President Jacob Zuma’s R800 monthly rental for his 8.9-hectare Nkandla property is based on a traditional system of land ownership and, compared with his neighbours, he is paying a fair rent, the trustee of tribal land in KwaZulu-Natal, the Ingonyama Trust Board, says.
Judge Jerome Ngwenya, the chairman of the trust, denied Zuma’s position had influenced the rent he paid.
Zuma had paid for his portion of the tribal land in terms of traditional law, which predated the 1900s and the Ingonyama Trust, which was established in 1994.
Judge Ngwenya gave this explanation in response to a City Press article on Sunday that
revealed the rental – which the DA labelled “a blatant abuse of power” – Zuma paid for the site of his sprawling R200 million complex. He said Zuma had signed a 40-year lease, with the option to renew.
The article said ordinary Nkandla residents were paying more for their land.
In an interview with The Mercury, the judge said the tribal system allowed people to own land with the permission of the chief.
Once the leader gave permission, a once-off payment was decided between the parties. Thereafter, the landowner had the right to live on it without paying more.
Zuma, a member of the Nxamalala clan, would have “acquired” his land, which ultimately belongs to the Zulu king, when he reached maturity, and paid for his entitlement to it then.
Although the Nkandla land is run according to traditional law, Judge Ngwenya said some laws had been reformed to fit in with current financial realities, like the payment of rates.
New land applicants, or existing owners who wanted to develop their land, were required now to discuss with their chief what monthly rental would be suitable.
The size of the land, the nature of the development and its benefit to the community, and the person’s financial status were taken into account.
As Zuma’s rental was R800, Judge Ngwenya said, it was almost impossible that any other resident would be paying more – based on the president’s financial position compared with theirs.
“But, if anyone can show me a lease showing that this is not true, then I retract these words. We cannot go from a system where the land has been free and then ask for astronomical figures in rental,” he said.
The introduction of leases was new to traditional law, but needed to be aligned with modern systems.
“We came to the decision of 40-year leases because it allows for leases to be renegotiated, to keep up with the costs of administrating the land. After every five years, leases are subject to renewal, with new rentals decided, based on the state of the market and the changes taking place around the land.”
The 40-year lease may continue to be renewed as long as the holder is alive or there is someone else to take on the responsibility.
On Sunday, the DA’s spokesman on rural development and land reform, Mpowele Swathe, threatened to write to Public Protector Thuli Madonsela to ask that she include this latest development in her “Nkandlagate” probe.
“I will also write to the chairman of the portfolio committee on rural development and land reform, Stone Sizani, requesting that the minister, Gugile Nkwinti, and the Ingonyama Trust Board be summoned to Parliament to explain why communally owned land is being leased to the president at below market value.”
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