A disputed community meeting in Esitjeni under the eNkhanini Chiefdom was called off on Saturday after Indvuna Lusendvo Fakudze obtained an urgent High Court interdict, citing fears of violence and illegal parallel governance.
The legal showdown pits Fakudze and his co-applicant Ntokozo Dube against ousted Indvuna YeMcuba Lusekwane Motsa and several others, including Mndeni Mndzebele, Make LaMtsetfwa, and Vusi Dvuba. The applicants argued that the respondents had unlawfully convened a meeting and were operating outside the authority of the recognised local leadership.
According to court submissions, tensions flared after Motsa, who was dismissed from his role in March for insubordination, continued to act in an official capacity. On May 20, Dube heard a radio announcement on SBIS about a community meeting scheduled for Saturday—allegedly organised by Motsa.
Dube stated in his affidavit that Motsa’s actions were creating confusion and instability in the area. The applicants feared the meeting could trigger clashes, with reports that one group of residents had threatened to use force to block the gathering.
Senior Crown Counsel Sibonginkosi Dlamini, representing Fakudze and Dube, told the court that the respondents were operating without the mandate of the chiefdom. She also revealed that the conflict extended to land disputes. In one case, Dvuba allegedly allocated land to another individual without the approval of the rightful landowner or the chiefdom. Construction had already started on the disputed plot, with reports that the land belonged to a disabled person whose family approached the chiefdom last month to protest the allocation.
The applicants argued that waiting for the normal court process would render the case meaningless, as the meeting would have already occurred. They requested urgent relief due to the possibility of violence and the ongoing illegal developments on communal land.
Judge Masuku granted a rule nisi and scheduled the matter for June 6, when the respondents are expected to explain why the interim interdict should not be made permanent. Until then, the meeting remains prohibited, and Motsa and his associates are barred from calling further gatherings, allocating land, or continuing any construction activities on contested plots.
Dube maintained that Motsa has no legal authority to summon community members. He added that Motsa’s dismissal was formalised in a letter issued on March 15 following a disciplinary process.
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