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21 December 2020 - NW3001

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Winkler, Ms HS to ask the Minister of Agriculture, Land Reform and Rural Development

With reference to the briefing by her department to the Portfolio Committee on Environmental Affairs, Forestry and Fisheries on 13 October 2020, wherein it was stated that her department is still drafting various pieces of legislation to further clarify animal welfare requirements, (a) what are the details of the specific legislation currently under review, (b) what is the status of the review process, (c) on what date will the necessary public participation process commence, (d) on what date will the draft legislation be made public and (e) what is the latest draft amendment thereto?

Reply:

a) An Animal Welfare Bill is being drafted which will repeal the Animals Protection Act, 1962 and the Performing Animals Protection Act, 1935.

b) The drafting and consultation towards the Animal Welfare Bill is currently limited to structures within the Department of Agriculture, Land Reform and Rural Development. A phase 1 Socio-Economic Impact Assessment approval for the development of the Animal Welfare Bill was granted in 2019.

c) There are no specific dates that have been set yet for the gazetting and/or release of the documents for public consultation. However, consultation with stakeholders on the Bill will be undertaken during the 2021/2022 financial year.

d) Please refer to (c) above.

e) The Department is not working on any draft amendment in relation to the subject matter. The response in (a) above clarifies that new legislation is being drafted.

21 December 2020 - NW2176

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Breedt, Ms T to ask the Minister of Agriculture, Land Reform and Rural Development

(1) On what basis does her department continue to support the contested export of live animals, such as the export of thousands of sheep from the Northern Cape, via East London to the Middle East, given the cruelty to the animals and the potential loss of local jobs and loss of income; (2) how does her department intend to replace the jobs and income lost to the local farming communities and the meat processing industry and its dependants; (3) what progress has been made with the introduction of a proposed new Animals Protection Bill, undertaken by her predecessor in 2013 in the National Assembly, and pending this, regulations governing live export, especially in anticipation of the new export trade with Kuwait and the ongoing export of cattle to Mauritius; (4) whether she will make a statement on the matter?

Reply:

1. The National Development Plan (NDP) articulates the importance of both the domestic and exports markets towards realization of the inclusive growth of the agricultural sector. Further, the strategic plan of the Department supports cogent and sustainable agricultural business practices that will ensure economic transformation, inclusive growth and international competitiveness of the sector. Critical to inclusive growth is the participation of previously disadvantaged producers and communities in the mainstream agricultural value chains and export markets. Inclusive growth relates to creating value chain opportunities for penetration and participation by agribusinesses accompanied by growing jobs for the sector. The export of live animals from South Africa allows and provides the base for such participation. The Department only allows these exports when conducted within and in compliance to applicable legislation, including welfare legislation, the Animal Protection Act, 1962 (Act No. 24 of 1962) which regulates against cruelty to animals.

2. Inclusive economic growth is reliant on the competitiveness of the agribusinesses. Further, competitiveness of the agribusinesses drives the ability of the agricultural sector to create sustainable jobs.

3. The Department is working on a draft Animal Welfare Bill for introduction to the National Assembly in the next financial year. The department has received a positive response in the Phase 1 socio-economic impact assessment system (SEIAS) application to the Department of Planning, Monitoring and Evaluation (DPME) and has started with internal consultation (DALRRD and provincial Departments of Agriculture) on the draft.

A two-pronged approach towards addressing regulations has been adopted by the Department. Firstly, the Department is drafting regulations relating to the export of live animals under the current Animals Protection Act, 1962 as an interim measure. Secondly the Department will draft new Regulations under the intended Animal Welfare Act once the new Bill has been assented to.

4. No.

21 December 2020 - NW1924

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

With regard to the Agricultural Research Council and Onderstepoort Biological Products, what are the (a) latest findings from the investigation ordered by the Auditor-General on (i) serious mismanagement, (ii) irregular expenditure and (iii) serious supply chain irregularities that took place over the past four financial years, (b) details of the refurbishment and modernisation of the existing Good Manufacturing Practice facility and (c) details of all procurement done for Covid-19 related purposes?

Reply:

AGRICULTURAL RESEARCH COUNCIL (ARC)

(a) Latest findings from the investigation ordered by the Auditor-General on:

(i) Serious Mismanagement

  • AGSA previously reported findings of serious financial misstatement at the ARC which relates to over expenditure for the 2015/16, 2016/17 and 2017/18 financial years; this was classified as a serious mismanagement by AGSA in their management reports.
  • Irregular Expenditure of the ARC for the years ended 31 March 2016 (R205 177 358), 31 March 2017(R 199 263 480.40) and 31 March 2018 (R103 810 688.60) are attributed to over-expenditure on the budget.
  • Included in the irregular expenditure for the year ended 31 March 2017 of R199 263 480 is an amount of R30 642 913 taken from the Foot and-Mouth Disease (FMD) Account to finance the overspending of R168 620 567.
  • For the year ended 31 March 2018, included in the irregular expenditure of R103 810 688.60 is the amount of R27 808 410.60 taken from the Foot and Mouth Disease (FMD) Account which was used to finance the overspending of R76 002 278.
  • The 2017/18 calculation of the overspending was based on excess expenditure over break- even budget as advised by the AGSA and was not in line with the calculations done for the other two years.

The overspending for the 3 years was as a result of the ARC not having sufficient budget to cover their operating expenses as the former Department of Agriculture, Forestry and Fisheries had the Parliamentary Grant (PG). Based on the analysis of the cash balance for the 3 years under review, the reflected cash balances were not a true reflection of the cash available for the operations of the organisation as it had cash designated for conditional grants as well as deposits received as advance payments from customers.

For the year ended 31 March 2017, the ARC actually had a negative cash balance of R133 million over expenditure on the ARC’s budget that resulted in an irregular expenditure finding by the AGSA.

National Treasury’s Irregular Expenditure Framework provides that if the irregular expenditure is irrecoverable and there is no person who is liable in law, the Accounting Authority may write off the amount in line with the policies and procedures of the Public Entity.

The investigation by Internal Audit noted that:

  • The Executive Management Committee (EMC) of the ARC has regularly, through quarterly performance reports, reported the financial position of the ARC to the Accounting Officer of DAFF. This was done in compliance with the PFMA.
  • The ARC has through its Council Committees raised concerns about the financial situation of the entity and letters were submitted to the Executive Authority about this matter.
  • The financial situation of the ARC as a going concern was raised by the Audit and Risk Committee; and Council to the Minister and to the Portfolio Committee in each of the years. This was reported in the annual reports of the ARC for the relevant years. This is indicative of prudent and responsible management pertaining to the situation the ARC founds itself in and it was recommended that cost saving measures be implemented by the office of the Chief Financial Officer, which would include monitoring of expenditure on a monthly basis.
  • Details of the serious mismanagement and investigations are in Annexure A.

(ii) Findings on Irregular Expenditure.

  • Irregular expenditure to the value of R2 414 755.84 was identified during the 2017/18 financial year. The matter was investigated, and consequence management was finalized against 3 employees; disciplinary hearings are continuing against the remaining 2 employees.
  • During the 2018/19 financial year, irregular expenditure of R9 173 094.38 was identified by the AGSA. The irregular expenditure resulted from a misinterpretation of Treasury Instruction 3 of 2016-17 that Single Source procurements above R500 000 must be approved/supported by National Treasury; investigations have not yet been completed.

(iii) Same as (i) and (ii).

(b) Not applicable to the ARC.

(c) Please refer to Annexure B for details of COVID-19 related procurement.

ONDERSTEPOORT BIOLOGICAL PRODUCTS (OBP):

Following the Auditor General’s (AG) Report, the OBP Board requested that all tenders awarded in the past five years including the Good Manufacturing Practice (GMP) facility upgrade be investigated. Four companies were selected for the investigation viz,

  • Succoth: security services;
  • Hadi holdings: supply of animal feed;
  • Pressure group: supply of coal; and
  • DEC: GMP facility upgrade

a) The latest findings from the investigation ordered by the Auditor-General on:

(i) Serious mismanagement:

Several cases of serious mismanagement were identified and led to the following consequence management actions:

  • The CFO was suspended in October 2019 for serious breach and non-compliance with supply chain policies and processes. He lodged a dispute at the CCMA against the suspension and the case was settled at the CCMA.
  • Operations executive was suspended in January 2020 for gross dereliction of duties.

(ii) Irregular expenditure:

  • The awarding of Development Engineering Consultant Ltd (DEC) a tender was found to be irregular because it did not comply with the definition of deviation. An application for condonation in line with National Treasury Irregular Expenditure Framework is in progress.
  • Succoth was found to be irregular due to the owner being a state employee. The contract was immediately terminated. An application for condonation in line with National Treasury Irregular Expenditure Framework is in progress.

