need to be redefined slightly. The following issues remain for determination by this court: 10.1 Whether the defendants are in lawful occupation of the land in question and whether they occupy such land in terms of customary land right; 10.2 Whether the plaintiff is under an obligation to consult and compensate the defendants in terms of article 16(2) of the Constitution read with the Compensation Policy Guidelines on Communal Land before it is entitled to an order for eviction; The Evidence Plaintiff called two witnesses, Mr Patrick Lifasi Lilungwe and Mr Ntesa Mahoto. Mr Lilungwe is the Acting Chief Executive Officer of the plaintiff and Mr Mahoto is a Surveyor Technician employed by the plaintiff. The defendants also called two witnesses, Mr Evans Sankasi Maswahu (first defendant) and Mr Liswani Edwin Kambinda (fourth defendant). The second and third defendants did not testify. Mr Lilungwe in his evidence dealt with how the plaintiff acquired Farm Katima Mulilo Townlands No 1328 (hereafter referred to as Mulilo “Katima the area from which the plaintiff seeks to evict the Townlands”). He identified defendants which is commonly known amongst all parties concerned as Kambinda Village/Kazauli Village. I simply refer to it as Kambinda Village. The boundaries of Katima Mulilo Townlands are identified on Diagram 332/91 which is annexed to the Certificate of Registered State Title which was issued to Government on 18 November 1991 and endorsed in favour of the plaintiff in terms of section 3(3)(b) of the Local Authorities Act, Act 23 of 1992 on 10 September 1998 (Exhibit A). Mr Lilungwe identified the area from where the plaintiff seeks to evict the defendants with an X on the diagram. The area is close to the which beacon “O”
need to be redefined slightly. The following issues remain for determination by this court: 10.1 Whether the defendants are in lawful occupation of the land in question and whether they occupy such land in terms of customary land right; 10.2 Whether the plaintiff is under an obligation to consult and compensate the defendants in terms of article 16(2) of the Constitution read with the Compensation Policy Guidelines on Communal Land before it is entitled to an order for eviction; The Evidence Plaintiff called two witnesses, Mr Patrick Lifasi Lilungwe and Mr Ntesa Mahoto. Mr Lilungwe is the Acting Chief Executive Officer of the plaintiff and Mr Mahoto is a Surveyor Technician employed by the plaintiff. The defendants also called two witnesses, Mr Evans Sankasi Maswahu (first defendant) and Mr Liswani Edwin Kambinda (fourth defendant). The second and third defendants did not testify. Mr Lilungwe in his evidence dealt with how the plaintiff acquired Farm Katima Mulilo Townlands No 1328 (hereafter referred to as “Katima Mulilo Townlands”). He identified the area from which the plaintiff seeks to evict the defendants which is commonly known amongst all parties concerned as Kambinda Village/Kazauli Village. I simply refer to it as Kambinda Village. The boundaries of Katima Mulilo Townlands are identified on Diagram 332/91 which is annexed to the Certificate of Registered State Title which was issued to Government on 18 November 1991 and endorsed in favour of the plaintiff in terms of section 3(3)(b) of the Local Authorities Act, Act 23 of 1992 on 10 September 1998 (Exhibit A). Mr Lilungwe identified the area from where the plaintiff seeks to evict the defendants with an X on the diagram. The area is close to the beacon “O” which