhana of unlawfully selling farmland, dividing the community and undermining legitimate landowners. He explained that during a visit to inspect his farm, he discovered several stands being laid out on his property. He also encountered individuals responsible for allocating stands, who claimed they were acting within their rights.
One of the "buyers" of the land is said to be the well-known bus company Phadziri Brothers Enterprises, who apparently planned to establish a bus depot there. Phadziri Brothers were listed as one of the respondents in the case.
Ramavhunga said he had heard that Davhana had lodged a land claim on the farm on behalf of the local community, but no formal documentation had been served to him, nor had he seen any notice of the claim being gazetted.
"I met with Davhana on my property, where he was busy allocating stands, cutting down trees and clearing demarcated areas. He never involved me, as the legal owner, in any discussions," said Ramavhunga.
He added that the situation amounted to a clear threat of invasion of his property. "Given the history of unlawful occupation of land and the legal challenges landowners face in trying to evict illegal occupants, the only viable remedy is legal relief against the intended unlawful actions by the respondents," he said. "I am the rightful owner of this land. I cannot sit by while Davhana sells my farm without permission. I warned him not to continue with these actions until the issue is resolved."
The matter reached the High Court in Thohoyandou on 10 June, where Judge Violet Semenya ruled in Ramavhunga's favour. The court interdicted the respondents from allocating, demarcating or promoting the occupation of any portion of the disputed farm. They were also prohibited from carrying out any construction on the property for any reason.
In response, Vhamusanda Vho Frank Davhana maintained that he was the rightful owner of the farm, claiming the land had been granted to him by the former Venda government. He denied trying to sell any portion of the land. However, when asked by Limpopo Mirror who was responsible for the alleged land sales, Davhana failed to provide an answer.
Several other farmers in the area have also voiced complaints, accusing Davhana of selling off portions of their land. Some community members further alleged that Davhana had damaged ancestral graves in the area.