(iii) Serious supply chain irregularities that took place over the past four financial years:

  • The review of the contracts with four of the above service providers found several irregularities and were terminated during the third quarter of 2019-2020, namely
    • Succoth – security services: as described above.
    • Hadi holdings – supply of animal feed: terms of the contract were crafted to be unfavourable to OBP (over-priced and over supply).
    • Pressure group – supply of coal: contract crafted in a way that encouraged delivery of non-compliant coal.
  • Two procurement administrators were suspended for amongst others collusion between staff and the tenderer / sub-contractors. They were charged and eventually resigned during the disciplinary hearings.

b) Details of the refurbishment and modernisation of the existing Good Manufacturing Practice (GMP) facility.

In 2013 National Treasury approved and awarded OBP a grant of R493 million for the construction of a modern GMP compliant vaccine production facility. Upon receipt of the grant, Executive Management decided to use R130 million from the R493 Million received for refurbishment and procurement of equipment, leaving a balance of R363 million available for the GMP facility project. Later when the Executive Management established that the R363m will be insufficient for the initially planned new vaccine production facility (Green Field), they resolved to embark on the upgrade of the current facility (Brown Field Project).

The consulting engineers were then requested to drastically reduce the provisional sums, but the scope was not revised. The tender was advertised where DEC Engineering was appointed with a tender pricing of R31 million excluding value added tax, on a contract which includes a multidisciplinary team of consultants. ISF Construction was appointed for the construction and process equipment with a tender pricing of R277 million excluding value added tax.

Both internal and external audit raised a range of concerns. In November 2019, the project Manager resigned, leaving the Operations Executive as the driver. In January 2020, the Operations Executive was suspended and later charged for misrepresentation, gross dereliction of duties including lying to the Board. He resigned on mutual separation whilst the disciplinary process was in progress.

The CEO appointed a Project Manager reporting directly to his office and to a Project Steering Committee comprising of several executives and managers directly relevant to the project. The CEO and the Board resolved to commission an independent review that will provide a comprehensive status of the project including year to date variances, extrapolated expenditure, completion date and legislative impact.

To date the procurement of equipment is in progress and construction of the facility resumed after level 3 lockdown. The expected date of completing construction is 1 June 2021.

However, the CEO discovered that certain critical processes at downstream level were not included during the planning and advised the Board who resolved that a revision of process flow be conducted with the involvement of the Project Engineers, Operation Management and the Quality Assurance Manager. The Quality Assurance Manager was tasked to lead the process given the vast experience and certification in GMP of the newly appointed manager. The adjusted facility plan and subsequent budget will be finalised and presented to the board.

c) Details of all procurement done for Covid-19 related purposes

Below is a table listing all Personal Protective Equipment (PPE) procured during the COVID period. On or about 22 June 2020 it was brought to the CEO’s attention that surgical masks were purchased in a period of two weeks at a unit price of R32 (while the price from most suppliers was around R7 per mask). This resulted in an investigation which led to the suspension of the Supply Chain Manager on 25 June 2020. An investigation has taken place and the charges have been drafted and sent to the Supply Chain Manager; she is now facing a disciplinary hearing for gross misconduct on three charges. The Company will soon start with the disciplinary hearing into the matter.

Company Name

Description

Quantity

Unit Price

Total

Siphumelele Industries

Surgical Face Masks

150*50(per box)

R32

R240 000

Siphumelele

Industries

Surgical Face

Masks

180*50 (per box)

R32

R288 000

Rashuma Consulting

Surgical Face Masks

300 * 50 (per Box)

R7,20

R108 000

ACS Promotions

99% Ethanol

160*25 Liters

R22,59

R90 390

KRU Energy

Ethanol

600*25 Liters

R69

R1 035 000

KRU Energy (Pty) Ltd

Ethanol

2 000 liters

R50,60

R105 685

KRU Energy (Pty) Ltd

Hand Sanitizer

2 000

R69

R138 000

KRU Energy (Pty) Ltd

Hand Sanitizer

7 020

R69

R484 380

21 December 2020 - NW2857

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Hlengwa, Ms MD to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, with reference to news reports which indicated that over 400 cattle in northern KwaZulu-Natal have tested positive for brucellosis, a bacterial disease transmittable to humans and which may cause infertility, miscarriages, birth complications and sore joints (details furnished), her department intends to co-operate with the national and provincial departments of health, to raise awareness of the effects of such a disease which disproportionately affect maternal health of rural women; if not, why not; if so; what are the relevant details of the initiatives?

Reply:

As per the media release of 18 November 2020, the Minister of Agriculture, Land reform and Rural Development (DALRRD) Ms Thoko Didiza, MP has been made aware by the MEC of Agriculture and Rural Development in KwaZulu-Natal Ms Bongi Sithole-Moloi, MPL of the brucellosis situation in the northern parts of Kwa-Zulu Natal.

DALRRD intends to co-operate with the National and Provincial Departments in raising awareness of the impact brucellosis in humans. Brucellosis is a zoonotic disease (can be transmitted from animals to humans) and it is crucial to follow a One Health approach involving Veterinary and Health Services.

DALRRD participates in the monthly Multisectoral National Outbreak Response Team (MNORT) meetings hosted by the Department of Health, where information on zoonotic diseases is shared between stakeholders. Provincial Veterinary and Health Services are mandated to work in close communication with each other when brucellosis is diagnosed in animals or in humans.

When brucellosis infection is identified in cattle or other animals, Veterinary Services are responsible for informing the owner of the animals that the disease can also be transmitted to humans. They are advised either not to drink milk from these animals, or to boil it first. Owners are advised to consult their clinic or doctor should they show any of the following non-specific flu-like symptoms: recurrent fever, flu-like symptoms, body aches and pains, headaches and depression. The disease in humans can become chronic if medical treatment is not obtained. Other specific symptoms may be seen, depending on the organ system involved. The reproductive organs of both men and women can potentially be affected by brucellosis, which can lead to epididymo-orchitis (swollen testes) and infertility in men and in miscarriages or abortions in pregnant women.

Men and women in rural communities are vulnerable to brucellosis if their cattle or livestock are infected, especially if they consume raw milk and milk products from these animals. Unfortunately, the symptoms of brucellosis are not very specific and can be confused with many other diseases. Clinics and doctors are not always particularly knowledgeable on brucellosis and may not consider it as a potential diagnosis. It is very important that the patient informs the clinic or doctor if they work closely with livestock or if they consume raw dairy products (unpasteurised/ not boiled).

The Department fully supports improved and continuous awareness of brucellosis in humans, through the national and provincial Departments of Health. Having decided to recognise November as a national brucellosis awareness month, the South African Veterinary Council, in partnership with the South African Veterinary Association, the National Animal Health Forum, the Department of Agriculture, Land Reform and Rural Development and all their associated partners, have embarked on an extensive awareness and education campaign regarding bovine brucellosis which will continue into December. The National Institute for Communicable Diseases and the National Department of Health will be invited to participate in the awareness campaign

21 December 2020 - NW2663

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Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she has included any farms falling under the Gwatyu area in the Eastern Cape in the list of farms advertised for disposal to emerging farmers; if not, what is the position in this regard; if so, what will happen to the black communities already living and farming in the area?

Reply:

Yes. The land rights enquiry has already been conducted and priority will be given to the current occupiers (black communities) confirmed to be having land rights for occupancy and land use formalization.

21 December 2020 - NW2661

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Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total number of (i) farmworkers and (ii) farm dwellers have been evicted from farms since 1994 and (b) is the total breakdown of evictions in each province?

Reply:

 

a) (i),(ii) The Extension of Security of Tenure Act of 1997 does not distinguish between farmworkers and farm dwellers. All persons (whether farmworker or farm dweller) residing on farms may be evicted legally in terms of the Act ie with a court order, or illegally which is an eviction without a court order as provided in the Act.

According to the Department’s records, 1 066 households were evicted from the farms from 2007 to 2020. This figure is the number of evictions granted from 2007 to October 2020 by Magistrates’ courts throughout the country. Evictions granted by the Land Claims Court from 1994 to 2020 are not included above as the court is still compiling its statistics and such information will be made available once received on or before 18 December 2020.

It should further be noted that not all evictions are reported to the Department or brought before courts.

b) The provincial breakdown of the 1 066 households is as follows:

Province

Eastern Cape

Free State

Gauteng

KwaZulu Natal

Limpopo

Mpumalanga

North West

Northern Cape

Western Cape

TOTAL

Legal/Court Order

20

112

10

21

2

37

11

8

548

769

Illegally

33

65

27

4

11

48

9

2

98

297

Total

53

177

37

25

13

85

20

10

646

1 066

21 December 2020 - NW1321

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What is the total outstanding amount for all invoices not paid by her department (a) within 30 days and/or (b) within 60 days or longer; (2) What steps has her department taken to ensure that it will be able to meet the target of paying all invoices within 30 days?

