The political party Front National is lodging the single largest land claim in South African history to the Land Commissioner in Pretoria on Thursday, April 24. The claim will test the legitimacy, honesty and objectivity of the ANC-government regarding land claims.
The claim for the land, stretching from Ohrigstad eastwards to include the Kruger National Park, is the first of several claims being prepared. Front National claims that the intention of the Deed of Sale was to put the land under the guardianship of the “Dutch South African nation” as an ethnic group and was NOT intended as a sale to the then, or later, governments but for utilisation by the descendants now known as Afrikaner/Boer.
LAND CLAIM: OHRIGSTAD, MPUMALANGA
CLAIMANTS: I present the land claim on behalf of the natural descendants of the Dutch South African nation, commonly known as the Afrikaner or Boer. The claimants are those descendents identifying themselves as Afrikaners with the distinct characteristics of western/European outlook on life regarding language, culture, history and a sense of nationhood. This will exclude people not identifying themselves with the ethnic group in a political and cultural sense.
DESCRIPTION OF LAND:
The claim pertains to the land described in State Archives R117/1846, namely –
From Ohrigstad to the north till the Olifantsrivier, then downwards to the Delagoa Bay line; to the south till the Crocodile River; to the west to Elandspruit till the 26 degrees line; east till where the Crocodile River joins the Komati River.
REASON/DATE OF LAND CLAIM
The said land is the property of the Dutch South African nation as described above and according to the Deed of Sale, should by administered by the Dutch South African nation ONLY. This right was unilaterally taken from the Dutch South African nation/Afrikaner on 27 April 1994 and is currently administered by the South African Government in contravention of an international deed of sale between two nations’ descendants.
The land was legally obtained for the Dutch South African nation as an ethnic group to be administered by such ethnic group and was only in custodianship of the SA government pre-27 April 1994 because the said government was regarded as descendents of the ethnic group. There was no legal right to hand this land over to a “foreign” government in April 1994 away from the original ethnic group.
We claim the said land as our ancestral land of the Dutch South African nation/Afrikaner; duly bought and paid for on July 25, 1846 as an ethnic group and not as individual landowners.
LEGAL SALE/PURCHASE
The sale of said land on July 25, 1846 were between King Masous (representative of the Zulu) as seller; and Commandant SJZR Burg (representative of the Dutch South African nation) as buyer and a copy of the agreement is filed in the Government Archives under file R117/46.
The original agreement is in Dutch and apart from King Masous, the following witnesses signed for the Zulu nation: Samkoela (chieftain), Makienkaan (chieftain), Mandalea (chieftain). As witnesses for the Dutch South African nation it was signed by WF Joubert, JC Steyn, JM de Beer (field cornets), L de Jager, J Lotter, H Breytenbach and PJ Coetzer.
The sale was conducted at Kjakas Kraal, Umkumaas.
It states: (in Dutch) …ten dienste van de Hollandsche Zuid Afrikaansche Natie die thans binnen dat grond zyn en noch in vervolg door de wettige gezag onder hun ter inwooning zal gepermitteerd worden…
In English it states that the land is sold to those members of the Dutch South African nation and “those who in future will be permitted by their legal guardianship (not Government)…
PAYMENT FOR THE LAND
The receipt for the payment of the said land is filed in the Government Archives in 1846 and the copy was certified by State Secretary NJR Swart.
The receipt for the last payment in cattle was received in January 1856 and also includedin the Deed of Sale of July 21, 1855 to conclude the sale.
The receipt was issued by Maloenke (Zulu representative) at Tabankolea on February 5, 1860 and signed as witnesses by chieftains Sonagla, Jogo, Santlant, Omglagen, Malayde, Kaompeunis and Kampa. Commandant WF Joubert signed for the Dutch South African nation with FJ Joubert and H Joubert as witnesses.
CLAIM:
1. Flowing from the above there an be no doubt that the said land, as stated in the sale agreement, was the property of the Dutch South African nation, nowadays known as Afrikaner or Boer.
2. There is no doubt that the land was not turned over to private ownership, but that it was to be put under the guardianship of the legal governance of said ethnic group, and not under the South African Government.
3. There is no doubt that the sale and purchase were legal and binding and that the purchase was fulfilled.
4. There is no doubt that the descendants of the Dutch South African nation did not by any means turn over the utilisation and control of such land to any government, the South African Government included, but that the land should be utilised and controlled by the descendants of the ethnic group and those they permit to settle there. This right was at no stage turned over to the South African Government on April 27, 1994 by the descendants of the ethnic group.
5. As the only legal, registered political party representing only descendants of the ethnic group known as Afrikaner or Boer, FRONT NATIONAL lay claim to the land to form an ethnic controlling body in terms of our traditions, culture, language, and Western outlook on life as intended by our ancestors.
HANNES ENGELBRECHT
LEADER: FRONT NATIONAL
