ST AUGUSTINE'S MASOTSHENI ? IS IT JEALOUSY OR JUST BEING TERRITORIAL?

THE INGONYAMA TRUST

I indicated earlier on that , my village falls under the land that is administered by the Ingonyama Trust.
Ingonyama Trust is a corporate entity that was established to administer the land traditionally owned by the Zulu people , represented by their king , for the benefit , material welfare and social-being of the Zulu nation , who continue to occupy the land , as they historically have done ( Ingonyama Trust Wikipedia). Ingonyama Trust was established in 1994 to manage the land owned by the the government of KwaZulu immediately prior to the Act's commencement (Centre For Law and Society). The Trust was established by the KwaZulu-Natal Ingonyama Trust Act , which was enacted by the KwaZulu Legislative Assembly and came into effect on April 24th 1994 . The trust land vests in the Ingonyama , King Zwelithini , as a trustee , on behalf of members of communities defined in the Act . The Act was significantly amended in 1997
to create the KwaZulu-Natal Ingonyama Trust Board to administer the land in accordance with the Act .

I will dwell a little bit on the Act and it's understanding , I prefer to specifically use the Centre For Law and Society(University of Capetown)Factsheet titled ' Land Rights under Ingonyama Trust' for this purpose .
There are six key provisions of the Ingonyama Trust Act , that I would like to briefly highlight ;

. The Trust shall be administered
for the benefit , material welfare
and social well-being of the
members of the tribes and
communities as contemplated in
the KwaZulu Amakhosi and
Iziphakanyiswa Act .

. The Ingonyama shall be the
Trustee of the Trust.

. The Ingonyama may , subject to
the provisions of the Act ,deal
with the land in accordance with
Zulu Indigenous Law .

. The Ingonyama shall not
encumber , pledge , lease,
alianate , or otherwise dispose
of any of the said land or any
interest or real right in the land
unless he has obtained a written
consent of the traditional
authority or community
authority concerned.

. The implementation of any Land
Reform program shall be
after consultation with
Ingonyama.

. In the execution of his functions
the Ingonyama shall not infringe
upon any existing rights or
interests .

It is of utmost importance for anyone who live in the land that is administered by the Ingonyama Trust to familiarize himself/herself with this Act . While the Trust has wide powers to manage the land , the law also provides that the land rights of individuals and communities under the Trust must be respected by the Trust . The Trust administers some 2.8 million hectares of land across KwaZulu-Natal . I have indicated above , that a written consent of traditional leaders should be obtained before any steps are taken in regard to land rights . The community however , can still challenge the Trust , in cases where the Trust is seen as not acting in the best interest of the communities . In other words , if the Trust enters into an agreement about land rights that will be harmful to the community , it can be challenged . Someone might be asking , what about the title deeds . My answer would be ;" that's business for another day ". I will , therefore , dedicate another segment in the near future , and specifically , look at the title deeds matter in the context of the present land status in the Ingonyama Trust administered territory .
The Act establishes that the Ingonyama may administer the land in accordance with the Zulu Customary Law , and also states that the Ingonyama shall not interfere with existing rights or interests to the land ( Factsheet. Centre For Law and Society). The Institute for Poverty , Land And Agrarian Studies ( PLAAS) conducted a study of Customary Law in UMsinga , and it was able to observe the following ;
When an outsider is given access to land it is not sufficient for them to merely receive the approval of the Inkosi or an Induna . The demarcation of the land must include the consultation of the Ibandla and the potential neighbors of the outsider applying for land . A very interesting point indeed , this was also a standard practice in our village . The outsider would usually be introduced by a member of our community who is known to him , and during the probation period , that member who introduced the outsider would be responsible for him , and make sure that the newcomer has got good morals which are inline with those of the community . This was all done before the outsider is allocated land .