Theo - affidavit
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I'll get around to commenting on this further as soon as I find out who witnessed the affidavit.
Here's the transcript, as near as I can make out. There's lots of blurred and unclear portions, but my opinion, for the record, is that one cannot sell a lamb for a price, and then claim to buy the sheep back for the same price because you didn't actually own the lamb in the first place. I've also commented at length about the previously racially discriminated legislation under which the Transkei Wild Coast falls; and that we should have the same rights to full freehold as the rest of South Africa. The sale was willing seller willing buyer, and while the price may have been ridiculously cheap, a man's word is his bond:
Mdes Affidavit (read by "impartial" party)
Theo: To all the people of this land who hold this space and the sea that was his life . . . he lived here and worked with the community. Something went wrong. And he wanted the community,… to tell them what happened. And why did he live as a stranger in his own property. He, uh, made an affidavit and I am going to read it so that you people can know the truth.
And his request was,… to ask .. .what he said to me… to ask my people to see that my son holds his own land:
I Douglas Deryck Lang declare under oath that in the first part of 1977 I was allowed by Chief Phali, the Tshezi traditional council, to occupy and reside permanently with my family on the identified piece of land. All procedures were followed, including calling of the Agriculture ministry, surveyors, for the deed markation of site Resolution of community of lower Nenga and accommodation to the State issued ? ? On the 13 of June 1979 I was issued by the State a PTO the site in proclamation 36 of 1936. In 1988 I (acceded my ?) proceded to start a business on the site accepting that lattice(?) giving accommodation and guided tours. In 1992 I allowed one Mr Fourie to operate the informal backpackers business. He continued until his death in 1999. On Mr Fourie’s death I was approached by the Malherbe brothers. And I agreed that they take over the business for a rent of R5000 per month. It escalated to R7000 in 2002 . In 2002 Mr David Malherbe approached me requesting that I sell him the tourism business portion of the site. On the understanding that his lawyers would attend to issues of planning, permission, sub-division and transfer. In other words his lawyers would see that we had had (??followed/complied) with the letter of the law. I signed an agreement on the 25 January 2003 with Mr Malherbe purporting to sell and cede a portion of the property that I was (???living/acting on?). I received the first deposit on account of sale and possession on the relevant portion of this due of R25000 on 23 Feb and the last installment was payed on the 27 of February 2005. R25,000 (reiterated for the translator). Mr Malherbe came back to me and said that his lawyers were encountering problems getting permission for sub-division. I also sought legal advice in my son Shane Lang. June 2005 I got a copy of the minister of Land Affairs response which said at this time it is the position the PTO facilitated(?) in terms of proclamation 36 of 1936 which grants him as lands right holder but not the land owner: Buying and selling of Trust land in South Africa is illegal. The Tshezi Traditional Council under who’s jurisdiction the Lower Nenga Admin area holds a similar view to Land Affairs.The honorable Thsezi traditional council also agreed that the so-called sale to Mr Malherbe or anybody else, of the land, or a portion of the land while it was occupied, they did not approve of it. The council said that the land could not be lawfully sub-divided or sold and can only be returned to the traditional council if I or my family no longer needed it. I advised Mr Malherbe of the situation and suggested that we revert the situation the portion before it was served and that I will refund his money. Mr Malherbe was reluctant to sign the lease suggested by Land Affairs ministry officials in his letter cited above. Through my son we wrote a letter to the lawyers of Mr Malherbe, uh, telling them that we will pay back his money, or otherwise he can offset the amount he paid as lease and sign a lease agreement. Uh, The lawyers of Mr Malherbe were(was) reluctant to do that. We made it very clear that the portion of the property known as “Joy’s Place” . . . we made it very clear… that the portion of the property is “Joy’s Places” was excluded of the old so-called sale and cession. I signed the agreement honestly believing and relying on the advice of Mr Malherbe that I had property to sub-divide and sell which belonged to me ////// ? realizing that I only have a license to occupy a portion of the land from my trust. Despite the (plight/fight ) of my lawyers and the lawyers of Mr Malherbe (????) and had received R800,000 from the EU and ECDC this was done behind my back and behind the back of the tribe, and apparently as recently as Nvember 2007 in articles published in Madiba (Imagine?) Magazine (govt gazette?) Mr Malherbe has repeated his (bold?) assertions that he owns the site that he has permission to occupy the said land… issued by the department of land affairs. Mr Malherbe’s actions are prejudicial and deeply contentious to me, to my children, to my Xhosa people. However I am still committed to refund Mr Malherbe what he paid… I repay to him… that. My Xhosa people take care of it. Thank you for loving me. Make sure that my oldest son gets my land. He is also a child from this life. Good luck, and good bye.