Estate executor demands land back for unpaid balance
Innocent Selatlhwa | Tuesday July 2, 2024 11:39
Louisa Urquilla (in her capacity as Executor of the Estate of the late Johannes Welhemus Moller) wants to be a party in a case in which the trio is attempting to stop the transfer of a sale of a lucrative 1,730 hectares horticultural farm to a non-Motswana. In the tussle, three residents, Keitumetse Thamane, Ofentse Jacob, and Keletso Maribe, are taking legal action against government officials and private entities. The trio through Dinokopila Mmipi Attorneys, filed an urgent application on May 31, 2024, on an urgent basis to interdict the implementation and execution of the decision of the minister, made on March 6, 2024. The minister’s decision was to approve a controlled transaction for the sale of immovable property, being Portion 36 (a portion of 34) of the consolidated farm Stevensford No.5, 5-MQ, to Darn Co and Versfeld in disregard of the applicants’ objection as citizens.
Upon reading about the matter on The Monitor's sister title, Mmegi, Urquilla would apply to the court for a joinder in the matter as an applicant. Thamane, Jacob, and Maribe, who are applicants in the main case, are first to third respondents respectively. The Attorney General, Minister of Lands and Water Affairs, Permanent Secretary, and Ministry of Lands and Water Affairs are fourth to sixth respondents respectively. Darn Co Proprietary Limited, Frederick Pieter Versfeld and Dalene Goosen are seventh to ninth respondents while the Registrar of Deeds is the tenth respondent in the matter. Through Kebabonye Attorneys, Urquilla filed an urgent application to court that she be joined as the fourth applicant in the main proceedings. According to court documents, on or around December 14, 2018, at Francistown, the late Moller entered into a written Agreement of Purchase and Sale of Shares with Lodewikus Johannes Janse Van Vuuren in respect to the late Moller's entire shareholding in the company called Darn Co Proprietary Limited. Some of the terms were that the late Moller shall sell to Van Vuuren, who shall buy a total of 100% of the entire shareholding of the Dan Co Proprietary Limited.
At the time of sale, Dan Co Proprietary Limited was the registered owner of Portion 36 (a Portion of Portion 34) of the consolidated farm Stevenford No.5 – MQ. According to the documents, the farm that is now valued at P28 million’s purchase price payable for the shares was P9 million to be paid in three instalments subject to certain conditions. “It is common cause that Van Vuuren is a South African national. The implication therefore being that the transaction between the late Moller and Van Vuuren involved the transfer of agricultural land to a foreign national. In terms of Section 3(1)(i) of the Land Control Act transactions such as the one contemplated by the agreement between Moller and Van Vuuren shall only take place with the consent of the minister," they state. "In direct contravention of Section 3 (1) (c) of the Land Control Act, the minister's consent was not sought and/or granted prior to Van Vuuren acquiring interest and shares in the Darn Co Proprietary Limited, which company owns the aforementioned agricultural land." Furthermore, they state that Van Vuuren failed to pay the balance of the entire purchase price in accordance with the timelines provided for in the agreement between the parties. “Therefore, on 29th July 2022, the Applicant instituted an action against Van Vuuren. On the 29th September 2022, Mr Van Vuuren entered an appearance to defend through its attorneys of record. On the 19th October 2022, the Applicant duly filed the Plaintiff's Declaration and Affidavit of Facts. In response, Mr. Van Vuuren filed Special Pleas, its Plea over and Affidavit of Facts.
The aforementioned Special Pleas were duly argued before Judge President Modiri Letsididi on the 5th May 2023 and Judgment was scheduled to be delivered on the 8th August 2023 at 2:30pm. On the 7th July 2023, the Applicant's attorneys of record discovered a Notice published in the Government Gazette, dated 23rd June 2023, of a proposed transaction in terms of Section 5 (1) of the Land Control Act (Cap. 32:11). The Applicant's attorneys prepared the Applicant's Opposition to the Proposed Transaction on the 11th July 2023 and the Applicant has not received any feedback on the said complaint,” they state. In addition, they state that Urquilla filed an urgent application on July 14, 2023, before Justice Letsididi. The aforementioned urgent Application was overtaken by events when Justice Letsididi delivered his ruling on the Special Pleas on August 15, 2023. The applicants state that they duly lodged her appeal which is scheduled for a hearing on July 18.
The attorneys further state that unbeknownst to Urquilla, Darn Co, Versfeld and Goosen on July 14, 2023, filed the 're-advertisement' and obtained ministerial consent to proceed with the transaction on March 6. “The applicant only the learnt of the aforementioned developments on the 16th June 2024 by way of a newspaper article in the Mmegi newspaper. Having had sight of the reliefs sought in the urgent Application filed on 31st May 2024 by Thamane, Jacob and Maribe, the Applicant was prompted to file her application on the 21st June 2024,” they state. ‘You're abusing court’ In response, representing Darn Co, Versfeld and Goosens attorney, Sifelani Thapelo said the application is an abuse of court process for the reason that the applicant has dismally failed to demonstrate any urgency and whatever little urgency there is it's self-created. Furthermore, he said the applicant has failed to demonstrate the reasons why she says she cannot get substantial redress at a hearing in due course. He further argued that the applicant has no locus standi to institute this application for the reason that the farm doesn't form part of the estate of the late Moller. He also argued that Urquilla came late as the matter was already argued. “The application is incompetent and an abuse of court process for the reason that the application which the applicant is seeking to be joined as a party has been concluded with only a judgment waiting to be delivered. The applicant has dismally failed to disclose a cause of action for an interim interdict as against the seventh, eighth and ninth respondents. Wherefore the seventh, eighth and ninth respondents pray that the application be dismissed with costs on the scale as between attorney and own client which costs are to be paid personally by the applicant,” he said. Kebonang promised to deliver the judgment on the joinder this week.