Mbabane – Ubombo Sugar Limited has approached the High Court seeking an urgent interdict to stop six individuals from allegedly constructing houses on its privately owned land in the Lubombo Region, arguing that the continued developments amount to unlawful occupation and could complicate future eviction proceedings.
In papers filed before the High Court under Case No. 1484/26, the company cites Mdumiseni Bailey, Simangele Dlamini, Banele Gulwako, Bon’sile Gulwako, Millicent Simelane and Zodwa Shongwe as the first to sixth respondents. Also cited are the Lunkuntfu Royal Kraal, Chief Mvimbi Matse in his official capacity and the Attorney General.
Ubombo Sugar is asking the court to immediately stop the respondents from continuing with any construction or development on the property known as the Remaining Extent of Farm 161 in the Lubombo Region while it prepares eviction proceedings. The company also seeks an order that the interim interdict remains in force until the eviction case is determined.
In a founding affidavit, Head of Corporate Affairs Leonard Ndzimandze states that the company owns the property and that construction is continuing without its consent or lawful authority. He says every day the work continues to further infringe on the company’s rights to possess, use and control its land.
The company argues that allowing the structures to reach completion would make it far more difficult and costly to restore the land should it succeed in future eviction proceedings. It contends that monetary compensation would not adequately remedy the damage caused by the continued occupation and development.
According to the affidavit, the disputed land forms part of several farms owned by Ubombo Sugar in the Big Bend area. The company says it previously leased portions of the property to the Government of Eswatini for the construction of public facilities, including a police station, post office, government offices and other public infrastructure serving surrounding communities. Additional land was later leased for the establishment of a Tinkhundla centre, and temporary settlements were permitted in connection with those developments.
The company says it later discovered permanent structures had been erected on the property. It alleges the occupation had been authorised by the Lunkuntfu Royal Kraal and Chief Mvimbi Matse, prompting meetings involving the traditional authorities, the Lubombo Regional Administrator, the Indvuna Yenkhundla and the area’s Member of Parliament.
Ubombo Sugar claims those meetings resulted in an acknowledgement that the property is privately owned by the company and that the traditional authorities had no jurisdiction to allocate land there. The parties also allegedly agreed that construction would stop and that no further sites would be allocated.
However, the company says that during inspections in May this year it found new structures under construction. It alleges the individuals involved claimed they had been given permission by the traditional authorities to continue building, despite the earlier agreement. When approached, the Seventh and Eighth respondents allegedly denied authorising any further development.
Ubombo Sugar maintains that the six respondents are actively carrying out construction without its permission and says an urgent court order is necessary to preserve the property pending eviction proceedings. The company argues it has established ownership of the land, faces irreparable harm if construction continues and has no adequate alternative remedy other than an interim interdict.
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