One of the fracass was 'there was no consultation at all on Eerstegeluk' - there was and it was to the Roka Phasha for understandable reasons. Genorah did not meet with any challenging counterparty there
Genorah were aware of the Bengs intentions on Nooit. They tried a consultation but the chiefs intentions were made pretty much clear. Well the application was a first come first serve basis; one in section 16 MRPDA. MRPDA only requests consultation - does not require consent and does not define consultation; an inadequacy the concourt wants addressed. It was not until a year later that it bloomed on bengwenyama that they could apply via 104!!! - this is hard to believe; Terry Nahon is a South African lawyer - he formed Bengwenyama Min with Zet Mphanga. Both of them did not want a community application initially because that would mean a significant loss of the booty. They thought that their application was first in (as revealed by the Nkosis reply). As described by the high court and upheld by supreme court 104 was an afterthought.
As fas as soupiana goes - this may hold the answer to many of our confusions. why was this farms not challenged? Because a subsection of the Beng tribe with affiliation to the Royal council members and thus Genorah reside there and the chief had no say there.
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