Constantia land award threatens to hobble charity

Xolani Koyana

A RIDING school which has been using land in Constantia for the rehabilitation of disabled children for more than 30 years finds itself at the centre of a land claim that could see it evicted. They are to seek legal advice on how to remain on the land despite a Western Cape High Court judgment for the land to be transferred to the claimants, the Sadien family.

The 8.9-hectare state-owned property on Brommersvlei Road in Constantia, which is under contention, was awarded to the Sadien family by the Land Claims Court last month. They were forced to sell the Sillery Farm in 1963 under the Group Areas Act, which reserved certain areas for white people.

Although a decision is yet to be made on the property’s future by the family who made the claim, SA Riding for the Disabled (Sarda) says packing up three decades of work won’t be an easy task. Sarda rents the premises from the Department of Public Works and provides free riding classes to 200 pupils from 14 special-needs schools in Cape Town.

The chairwoman of the Cape Town branch of the school, Fenella Powles, said they had appointed an attorney for legal advice.

“We’re baffled as to how the land we’re leasing, erf 142, has been awarded to the Sadien family in respect of land known as erf 2274, Sillery Farm, Constantia, when their original land, erf 2274, is still vacant and still in the hands of the Badenhorst family,” she said.

“The apartheid laws of the previous government were iniquitous and devastated the lives of many families and communities, and while we fully support the restitution of rights, especially where people were dispossessed of their land, we do not agree that the land Sarda is situated on should have been awarded in this instance as it is zoned as community land.”

Powles said they had contacted attorney Ighsaan Sadien to arrange a meeting with the family, but were yet to receive a response. Letters had also been sent to the government and the city to establish what process the school should follow if they have to vacate. She said they were hoping that if the school had to move, alternative land in the area would be provided.

“All we need is 5 hectares.”

On Wednesday, the school’s management will hold a “way forward” meeting with volunteers and parents of children who make use of the facilities.

Ighsaan Sadien, who had helped lodge the case on behalf of the Sadien family, confirmed he had been contacted by the school but had not yet been able to respond. He said, however, they were keen to meet officials from the school.

Previously, the Land Claims Commission said it would facilitate a meeting with the parties.

xolani.koyana@inl.co.za