Reply:

(1)(a),(b) As at 31 March 2020, please refer to the table below.

(a)

No. of days

Quantity

Value

30-60

98

5 615 867.06

(b)

61-90

9

1 807 241.98

91-180

24

1 496 044.94

>180

5

  1. 09.60

(2) Please refer to the table below.

Reason for non-compliance

Mitigation

The main contributor to the late payment of service providers is lack of proper internal controls which relate to the tracing of the status of a particular invoice and supporting documents as they are processed through the various verification channels within the Department including from provinces to national office.

  • The Department implemented the invoice tracking system which allows for more effective tracing of the status of invoices as they are processed through verification channels. The system requires that the Department has one central point for receiving invoices; this makes invoice tracking more effective and efficient.
  • Each official on the chain is allocated a timeframe to perform the relevant function pertaining to that invoice. If there is non-compliance to timeframes, the system escalates the matter to the next level of authority.
  • Change management sessions with all internal stakeholders will be conducted through the Corporate Services Branch.
  • Officials’ performance agreements include the payment of invoices within 30 days as a key performance area on which performance is assessed.
  • Officials found to be non-compliant are issued with letters of non-compliance as a punitive measure and to alert officials of their responsibility in ensuring compliance to the 30 days’ requirement.

21 December 2020 - NW816

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Cebekhulu, Inkosi RN to ask the Minister of Agriculture, Land Reform and Rural Development

What mechanisms did her department put in place to encourage and assist persons and/or communities in rural areas to utilise the land for food production and food security, since most productive agricultural land in communal areas is fast becoming residential developments; (2) what policies does her department have in place to revive the farms that are lying fallow because of land beneficiaries fighting over resources, to pursue achieving Goal 1 of Agenda 2063 in the next 43 years?

Reply:

1. In an effort to encourage and assist persons and /or communities in rural areas to utilize the land for food production and food security, the Department of Agriculture, Land Reform and Rural Development (DALRRD) has developed the Agriculture and Agro-processing Master Plan which focuses on district-based commodity production schemes driven through mass production by rural communities and households within a given radius and supported by a Production Support Centre. All existing farmer support programmes of DALRRD are being aligned to this plan which should ensure that at least 1 270 340 rural households are food-secure by 2030.

The issue about agricultural land in communal areas fast becoming residential developments is a function that is currently being managed by traditional councils in whose area of jurisdiction the land currently falls. DALRRD stands ready to assist traditional councils and communities to develop land use schemes that will provide a legal and orderly basis on which the land use can be regulated.

2. DALRRD’s position is that no development or support can be provided on farms that are lying fallow due to land beneficiaries fighting over resources until the dispute is resolved through social facilitation.

21 December 2020 - NW244

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, with reference to her reply to question 992 on 19 December 2019, the Gwatyu community in the Eastern Cape applied to be registered as a Communal Property Association (CPA); if so, (a) why was this community not included in the specified reply, (b) on what date did the community apply and (c) what are the reasons that this community cannot be registered as a CPA?

Reply:

No. Some members of the Gwatyu community, acting through an attorney, submitted an application for registration of a Provisional Association on 30 July 2014. Question 992 sought information on applications for registration as communal property associations, which were outstanding. The interpretation applied to the word “outstanding”, meant an application that was in the possession of the Department of Rural Development and Land Reform and was still being processed. The Gwatyu application was not included since it was neither an application for registration of a communal property association nor an outstanding application.

Notwithstanding the above, the Department of Agriculture, Land Reform and Rural Development has since undertaken a land rights enquiry on all the farms and once finalised, the affected communities will be workshopped on various land holding arrangements and will be given an opportunity to choose the best suitable land holding structure that suits their existing circumstances taking into consideration various land rights that may exist on these farms.

If the community then chooses to register a CPA, the Department will ensure that the requirements that are set out in section 8(4) and (5) of the Communal Property Association Act, 28 of 1996 are met.

(a), (b), (c) Falls away.

21 December 2020 - NW3032

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Schreiber, Dr LA to ask the Minister of Agriculture, Land Reform and Rural Development

(a) What is the name of the registered owner of the (i) Berg River Dam outside Franschhoek in the Western Cape and (ii) land immediately surrounding the dam, including Farm Number 1145 and Farm Number RE/1339, and (b) under what zoning does the specified land fall; (2) what is the name of the person who owns the dwellings on the land immediately surrounding the Berg River Dam? NW3860E

Reply:

(1)(a) (i) The basic footprint of the Berg River Dam falls on Farm 1716 (SG No. 447/2007) and is unregistered. There is also a subdivision of the above farm, being Portion 1 of Farm No. 1716 (SG No. 1628/2007).

(ii) The following farms surround the Farm 1716. It appears that many of the farms and portions are not yet registered.  All unregistered land belongs to the State.

Property Description

Ownership

Zoning (according to Stellenbosch Zoning Maps)

Farm 1145

 Unregistered

Agriculture and Rural Zone (Still part of Farm 1716/0 on Zoning Map)

Remainder Farm 1339

 Unregistered

Agriculture and Rural Zone (Still part of Farms 1339/8, 1339/5, 1339/6, 1339/1)

Remainder Farm 1619 (SG No. 3436/1999

Unregistered

Agriculture and Rural Zone

Farm 1235 (SG No. 1052/1974):

Republic of South Africa

Agriculture and Rural Zone

Portion 1 of Farm No. 1339 (SG Mo. 3423/1999)

Unregistered

Agriculture and Rural Zone

Portion 1 of Farm No. 1147 (SG No. 3421/1999

Unregistered

Agriculture and Rural Zone

Farm No. 1150 (SG No. 204/1831) 

Islanmore Estates Pty Ltd

Agriculture and Rural Zone

Farm No. 1151 (SG No. 249/1880) 

Islanmore Estates Pty Ltd

Agriculture and Rural Zone

Remainder Farm No. 1659 (SG No. 6211/2001) 

unregistered

Agriculture and Rural Zone

Portion 5 of Farm No. 1339 (SG No. 3427/1999)

unregistered

Agriculture and Rural Zone

Portion 8 of Farm No. 1339 (SG No. 9216/2006)

Unregistered

Agriculture and Rural Zone

Farm No. 1023

Republic of South Africa  unalienated state land

Agriculture and Rural Zone (still part of Farm 1618/0 on Zoning Map)

Farm No. 1712 (SG No. 1627/2007)

unregistered

To be confirmed with Municipality

Farm No. 1711 (SG No. 1626/2007) 

unregistered

To be confirmed with Municipality

Portion 3 of farm No. 1145 (SG No. 9215/2006)

unregistered

Agriculture and Rural Zone

Portion 1 of Farm No. 1629 (SG No. 9217/2006)

unregistered

Agriculture and Rural Zone

(b) Unregistered Farm No. 1716, Paarl Division is deemed to be zoned a natural environmental zone in terms of the Stellenbosch Municipal Zoning Scheme By-law, 2019 - [Source: NGMS]. Please refer to page 118 of the Zoning Scheme By-law which is attached.

“Natural Environment (natuurlike omgewing) means an area which is undeveloped, not necessarily restricted to wilderness or mountain areas and primarily consists of vegetation in a natural state. Vegetation may be indigenous or alien, the area may be rehabilitated to its indigenous state for the purpose of preserving the biophysical characteristics of the area, including flora and fauna living in the area, and may include river corridors, wetlands, water bodies, man-made dams, proclaimed nature areas, biosphere reserves, undeclared conservation or critical biodiversity areas, and may be in public or private ownership or managed under stewardship and it includes buildings which are reasonably connected with the management and maintenance of the area;”

(2) The Branch Deeds Registration is unable to determine the ownership of the dwellings surrounding the dam. The details of the dwellings are with the local municipality. Ownership information on the land can only be provided once the dwellings are identified which information can be obtained from the local municipality. The two identified private properties are owned by Islanmore Estates Pty Ltd

21 December 2020 - NW2909

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

(1)What specific interventions has her department, in collaboration with The Presidency, put in place to resolve the problems standing in the way of the proclamation of commencement of the Animal Health Act, Act No 7 of 2002; (2) whether she will furnish Mrs A Steyn with a list of all interventions spanning the period since the date of assent on 24 July 2002; if not, why not; if so, what are the relevant details?

