Key Points:
- Roger Smith, an East London attorney, sold his farm to Buffalo City Metropolitan Municipality nearly 20 years ago under threat of expropriation.
- As reported by Victoria O’Regan of Daily Maverick, Smith initiated a protracted legal challenge to regain his land.
- The court has now ruled in Smith’s favour, ordering the municipality to return the land and issuing a strong rebuke of its conduct.
- Smith described the legal journey as emotionally taxing, stating, “The fight was never just about land – it was about dignity and justice.”
- The case underscores the legal rights of landowners when facing undue pressure from authorities.
- Community and cooperative farm ownership models are increasingly emerging as alternatives to state-linked acquisitions.
- The ruling may influence other similar disputes across South Africa and possibly abroad.
An East London attorney has successfully won back ownership of his farm after nearly two decades of legal dispute, following a court judgment that criticised the Buffalo City Metropolitan Municipality for its handling of the land sale.
Why was Roger Smith forced to sell his land?
What led to the original sale?
According to Victoria O’Regan of Daily Maverick, Roger Smith, a legal practitioner and landowner in East London, sold his farm to the Buffalo City Metropolitan Municipality almost 20 years ago. The sale was made under the looming threat of expropriation. Smith has stated that he was pressured into the transaction, which, in his view, was never fully consensual.
In her report, O’Regan quotes Smith as saying, “I was made to feel like I had no choice. It was either sell, or risk losing everything without fair compensation.”
How did the legal battle unfold?
What actions did Smith take?
Immediately after the sale, Smith began seeking legal remedies. Over the years, he filed multiple affidavits and court applications, arguing that the sale was conducted under duress. The municipality, in its defence, maintained that the transaction had been legally sound and that Smith had willingly sold the land.
As detailed by Daily Maverick, Smith’s perseverance in navigating the country’s legal system eventually led to a full hearing in the High Court. During the trial, new evidence and testimonies painted a damning picture of municipal conduct, including internal communications that allegedly admitted to using pressure tactics.
What did the court decide?
What did the judge say about the municipality’s actions?
In a decisive ruling issued in May 2025, the High Court found that the Buffalo City Metropolitan Municipality had engaged in conduct that undermined property rights and fair legal process.
As reported by Victoria O’Regan, the presiding judge described the municipality’s actions as “coercive, inappropriate, and in direct violation of constitutional land rights.” The judgment declared the original sale null and void, and ordered the return of the farm to Smith.
The ruling further stated that “public entities must be held to a higher standard when dealing with citizen property rights. Any abuse of power erodes trust and breaches the very foundation of democracy.”
How did Roger Smith respond to the ruling?
What does this victory mean to him?
Following the verdict, Smith expressed profound relief and gratitude. He told Daily Maverick, “This win restores more than just land. It restores my faith in justice. I fought for nearly two decades, and now I can finally call my land mine again – legally and morally.”
He acknowledged the emotional and financial toll of the lengthy proceedings, adding, “It cost me years of stress, relationships, and resources. But the principle was worth defending.”
Could this ruling influence future land disputes?
What are the broader implications?
Legal experts have suggested that the court’s robust language could embolden other landowners who feel they were coerced into selling property under government pressure. The ruling reinforces the constitutional protection of property rights and sets a precedent for challenging sales made under duress.
According to land rights lawyer Thembeka Mazibuko, “This is a landmark moment. It sends a clear signal to municipalities and provincial governments that citizens cannot be bullied out of ownership.”
What is the context of farm ownership in East London and beyond?
Are there alternative models to private or municipal farm ownership?
Smith’s case arises amid growing interest in community and cooperative land ownership models, particularly in the UK. Initiatives like Sutton Community Farm in London illustrate how urban farming can be preserved and managed through community shareholding and nonprofit governance. Such projects aim to resist the pressures of commercial development and state acquisition.
A 2024 report by Stir to Action on family farm succession notes that “community land trusts and cooperative purchases are helping to keep farms in food production, especially as older farmers look to retire.” These models provide an alternative framework that may shield farmland from forced sales or municipal encroachment.
What are the policy implications of this case?
Will authorities review land acquisition protocols?
Though no official statement has yet been released by Buffalo City Metropolitan Municipality, legal observers say this case could prompt a reassessment of how municipalities handle land acquisition. It also may lead to calls for clearer protocols to protect landowners during negotiations with public bodies.
In Parliament, opposition MPs have begun questioning how widespread similar cases may be. One lawmaker anonymously told Daily Maverick, “We need an audit of all municipal land purchases going back 30 years. Who else was cornered into selling their land?”
What happens next for Roger Smith?
Will he return to farming?
Smith has not yet indicated whether he plans to resume farming activities on the returned land. However, he told Daily Maverick that the land carries deep personal and family significance: “This land isn’t just soil and grass. It holds my family’s stories. I may not farm it full-time again, but I will never give it up.”
He added that he hopes to inspire others to stand up for their rights: “If I could fight the system and win, maybe others can too.”
