Mbabane – The High Court has ordered occupants of Farm 1151, also known as the Magindaneni area in the Shiselweni Region, to vacate the property within five days after confirming an eviction order against them.
The order was issued by consent on Tuesday, July 7, 2026, after the court confirmed a rule nisi granted on December 12, 2025, which had restrained the respondents from trespassing, allocating land or constructing structures on the farm without authority.
The application was brought by Simon S. Zwane N.O., the Principal Secretary in the Ministry of Housing and Urban Development and Chairperson of the Magindaneni local authority, Shiselweni Regional Administrator Themba Masuku N.O., and the Attorney General.
The applicants had approached the court seeking an order stopping individuals from occupying the land unlawfully and demolishing any structures erected without approval.
The respondents cited in the matter are Nkosingiphile Dlamini, Kingdom Mbuli, Mduduzi Sibandze, Leon Canny, Nomvula Nkonyane, Chief Mthunzi Mdluli N.O., and the National Commissioner of Police.
According to Zwane’s founding affidavit, Farm 1151 was declared a controlled area in 2001 through General Notice No. 58 of 2001 issued by the Minister of Housing and Urban Development.
He stated that a new local authority was appointed in 2025 through Legal Notice 40 of 2025 under the Building Act of 1968 to oversee the area. The authority consists of Zwane as chairperson, Masuku, Makhosini Mndawe, Babsy Mavuso, Albert Dlamini and Simphiwe Dube.
Zwane said the land had been reserved for commercial development intended to transform the surrounding area economically.
He told the court that authorities had warned members of the public against occupying the land through national radio announcements, public meetings and individual warning letters issued to the first five respondents.
Despite the warnings, Zwane alleged that the respondents continued with construction activities and refused to comply with instructions from the local authority.
He further accused Chief Mthunzi Mdluli of operating a parallel administration by allocating portions of land within the boundaries of Farm 1151, despite being cautioned against doing so.
However, Sibandze, the third respondent, opposed the application, arguing that his occupation was lawful and protected by the Constitution.
In his answering affidavit, Sibandze relied on Section 20 of the Constitution of Eswatini, which provides for equality before the law and protection from discrimination.
He argued that he acquired his land through the customary practice of kukhonta after paying a customary cow to the chief and the inner council of Mashobeni.
Sibandze claimed that his land did not fall within Farm 1151 but was instead Swazi Nation Land allocated under the authority of Chief Mthunzi Mdluli.
He said the land had previously been used as fields belonging to a nearby Nhlabatsi homestead.
Sibandze also disputed receiving any warning letters, saying the cellphone number linked to his name did not belong to him. He claimed the legal action was discriminatory because other homesteads in the area had not been targeted.
He further stated that he had been advised by traditional authorities to continue with construction and that the matter would be addressed after the Incwala ceremony.
Sibandze requested that the court conduct an inspection in loco to determine whether his structure was located within Farm 1151.
In response, Zwane maintained that the farm was state-reserved land and not Swazi Nation Land.
He rejected the request for an inspection, arguing that satellite imagery clearly showed that the structures built by the respondents fell within the boundaries of Farm 1151.
Zwane also pointed out that Chief Mthunzi Mdluli, despite being cited as a respondent, had not filed any papers opposing the application or challenging the government’s claim over the land.
Following the consent order, the court directed that the respondents vacate the property within five days from July 7, 2026.
Ms SN Zwane, who represented the applicants, was ordered to serve the court order on Mr B Ngcamphatala, the attorney representing Sibandze, on the same day.
The Shiselweni Station Commander of the Royal Eswatini Police Service (REPS) has been directed to submit a report to the court by July 16, 2026, confirming whether the respondents have complied with the eviction order.
The remaining respondents will be served with the order through the Nhlangano Station Commander.
The matter has been postponed to July 17, 2026, for the court to receive an update on compliance and to determine the issue of legal costs.
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