Reply:

1. The Presidency has not yet been approached to proclaim the Animal Health Act, Act 7 of 2002.

2. The Department has been working on the draft regulations and assessing appropriate cooperative governance structures and delegation of the veterinary authority. The Department continued this work over an extended period of time. However, a number of delays have been experienced and other processes such as the assessment of the Performance of Veterinary Services (PVS) by the World Organisation for Animal Health (OIE) have indicated conflicting and often limited legislative considerations. Based on these developments, the Department is currently consulting with Legal Services on how to further address the current challenges and could possibly consider repealing the Animal Health Act of 2002.

21 December 2020 - NW2908

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What are the reasons for the failure to proclaim a commencement date for the Animal Health Act, Act 7 of 2002, since 24 July 2002 to date; (2) whether she will furnish Mrs A Steyn with a detailed list of the reasons with specified timeframes; if not, why not; if so, what are the relevant details?

Reply:

The information provided for NA Question No 2991 is sufficient for response to this Question as well.

21 December 2020 - NW2533

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total number of farms have been bought for land reform purposes in the Dr Ruth Segomotsi Mompati District Municipality since inception of the Recapitalisation and Development Programme of her department up to the latest specified date for which information is available and (b) is the breakdown of each (i) local municipality, (ii) farm name, (iii) name of previous owner, (iv) amount that the land was bought for, (v) GPS coordinates of the farm, (vi) name of current beneficiary/project name and (vii) contact details of current beneficiary; (2) whether each farm received recapitalisation and development programme assistance; if not, why not; if so, what amount?

Reply:

1. (a) 54 farms.

(b)(i),(ii),(iii),(iv),(v),(vi),(vii) Please refer to Annexure A.

2. Please refer to Annexure A.

21 December 2020 - NW2233

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she has found that there are sufficient vaccines and reagents for Foot and Mouth Disease at the Agricultural Research Centre (ARC) and Onderstepoort Biological Products to support the livestock farmers in the country in the long term; if not, why not; if so, what are the relevant details; (2) whether she will furnish the state veterinary doctor’s visitation programmes to farmers in all nine provinces for the year 2020 to date; if not, why not; if so, what are the relevant details; (3) whether she will furnish (a) reasons for the strike at ARC and (b) action plans to resolve the strike; if not, why not in each case; if so, what are the relevant details in each case; (4) whether she will furnish (a) reasons for the delay in blood samples being tested at ARC and (b) action plans to ensure that this situation is resolved; if not, why not in each case; if so, what are the relevant details in each case?

Reply:

1. Quantities of Foot and Mouth Disease vaccine are procured by instruction of the Department of Agriculture, Land Reform and Rural Development (DALRRD) through the two State Owned Entities (SOEs), namely the Agricultural Research Centre (ARC) and the Onderstepoort Biological Products. These vaccines are sourced by the SOEs from the Botswana Vaccine Institute for routine vaccination and vaccination when there is an outbreak.

2. Agriculture is a concurrent function as per the Constitution of South Africa. The Provincial Departments of Agriculture are responsible for the provincial operations of veterinary services, including farm visits and schedules.

Below is the state veterinary doctor’s visitation to farmers for the financial year: 2019/20

Province

Annual Target

Pre-audited Annual Achievement ***

Eastern Cape

11 244

13 857

Free State

3 200

4 634

Gauteng

8 500

7 678

KwaZulu Natal

15 000

17 326

Limpopo

15 064

11 960

Mpumalanga

17 798

15 314

Northern Cape

6 000

6 558

North West

12 230

17 030

Western Cape

10 000

14 333

Consolidated

99 036

108 690

***Kindly note that figures are based on 2019/20 pre-audited data as reported by provinces.

Below is the state veterinary doctor’s visitation to farmers for the financial year 2020/2021

Province

Revised Annual Target

Quarter 1 achievement

Quarter 2 Achievement ***

Annual Progress to date

Annual (%) Performance

Eastern Cape

11 024

3 288

5 924

9 212

84%

Free State

2 400

547

923

1 470

61%

Gauteng

6 400

272

1 521

1 793

28%

KwaZulu Natal

20 000

3000

4 837

7 837

39%

Limpopo

3 050

1 767

2 939

4 706

154%

Mpumalanga

17 798

3 310

4 213

7 523

42%

Northern Cape

500

275

686

961

192%

North West

10 382

2 550

3 494

6 044

58%

Western Cape

10 000

1 911

3 768

5 679

57%

Consolidated

81 554

16 920

28 305

45 225

55%

*** For all figures that are highlighted in red, the data has not been verified by DALRRD

3. There is currently no strike at the ARC.

4. (a) The ARC as with many other organizations experienced delay in the procurement of laboratory reagents, mostly due to disruptions in the global supply chains of imported chemicals. (b) The ARC has made adjustments to the complement of employees as per the changes allowed in respect of managing possible impacts of Covid-19, with limited employees on site at any particular point. The ARC is now on full complement of employees to provide full services timeously.

08 December 2020 - NW2534

Profile picture: Steyn, Ms A

Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total number of farms have been bought for land reform purposes in the Gert Sibande District Municipality since the inception of the Recapitalisation and Development Programme of her department up to the latest specified date for which information is available and (b) is the breakdown of each (i) local municipality, (ii) farm name, (iii) name of previous owner, (iv) amount that the land was bought for, (v) GPS coordinates of the farm, (vi) name of current beneficiary/project name and (vii) contact details of current beneficiary; (2) whether each farm received recapitalisation and development programme assistance; if not, why not; if so, what amount?

Reply:

1. (a) 161 farms bought for land reform purpose.

(b) (i),(ii),(iii),(iv),(v),(vi),(vii) Please refer to Annexure A.

2. Please refer to Annexure A.

08 December 2020 - NW2818

Profile picture: Masipa, Mr NP

Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, with reference to her reply to question 1785 on 29 September 2020, she provided the farmers who are affected by drought in (a) Northern Cape, (b) Eastern Cape and (c) Western Cape with any funding to alleviate the effects of the drought; if not, why not; if so, what are the details of the drought adaptation and mitigation strategies and programmes her department rolled out in the specified provinces; (2) whether she will furnish Mr N P Masipa with the relevant details of the drought adaptation and mitigation strategies and programmes that farmers received from her department in collaboration with the Ministry of Cooperative Governance and Traditional Affairs; if not, why not; if so, what are the relevant details?

Reply:

1. Yes, the Department of Agriculture, Land Reform and Rural Development has facilitated the allocation of drought relief funding through the National Disaster Management Centre and an amount of R138 489 000 was approved under provincial disaster grant allocation. These funds were made available following the declaration of the drought as a national state of disaster in February 2020.

Seven provinces benefitted from this allocation, including Northern Cape (received R35.689 million), Western Cape (received R25 090 million) and Eastern Cape (received R35 million). The implementation of the interventions is still in progress as the funds were transferred in July 2020.The Department further disseminates the National Agrometeorological Committee Advisories which have seasonal forecasts and suggested measures to mitigate and adapt to impacts of drought amongst other hazards. Some measures recommended in the advisories include keeping livestock in balance with the available grazing, selection of drought tolerant cultivars and provision of additional feed to livestock.

The table below depicts the detail of the provincial allocations (Western Cape, Eastern Cape and Northern Cape):

WESTERN CAPE PROVINCE

District

Funding allocated

Purpose

Central Karoo

R11 000 000

Fodder

Cape Winelands

R420 000

Fodder

West Coast

R8 620 000

Fodder

Garden Route

R4 840 000

Fodder

Overberg

R210 000

Fodder

TOTAL BUDGET

R25 090 000

 

EASTERN CAPE PROVINCE

Municipality/
Region

Boreholes

Fodder Production (Lucerne)

TOTAL BUDGET

 

Number

Budget

Area (ha)

Budget

 

Alfred Nzo

08

R4 032 000

-

-

R4 032 000

Amathole

08

R4 032 000

417

R5 000 000

R9 032 000

Chris Hani

08

R4 032 000

250

R3 000 000

R7 032 000

Joe Gqabi

08

R4 032 000

-

-

R4 032 000

OR Tambo

11

R6 048 000

-

-

R6 048 000

Sarah Baartman

06

R2 824 000

167

R2 000 000

R4 824 000

Total

49

 

834

   

TOTAL BUDGET

 

R25 000 000

 

R10 000 000

R35 000 000

NORTHERN CAPE PROVINCE

District

Funding allocated

Purpose

Namakwa

R5 500 000

Fodder supply

Pixley ka Seme

R4 500 000

Fodder supply

ZF Mgcau

R3 800 000

Fodder supply

Frances Baard

R3 000 000

Fodder supply

John TaoloGaetsewe

R2 500 000

Fodder supply

All districts

R2 000 000

Transportation of fodder

 

R3 500 000

Fodder bank: extending irrigation, input costs on fodder production and maintenance

Namakwa, Pixley ka Seme, John TaoloGaetsewe

R10 889 000

Clearing of prosopis

TOTAL BUDGET

R35 689 000

 

2. Yes, the monthly advisories issued to the farmers contain adaptation and mitigation strategies and details of provision of fodder have been categorised by Districts in all three provinces as per the tables above.Northern Cape Province prioritised the eradication of Prosopis trees to reduce underground water loses.

