A Win for Justice: Mnisi Brothers Granted Temporary Relief in Mpumalanga Land Dispute

In a significant step forward for indigenous land rights in South Africa, two brothers from Mpumalanga have been granted interim relief in their ongoing legal battle over grazing rights. The Mnisi brothers – Elvis and Philemon – say they’ve been fighting for years to have their late father’s rightful claim to land properly acknowledged. And now, after what the court described as a “deeply flawed process,” a judge has ruled in their favour – at least, for now.

Two Families, One History – and an Uneven Process

At the heart of the dispute lies a piece of land in Komatidraai. It’s a rural patch with enough grazing capacity to support a small herd – something the Mnisi family desperately needs for their 27 cattle. But that land is currently being transferred to 93-year-old Kuyiti Nkambule, another former labour tenant who secured it through a 2022 court-approved settlement.

What makes this case particularly complex – and poignant – is that both families were forcibly removed from the same original farm years ago when it was turned into a game reserve. Both submitted labour tenant claims around the same time. But while the Nkambules were granted access and security of tenure, the Mnsis’ claim was seemingly lost in the bureaucratic shuffle.

“Excluded Through No Fault of Their Own”

In handing down his decision, the judge noted that the Mnisi brothers had been “excluded from a statutory process through no fault of their own,” adding that this failure by the Department of Land Reform and Rural Development raised serious constitutional concerns.

To address this imbalance, the court granted the brothers permission to graze a limited number of cattle on part of the disputed land – an act of temporary relief rather than a final ruling. At the same time, the court ordered the Department and the Registrar of Deeds to urgently investigate the Mnisi family’s claim, placing a legal hold on any sale or transfer of the land in question.

And the clock is ticking: the Department has just 30 days to complete the investigation.

Image 1: Pexels

The Stakes Are More Than Legal

This case is more than just a land rights issue – it’s about the consequences of institutional failure. The Mnisi family, left on the “other side of the road” from where the Nkambules now graze their cattle, were reportedly limited to land with poor carrying capacity. Overgrazing followed. Some of their livestock died.

Social media has started picking up on the story, with commenters calling it a “classic case of rural injustice” and demanding more accountability from government departments tasked with handling land reform. Some have even compared the brothers’ struggle to other stalled or lost land claims across the country.

Preserving Fairness, Not Taking Rights Away

Importantly, the judge made it clear that the ruling does not revoke Nkambule’s rights. Instead, it introduces a narrow and temporary measure to ensure fairness while the state cleans up its own mess. In other words, it’s not about pitting one family against another – it’s about ensuring both get a fair shake.

“This is not a judgment on the merits of the Mnisi claim,” the court explained. “But where both parties are rights-bearers, and the state has failed to act, equity permits the court to intervene to prevent further injustice.”

No costs were awarded in the case, reflecting the Land Claims Court’s policy in cases where applicants are represented pro bono or supported by state funding.

The Bigger Picture

This case puts a spotlight on the broader state of land reform in South Africa. While the Mnisi family has won some breathing room, their story echoes a larger issue – claims stuck in limbo, families left in poverty, and a system that too often forgets those it was meant to uplift.

Whether this ruling turns into lasting justice will depend on what happens next – and whether the Department keeps its 30-day promise.

Also read: From Diesel to Renewables: UK-Africa Partnerships Target Cleaner Power at London Climate Week

Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram

For more News in Johannesburg, visit joburgetc.com

Source: IOL

Featured Image: Adobe Stock