Three communities lost their final legal battle on Thursday for the restitution of a portion of the Lohatlha army battle school in the Northern Cape as their ancestral land.
In a unanimous judgment, the Supreme Court of Appeal dismissed an appeal by the Khosis, Gatlhose and Maremane against a Land Claims Court (LCC) order in this regard.
Appeal Judge Louis Harms found it was in the public interest to retain the battle school, and that it could not be moved.
"Undeniably, the umbilical cord that joins any particular community and its ancestral land is strong and it has a highly emotional element that has to be respected. That does not, however, mean that all other public interest considerations should be ignored," the judgment reads.
"Land is finite and there are millions out there who also wish to have their share. All claims and aspirations cannot be satisfied. A balance must be struck and the limited resources of the country must be considered."
The Lohatlha battle school covers some 1580 square km - of which about 62,000ha was the subject of a restitution claim by the three communities.
The minister of defence and the Northern Cape premier have obtained an LCC order that no part of the battle school area would be restored to any of the communities.
The land claimed was formerly known as the Maremane and Gatlhose native reserves. Some 9000ha of the area was the subject of the Khosis claim.
Under apartheid laws, the reserves were identified as "black spots" - with some 12,000 people removed in 1976 and 1977 and relocated to the former Bophuthatswana.
The Khosis, classified as coloureds at the time, were allowed to stay after the land was obtained by the defence force in January 1978.
Their living area became encircled by the battle school, with the movements of the community and its livestock severely restricted, resulting in conflict between the Khosis and the defence force.
In 1990, a majority of the Khosis community agreed to be relocated to nearby Jenn Haven, a 14,000ha tract of land. The area was allocated to the Khosis in exchange for the land claimed, and the majority of the community moved during 1992.
A portion of the Khosis community known as the Free group, after their leader Joseph Free, opted to remain on the battle school grounds.
The group, which has consistently refused to relocate, now numbers 127 individuals.
The Gatlhose and Maremane communities and some of the Khosis have accepted monetary compensation equal to the value of the reserve land, in addition to being allowed to stay on the land allocated to them after their forced relocation.
The Gatlhose and Maremane joined the Khosis appeal but did not actively pursue it.
The judges criticised the Free group's intransigence. A number of community members, including children, have been killed in explosions in the battle school area.
Educational facilities for 27 pupils were inadequate, there was a lack of drinking water and sanitation, and living conditions posed serious health risks.
"The Free group should have left Lohatlha before those persons died and before social conditions deteriorated to an extent where children have to suffer because of the ideals of their parents," Harms said.
He was also critical of the effects of delays in finalising the land claim on the Gatlhose and Maremane.
They lived on land insufficient for their needs, and were unable to use money set aside for the purchase of additional land because of the lengthy court challenge.
Harms said the battle school was a national asset and essential for the SANDF's training. It was indispensable in meeting the Constitutional requirement of a disciplined military force.
There was no alternative land in the country for the erection of a similar school, he said.
The area was heavily contaminated with unexploded munitions and was not fit for human or animal habitation. A 1996 estimate of the clearing costs amounted to UK7.9 million or about R95 million - many times the value of the land.
The Khosis area alone could be made safe at a cost of between R300 and R350 per hectare. The land itself was valued at R400 per hectare.
Harms said the Khosis' presence on the grounds hampered military training. New weapons could not be tested fully and the community's access road traversed the battle area.
Taking into account these facts, the court was not convinced that the LCC had erred, he said.