The Department of Agriculture, Land Reform and Rural Development (DALRRD) is working with the Ministry of Cooperative Governance and Traditional Affairs to develop additional adaptation and mitigation strategies in Northern Cape, Western Cape and Eastern Cape Provinces.DALRRD held meetings with the National Disaster Management Centre to discuss the continuous drought conditions in the three provinces and proposed programmes to adapt and mitigate the impacts of drought. DALRRD further held meetings with the three provinces to discuss continuous drought conditions in these areas with the aim of coming up with an integrated programme to adapt and mitigate the impacts of drought in the country especially in those three provinces. DALRRD is in the process of engaging the Ministry of Cooperative Governance and Traditional Affairs on the proposed interventions to expedite the implementation.

The Department also developed the Climate Change Adaptation and Mitigation sector Plan and the Climate Smart Agriculture Strategic Framework which spell out specific interventions and programs to be considered for implementation, sector response measures, long-term adaptation scenarios, drought adaptation and mitigation strategies as well as programmes. DALRRD is implementing these sector plans through programmes, appropriate strategies and approaches such as Climate Smart Agriculture in collaboration with the Ministry of Cooperative Governance and Traditional Affairs in the drought-stricken areas including the Karoo regions of the Western Cape, Northern Cape and Eastern Cape Provinces.

08 December 2020 - NW1331

Profile picture: Mazzone, Ms NW

Mazzone, Ms NW to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total number of instances of illegal invasion of land owned by her department was recorded by her department in each (i) province and (ii) of the past five financial years, (b) is the current status of occupation, (c) total number of persons are currently occupying the land and (d) steps has her department taken to remedy the situation in each specified case?

Reply:

(a)(i),(ii) The table below reflect number illegal invasion where there is human occupation on the property owned by the Department:

(a) (i) Each Province

(a) Number Instances of Illegal Invasion

(ii) of the past five financial years

   

2016/17

2017/18

2018/19

2019/20

2020/21

EC

20

   

4

15

1

FS

12

 

1

4

6

1

GP

3

   

2

1

 

KZN

43

7

2

2

23

9

LP

18

11

5

2

   

MP

6

 

1

2

1

2

NC

8

 

8

     

NW

25

1

 

4

20

 

WC

1

     

1

 

Total

136

19

17

20

67

13

(b)(c),(d) Please refer to Annexure A.

ANNEXURE A OF NA-QUES 1331 OF 2020

Province

Town Name

Parcel

Portion

Farm Name

(b) Current status of occupation

(c) total number of persons are currently occupying the land

(d) steps have her department taken)

FS

Harrismith

1903

97

Portion 97

The illegal occupiers are still in occupation

4 persons

Ministerial approval was granted for the eviction of all the occupiers. The legal process is underway.

FS

Harrismith

1903

77

Portion 77

Family occupying the farmhouse illegally.

4 persons

Eviction order was granted against Mr Mphuthi. He vacated the farm, but his immediate family is refusing to vacate.

FS

Harrismith

1903

134

Portion

Person is illegally occupying the farm

1 person

Notifications to vacate the farm were issued to Mrs Rosa Mphuthi. She refused to vacate. Ministerial approval will be sought to institute eviction proceedings against Mrs Mphuthi.

FS

Harrismith

1903

135

Portion

Person is illegally occupying the farm

1 person

Notifications to vacate the farm were issued to Mrs Rosa Mphuthi. She refused to vacate. Ministerial approval will be sought to institute eviction proceedings against Mrs Mphuthi.

FS

Harrismith

365

1

Bloemhof

The illegal occupier is still on the farm

1 person

Notification to vacate the farm was issued to Mr Hlatshwayo, in the presence of the SAPS, but he refused to vacate. He later promised to move his livestock to Ladysmith and then reneged during the lockdown period. Mr Hlatshwayo has recently agreed to vacant end of Oct 2020.

FS

Harrismith

1903

80

Portion 80

The illegal occupiers are still on the farm

2 persons

Notifications to vacate the farm were issued to Mr Mofokeng and Mr Shabangu, but they refused to vacate. Ministerial approval was granted for the initiation of eviction proceedings. The legal process is underway.

FS

Thaba'Nchu

Erf 720

0

 

Illegal occupation.

1 person

Notification to vacate was issued to Mr Hamid. Due to no co-operation, Ministerial approval will be sought to initiate eviction proceedings.

FS

Thaba'Nchu

Erf 277

0

 

Illegal occupation.

1 person

Notification to vacate was issued to Mr Hamid. Due to no co-operation, Ministerial approval will be sought to initiate eviction proceedings.

FS

Thaba'Nchu

Erf 181

0

 

Illegally occupied.

4 persons

Notification to vacate was issued. Approval is still being sought for the initiation of eviction proceedings.

FS

Bloemfontein

3000

1

Moroka

The farm is occupied illegally.

8 persons

Mr Ntheri was given notification to vacate in 2012. Due to no cooperation, eviction proceedings were initiated and are still underway.

FS

Bloemfontein

534

6

Waaikraal

Group of illegal invaders occupied the farm.

6 persons

Notifications to vacate were issued. Due to lack of cooperation, approval is still being sought for the initiation of eviction proceedings.

FS

Thaba'Nchu

116

0

Waalhoek

Land is illegally sublet.

2 persons

Notifications to vacate were issued. Due to lack of cooperation, approval is still being sought for the initiation of eviction proceedings.

GP

Pretoria

97

4

Stinkwater

Occupied - settlement

70 households

State Attorney was approached to assist with the eviction of illegal occupants. Legal papers have been drawn.

GP

Pretoria

116

 

Klipdrift

Occupied - settlement

80 households

State Attorney was approached to assist with the eviction of illegal occupants. Legal papers have been drawn and pleadings have closed and awaiting a trial date.

GP

Walkerville

333

 

Cyferfontein

Occupied - settlement

350 households

Case opened with the De Deur Police Station and is still under investigation.

LP

Burgersfort

275

R/E

Praktiseer

The invaders are still in occupation

95 households

The process to obtain approval to initiate eviction proceedings from the Minister is in progress.

LP

Burgersfort

275

1

Praktiseer

     

LP

Burgersfort

275

2

Praktiseer

     

LP

Burgersfort

367

R/E

Kalkfontein

Invaders forcefully evicted by the executive members of BakonebaMakopole CPA. The farm is not illegally occupied anymore.

Vacant

The farms are State land registered in the name of the National Government of South Africa and were not transferred to the CPA. The CPA executive committee is experiencing lawlessness as some individuals are encroaching or occupying the land without the CPA ‘s consent.

LP

Burgersfort

367

4

Kalkfontein

     

LP

Burgersfort

367

5

Kalkfontein

     

LP

Burgersfort

367

6

Kalkfontein

     

LP

Burgersfort

367

8

Kalkfontein

     

LP

Burgersfort

367

9

Kalkfontein

     

LP

Burgersfort

304

R/E

Dresden

The farm is not occupied

Vacant

Claimants requested that the state should protect the land until they finalise the land claim and to interdict the invaders. State Attorney instructed to file an interdict.

LP

Burgersfort

304

1

Dresden

     

LP

Burgersfort

262

 

Schoonheid

The farm is not occupied

Vacant

Whilst the process to obtain approval from the Minister to evict was still underway, the matter got resolved amicably and the illegal occupation ceased.

LP

Steilloop

403

R/E

Steilloop

Invaders still in occupation

45 households

The court granted an order in favour of the Department for the eviction of the intruders who encroached on the farm.

LP

Steilloop

403

1

Steilloop

     

LP

Phalaborwa

6

 

Mbaula Ranch

Invaders still in occupation

29 persons

The process to obtain approval to initiate eviction proceedings from the Minister was started.

LP

Steiloop

385

0

Steilwater

Land invaded by community members

46 households

The Department is in the process of donating the Property to Mogalakwena Local Municipality.

LP

Burgersfort

301

R/E

Vilijoenshoop

Invaders in occupation

362 households

Instruction for court order to evict the unlawful occupiers is being handled by the State Attorney.

LP

Musina

114

 

Olympie

Invader in occupation

1 person

Recommend property to be transferred to the local municipality

MP

Ermelo

267

5

Witpunt

Invaders using the farm for dwelling purposes and grazing.

7 persons

Approval memo to initiate eviction proceedings is on route to the Minister. The Msukaligwa Local Municipality and the Gert Sibande District Municipality were also engaged.

MP

Ermelo

267

7

Witpunt

Invaders using the farm for dwelling purposes and grazing.

5 persons

Approval memo to initiate eviction proceedings is on route to the Minister. The Msukaligwa Local Municipality and the Gert Sibande District Municipality were also engaged.

MP

Ermelo

273

6

Driehoek

Illegal mining. The lessees (Bambaspha Primary Agricultural Co-operative Limited do not have access onto the subject property to exercise their rights per signed Agricultural Land Lease Agre38ement.

1 company

Mashala Mining invaded the subject property and conducted open cast coal mining. The Minister granted approval for the initiation of legal proceedings in October 2019. The legal process is underway.

MP

Elukwatini

152

0

Nederlands

The invasion is still continuing through individuals allocating residential stands to unknown individuals and foreigners.

148 persons

The Department was informed by farm occupiers of illegal invasion and establishment of residential sites on the subject property. Investigation was conducted, and engagement was done with the local Traditional Authority as invaders are their subjects. A notice to Mr Nhlabathi to desist from illegally allocating residential sites on the farm was served on 28 November 2017.TheEmbuleni Traditional Authority was informed of such activities and the claimants were also engaged and are being assisted by the Commission on Restitution of Land Rights to evict the illegal occupiers. A Land Rights Enquiry is also being conducted to distinguish legitimate occupiers, claimants and labour tenants from invaders. Illegal invasion has since stopped, and regular inspections are conducted by officials from the Directorate: Property Management

MP

Delmas

556

1

Waaikraal

Permanent and temporary residential structures erected, and the local municipality is providing essential services to invaders.

63 persons

The Victor Khanye Municipality was engaged with an intention to subdivide the property and donate the affected land for human settlements.

MP

Delmas

556

6

Waaikraal

Permanent and temporary residential structures erected, and the local municipality is providing essential services to invaders.

38 persons

The Victor Khanye Municipality was engaged with an intention to subdivide the property and donate the affected land for human settlements.

NC

Kenhardt

317

1

Poortijes

Property is occupied by unauthorised persons belonging to a family, for grazing of livestock; Persons also occupy an old structure on the property, as well.

2 persons

Various engagement with family members (in person & written) to address the issue, however the issue has never fully been resolved, as some family members have refused to remove their livestock from the property/ move off the property.

The case has been referred to the State Attorney for an eviction application.

NC

Kuruman

384

1

Cropwell

Are occupied by unauthorised persons who graze their livestock, as well as reside there. (The main farmhouse has been occupied.)

2 persons

Persons were informed (in person, telephonically and through written correspondence) regarding their unauthorised occupation and use of the properties and infrastructure and were requested to vacate the properties in order to avoid legal action.

The local police were requested to assist. The processes involved in applying for and being allocated agricultural land was discussed and explained.

The illegal occupant and his legal representatives were engaged; however, they did not abide to agreements reached.

The case has been referred to the State Attorney's office to initiate eviction proceedings.

NC

Kuruman

435

3

Broughton

Are occupied by unauthorised persons who graze their livestock, as well as reside there. (The main farmhouse has been occupied.)

2 persons (same persons as on the farm Cropwell)

Persons were informed (in person, telephonically and through written correspondence) regarding their unauthorised occupation and use of the properties and infrastructure and were requested to vacate the properties in order to avoid legal action.

The local police were requested to assist. The processes involved in applying for and being allocated agricultural land was discussed and explained.

The illegal occupant and his legal representatives were engaged; however, they did not abide to agreements reached.

The case has been referred to the State Attorney's office to initiate eviction proceedings.

NC

Kuruman

1040

7

Pender

Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.

2 persons

Various meetings held with affected and involved individuals to resolve the issue. The meetings involved the authorised Pender farmers; Traditional Authority and community members from neighbouring villages; and Pender representatives & officials from the State Attorney's office.

Reports / requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened.

The State Attorney's office was engaged to assist with processes to address illegal invasions.

The Office started a phased approach by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)

NC

Kuruman

1040

30

Pender

Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.

3 persons

Various meetings held with affected and involved individuals to resolve the issue (Meetings with the authorised Pender farmers; Meetings between the Traditional Authority and community members from neighbouring villages; Meetings with Pender representatives & officials from the State Attorney's office).

Reports/ requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened.

The State Attorney's office was engaged to assist with processes to address illegal invasions.

The Office started a phased approach, by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)

NC

Kuruman

1040

31

Pender

Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.

3 persons

Various meetings held with affected and involved individuals to resolve the issue (Meetings with the authorised Pender farmers; Meetings between the Traditional Authority and community members from neighbouring villages; Meetings with Pender representatives & officials from the State Attorney's office).

Reports / requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened.

The State Attorney's office was engaged to assist with processes to address illegal invasions.

The Office started a phased approach, by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)

NC

Kuruman

1040

32

Pender

Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.

2 persons

Various meetings held with affected and involved individuals to resolve the issue (Meetings with the authorised Pender farmers; Meetings between the Traditional Authority and community members from neighbouring villages; Meetings with Pender representatives & officials from the State Attorney's office).

Reports/ requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened.

The State Attorney's office was engaged to assist with processes to address illegal invasions.

The Office started a phased approach, by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)

NC

Kuruman

1040

33

Pender

Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.

1 person

Various meetings held with affected and involved individuals to resolve the issue (Meetings with the authorised Pender farmers; Meetings between the Traditional Authority and community members from neighbouring villages; Meetings with Pender representatives & officials from the State Attorney's office).

Reports/ requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened.

The State Attorney's office was engaged to assist with processes to address illegal invasions.

The Office started a phased approach, by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)

NW

Ganyesa

514

4

Brulpun

Still invaded

3 persons

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

514

5

Brulpun

Cattle grazing - herdsman living

1 person

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

514

6

Brulpun

Cattle grazing - herdsman living

1 person

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

517

 

Vergelegen 517

Still invaded

1 person

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

444

 

Vaalboschlaagte

Cattle grazing - herdsman living

2 persons

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

444

6

Vaalboschlaagte

Cattle grazing - herdsman living

4 persons

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

444

 

Vaalboschlaagte

Still invaded

3 persons

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

444

 

Vaalboschlaagte

Cattle grazing - herdsman living

1 person

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

444

2

Vaalboschlaagte

Cattle grazing - herdsman living

3 persons

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

444

5

Vaalboschlaagte

Cattle grazing - herdsman living

4 persons

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

444

7

Vaalboschlaagte

Cattle grazing - herdsman living

2 persons

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

444

 

Vaalboschlaagte

Cattle grazing - herdsman living

2 persons

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

459

2

Mamusa

Cattle grazing - herdsman living

2 persons

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

459

4

Mamusa

Cattle grazing - herdsman living

1 person

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

989

 

Brandystake

Cattle grazing - herdsman living

1 person

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

415

2

Woodlands

Still invaded

1 person

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

415

5

Woodlands

Cattle grazing - herdsman living

1 person

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Ganyesa

420

 

Mellowood

Cattle grazing - herdsman living

1 person

The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.

NW

JM

1

 88

Block C 2nd Railway Grant

Still invaded

3 persons

The Department obtained an interim eviction order in August 2019; however it is yet to be confirmed due to subsequent postponements of hearings.

NW

Mahikeng

59

2

Lanric

Still invaded

70 households

The Department obtained a Court Order on the 27 February 2019 to evict the invaders, but the Order has not been implemented yet.

NW

Mahikeng

59

30

Lanric

Still invaded

70 households

The Department obtained a Court Order on the 27 February 2019 to evict the invaders, but the Order has not been implemented yet.

NW

Mahikeng

59

4/RE

Lanric

Still invaded

70 households

The Department obtained a Court Order on the 20 March 2019 to evict the invaders, but the Order has not been implemented yet.

NW

Ganyesa

1

88

Block C 2nd Railway Grant

Still invaded

1 person

The Department has written to the invader several times but has refused to vacate and the matter is currently in the High Court between the allocated Caretaker and the invader.

NW

HN

20

6

Donkerpoort

Still invaded

3 persons

The District Office is in discussion with the invaders.

NW

Ganyesa

455

2

Randfontein

Still invaded

4 persons

The Department obtained an interim eviction order in August 2019; however, it is yet to be confirmed due to subsequent postponements of hearings.

EC

East London

870

11(of ptn 6)

Lands End

Occupied.

1 household

Meeting was held with the invader and although the invader agreed to vacant the farm, he did not honour his decision. The invader also ignored the notice to vacate farm dated 31 October 2018 which was served on him. The office will commence with legal proceedings to evict invader.

EC

East London

649

5 & 6

Hillview

Illegal occupier vacated the farm which is now occupied by approved beneficiaries

2 persons

Eviction notice dated of 5 April 2019 served and meeting held with the invader.

EC

Peddie

48

0

Buckraal

Still in occupation and refuses to vacate.

1 person

Notice to vacate served on 3 May 2019. The office will commence with legal proceedings to evict Mr Diki.

EC

Komga

161

0

Eversley

Occupied and refusing to vacate.

2 households

A meeting was convened with the Ward Councillor; the SAPS and Mr Cikolo, who refused to acknowledge receipt of notice to vacate farm. The Department has commenced with proceedings to obtain an eviction order.

The Department had also laid trespassing and housebreaking charges against Mr Cikolo. He appeared in Komga Court under Case No. CAS17/10/2019 but the case was postponed for further investigation.

EC

Berlin

2225

   

Invaded by a company doing sand mining.

1 Company

A case was reported to Berlin Police Station by AmalingeEthuAgricultural Cooperative (approved beneficiary). Notice to vacate and rehabilitate the farm was served to Mr Noko who is the owner of the invading company in February 2020.

EC

Matatiele

70

 

Mont Plaisir

Tavern Operational

1 person

Notice served to the perpetrator

EC

King Williams Town

2177

 

Siwani's

Illegal invasion

2 persons

The invaders fenced a road and are said to be relatives to both the councillor and tribal head. An attempt to have meetings with tribal authority and councillor failed because they refused, citing potential violence, as they are apparently accused by SANCO of fuelling conflict.

EC

King Williams Town

2358

 

Dongwe

 Illegal invasion

1 person

There is an ongoing court case against the invader.

EC

Mt Ayliff

97

 

Ndzongiseni

ESKOM Substation Operating

1 person

Stakeholders meeting held to plan for facilitation of Land Rights Holders Resolutions (LRHR). No LRHR were facilitated. The conclusion of a valuation report is awaited in order to calculate the compensation to be made to the affected informal land rights holders.

EC

Mthatha

   

Mqhekezweni

Illegal invasion

130 households

The SG Office was requested to assist with the boundary verification of the farm. The SG Office is still busy with the boundary verification.

EC

Mthatha

36

 

Silverton

Some sites are demarcated and some built

38 persons

Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.

EC

Mthatha

37

 

Sikagazo

Some sites are demarcated and some built

38 persons

Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.

EC

Mthatha

48

 

Lot C

Some sites are demarcated and some built

135 persons

Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.

EC

Mthatha

10

 

Klip Drift

Some sites are demarcated and some built

140 persons

Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.

EC

Mthatha

102

 

Langeni

Some sites are demarcated and some built

220 persons

Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.

EC

Mthatha

25

 

Lyndale

Some sites are demarcated and some built

78 persons

Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.

EC

Mthatha

35

 

Paynton East

Some sites are demarcated and some built

156 persons

Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.

EC

Mthatha

34

 

Paynton West

Some sites are demarcated and some built

95 persons

Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.

EC

King Williams Town

2360

 

Farm 2360

Illegal invasion

21 persons

The issue was about people who occupied RDP houses which were allocated for other people. In retaliation, the community members demarcated sites for themselves. There is a case reported to the SAPS by Chief Makinana.

EC

King Williams Town

   

Masingatha Allotment area

Illegal invasion

200 households

Letters were written to invaders to stop the invasion.

KZN

Ingwavuma

16924

0

Zamazama

The farm is currently occupied by illegal invaders.The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.

2000 households

The invaders were informed of the unlawfulness of their occupation. On the Farm Zamazama No. 16924-HV land is allocated by Tembe Traditional Authority and it has been a practise for more than 10 years. (Erroneous traditional land allocation) This land is used for commercial businesses and residential, the part that is used for commercial purposes (Skhemele informal town) is earmarked for formalisation of a town. There are applications submitted to the Department for commercial purposes, one commercial application has been approved. According to the site inspection one can be deem this property as erroneous allocated as opposed to invasion.

KZN

Ingwavuma

16637

0

Pongola West

The farm is currently occupied by illegal invaders.

3000 households

Pongola West is a surveyed unregistered land parcel consisting out of 25 components. The invaders were informed of the unlawfulness of their occupation. On this farm the land is allocated by Nyawo Traditional Authority. It has been a practice for longer than 10 years. The land occupation pattern is formed through erroneous Traditional land allocation. According to the site inspection one can deem this property as erroneous allocated as opposed to invasion.

KZN

Ingwavuma

14585

0

Topi

The farm is currently occupied by illegal invaders. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.

300 households

The invaders were informed of the unlawfulness of their occupation.The land is allocated by Nyawo Traditional Authority. It has been a practice for longer than 10 years. (Erroneous traditional land allocation). A portion of this Farm is affected by commercial applications. Applications are at the various processing stages and the Department remains in constant engagement with the applicants. The land occupation pattern is formed through erroneous Traditional land allocation. According to the site inspection one can deem this property as erroneous allocated as opposed to invasion. The Department is also in continuous engagement with the Jozini Local Municipality to formalize the Bhambanana Township.

KZN

Ingwavuma

16455

0

Ndumu South

The farm is currently occupied by illegal invaders. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.

400 households

The invaders were informed of the unlawfulness of their occupation.0n this farm the land is allocated by Mathenjwa Traditional Authority. It has been a practice for longer than 10 years. (Erroneous traditional land allocation). A portion of this Farm is affected by commercial applications. Applications are at the various processing stages and the Department remains in constant engagement with the applicants. The land occupation pattern is formed through erroneous Traditional land allocation. According to the site inspection one can deem this property as erroneous allocated as opposed to invasion. The Department has approved a Development Rights Agreement for 1 000 units (in-situ upgrade sustainable human settlement) and is also in continuous engagement with the Jozini Local Municipality.

KZN

Ulundi

724

4

Overvloed

Property is currently illegally occupied.

1 household

A notice to vacate was issued on the 23 June 2020 and handed to Mr Mbuso Mpungose on the 3 July 2020. The invader has since responded to the Department requesting a meeting to discuss formalizing this occupation. The Department has proposed the meeting to be held in November 2020.

KZN

Charlestown

401

1

Rondavel

The farm is currently occupied by illegal invaders.

35 households

The Department conducted a site inspection in June 2019 with the Charlestown SAPS. The matter is currently dealt with by detective Nkosi at Charlestown SAPS. Invasion has been increased, the matter has been reported to the Charlestown Police Station with Case No. 12/07/2019 and the matter is under investigation. The last communique with Detective Nkosi was on the 8th October 2020.

KZN

Newcastle

8378

0

Cecil

The farm is currently occupied by illegal invaders.

20 households

The Department conducted a site inspection in March 2019 and then reported the trespassing case (OB 638/07/2019) at the Newcastle SAPS. The SAPS is still dealing with the matter. Invasion has been increased, the matter has been reported to the Newcastle Police Station and the matter is under investigation. The Department is in constant contact with SAPS so that, the matter can be resolved urgently.

KZN

Eskhaleni

15829

0

Reserve No. 9

The farm is currently occupied by illegal invaders. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.

200 households

The Remainder of the Farm Reserve 9 No. 15829-GU land is allocated by Mkhwanazi, Zulu, Nzuza and Mzimela Traditional Authority. It has been a practice longer than 10 years. (Erroneous traditional land allocation). Part of this Farm is affected by commercial applications, and disposals. Applications are at the various processing stages and the Department remains in constant engagement with the applicants. The land occupation pattern is formed through erroneous Traditional land allocation. According to the site inspection we can deem this property as erroneous allocated as opposed to invasion. The Department is also in continuous engagement with the Mhlathuze Local Municipality to finalize the disposal Vulindlela Township (R293).

KZN

Pietermaritzburg

2161

8

Garibaldi

Occupied and settled. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.

7 households

A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS.The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers. .

KZN

Pietermaritzburg

2161

12

Garibaldi

Occupied and settled. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.

4 households

A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers.

KZN

Pietermaritzburg

2161

20

Garibaldi

The farm is not occupied

Vacant

A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. While the process to obtain Ministerial approval to institute eviction proceedings was underway, a site inspection discovered that the land was vacated.

KZN

Pietermaritzburg

2161

38

Garibaldi

Occupied and settled. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.

10 households

A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers.

KZN

Pietermaritzburg

1859

1

Craighead

Occupied and settled

5 households

A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers.

KZN

Pietermaritzburg

1859

2

Craighead

Occupied and settled

8 households

A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers.

KZN

Pietermaritzburg

1859

9

Craighead

The farm is not occupied

Vacant

A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. The process to obtain Ministerial approval to institute eviction proceedings is underway. It was discovered during a site visit that the property is now vacant.

KZN

Harding

4558

1

Slexel

Lessee occupying the land

1 lessee

There were illegal sand miners on this property and the illegal miners had reached a verbal agreement with a Lessee to move to Portion 1 of the Farm Clothier No. 3836 - ET, allowing the Lessee to continue with Agricultural activities.

KZN

Harding

4558

2

Slexel

     

KZN

Harding

3836

0

Clothier

     

KZN

Harding

3836

1

Clothier

Lessee occupying the land. However approximately 30 illegal sand miners are extracting sand on the farm but do not reside on the farm.

1 lessee

There is currently illegal sand mining taking place on this property, permission to mine was granted to the miners by the Headman of Celebana Community. The Headman indicated that he was not aware that the property belonged to the State and was under the impression that it was Tribal Land. The Headman requested time until the end of October 2020 to have a meeting with the miners requesting them to stop mining where after he will provide the Department with feedback.

KZN

Harding

6852

0

Clothier

Lessee occupying the land.

1 lessee

There were illegal sand miners on this property and the illegal miners had reached a verbal agreement with a Lessee to move to Portion 1 of the Farm Clothier No. 3836 - ET, allowing the Lessee to continue with Agricultural activities.

KZN

Harding

5987

0

Lot NNA 5987

Lessee occupying the land.

1 lessee

Illegal sand mining occurred. However there were no invaders during the site inspection, however, the Department cannot confirm whether or not there is illegal sand mining because the site inspection was conducted on a raining day.

KZN

Ezingolweni

10749

0

Coniston

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene. It was discovered that the Local Chief from Xolo Tribal Authority has granted permission to a Japanese Oil Company to plant oil producing plants, at the stage of the inspection it was found that only soil preparation has taken place. There is currently a dispute between the Xolo Claimants and the Local Chief regarding the permission given to the Japanese Company. The Chief wants a meeting with the Department as he feels that the property should be handed over to the Tribal Authority. A meeting with the Chief will be planned for in November 2020.

KZN

Ezingolweni

10749

4

Coniston

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene. It was discovered that the Local Chief from Xolo Tribal Authority has granted permission to a Japanese Oil Company to plant oil producing plants, at the stage of the inspection it was found that only soil preparation has taken place. There is currently a dispute between the Xolo Claimants and the Local Chief regarding the permission given to the Japanese Company. The Chief wants a meeting with the Department as he feels that the property should be handed over to the Tribal Authority. A meeting with the Chief will be planned for in November 2020

KZN

Ezingolweni

10749

7

Coniston

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.

KZN

Ezingolweni

10749

3

Coniston

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.

KZN

Ezingolweni

10749

1

Coniston

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.

KZN

Ezingolweni

10599

0

Hanover

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.

KZN

Ezingolweni

10599

4

Hanover

The farm is not occupied

Vacant

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.

KZN

Ezingolweni

10599

1

Hanover

The farm is not occupied

Vacant

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.

KZN

Ezingolweni

7286

1

Eden

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.

KZN

Ezingolweni

7286

0

Eden

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.

KZN

Ezingolweni

7286

4

Eden

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.

KZN

Ezingolweni

7893

0

Patch

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene. It was discovered that the Local Chief from Xolo Tribal Authority has granted permission to a Japanese Oil Company to plant oil producing plants, at the stage of the inspection it was found that only soil preparation has taken place. There is currently a dispute between the Xolo Claimants and the Local Chief regarding the permission given to the Japanese Company. The Chief wants a meeting with the Department as he feels that the property should be handed over to the Tribal Authority. A meeting with the Chief will be planned for in November 2020

KZN

Ezingolweni

9485

0

Coniston A

Illegal occupier who is the local Chief who claims to be representing the claimants

1 household

The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene. It was discovered that the Local Chief from Xolo Tribal Authority has granted permission to a Japanese Oil Company to plant oil producing plants, at the stage of the inspection it was found that only soil preparation has taken place. There is currently a dispute between the Xolo Claimants and the Local Chief regarding the permission given to the Japanese Company. The Chief wants a meeting with the Department as he feels that the property should be handed over to the Tribal Authority. A meeting with the Chief will be planned for in November 2020.

KZN

Kokstad

164

0

Buildfontein

Occupied by the lessee and farm workers.

10 households

A letter has been written to the Greater Kokstad Local Municipality to stop them from constructing RDP houses on agricultural State land without the consent and authority of the Department.The Farm has since been invaded by neighbouring farm dwellers; a case has been opened with case no. 6/10/2020. The 54 temporary structures were illegally erected by the Greater Kokstad Local Municipality. The Councillor (Mfukuli) has confirmed that the Municipality has erected the 54 structures. Process to obtain approval for eviction to be started.

KZN

Kokstad

164

7

Buildfontein

Occupied by the lessee and farm workers.

10 households

A letter has been written to the Greater Kokstad Local Municipality to stop them from constructing RDP houses on agricultural State land without the consent and authority of the Department. The Farm has since been invaded by neighbouring farm dwellers; a case has been opened with case no. 6/10/2020. The 54 temporary structures were illegally erected by the Greater Kokstad Local Municipality. The Councillor (Mfukuli) has confirmed that the Municipality has erected the 54 structures. Process to obtain approval for eviction to be started.

KZN

Ixopo

15579

0

Harper

Occupied by land invaders

15 households

The illegal occupiers have been informed to stop the land invasion and Highflats SAPS has been notified about the matter. A memorandum has been sent to Legal to request consent from the Minister to initiate eviction proceedings. The invasion has increased from the last inspection; however, the eviction process is underway, the memo has been approved by the Minister.

KZN

eDumbe

479

2

Nooitgedacht

The farm is currently occupied by illegal invaders.

2 households

A criminal case has been reported at the police station. Invaders have been given a six-month verbal notice to vacate the property.

KZN

Utrecht

104

15 & 16

Vaalbank

Families came and built on the farm illegally.

22 households

The caretaker of the property referred the illegal occupation to the traditional court. The invaders were requested to vacate the farm, but they refused. The department is engaging with the invaders and will request ministerial approval to evict in the event if the engagement with the invaders are unsuccessful. The matter was reported to the Utrecht SAPS and they refused to open the case.

KZN

Newcastle

3324

6

Harte Rivier

Families came and built on the farm illegally

2 households

The Vryheid legal Officer is still investigating the matter. The property is the AFU farm, that has come back to the State. The matter is under investigation and outcome from the Curators is awaited.

KZN

Deepdale

18280

0

Deepdale Grange

People are still on the property

60 households

Inkosi is allocating sites and was informed to refrain from this. The farm has since been invaded, a tavern, Bed and Breakfast and cottages have been erected on the farm without a permission from the department.

KZN

Harding

7200

0

Riverside

Illegal house was built on the property without consent

1 household

A case of trespassing has been opened by the Department. There is currently illegal sand mining taking place on this property, permission to mine was granted to the miners by the Headman of Celebana Community. The Headman indicated that he was not aware that the property belonged to the State and was under the impression that it was Tribal Land. The Headman requested time until the end of October 2020 to have a meeting with the miners requesting them to stop mining where after he will provide the Department with feedback.

KZN

Mahlabathini

270

3

Goodluck

Induna was allocating sites to people under instruction of Inkosi.

6 households

The matter has been attended to and people have since stopped to invade the state land.

WC

Mamre

976

1

LaasteStuiver

Occupied by one family

Vacant

Notice to vacate was served on the unlawful occupier on 14 February 2020. A subsequent site inspection was done on 18 February 2020 where it was confirmed that all illegal structures were removed by the occupiers.

08 December 2020 - NW2470

Profile picture: Steyn, Ms A

Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) number of farms have been bought for land reform purposes in the Ngaka Modiri Molema District Municipality since inception of the Recapitalisation and Development (RECAP) Programme of her department up to the latest specified date for which information is available, (b) is the breakdown for each local municipality, (c) what (i) is the (aa) name of the farm, (bb) the name of previous owner and (cc) for what amount was the specified land bought and (ii) are the GPS coordinates of each specified farm; (2) what (a) is the name of each current beneficiary/project and (b) are the contact details of each beneficiary; (3) whether each farm received RECAP assistance; if not, why not; if so, what amount?

Reply:

1. (a) 69 farms

(b) Please refer to Annexure A

(c) (i) (aa),(bb),(cc) Please refer to Annexure A

(ii) Please refer to Annexure A

2. (a),(b) Please refer to attached Annexure A

(3) Please refer to attached Annexure A

ANNEXURE A: NA-Ques 2470 of 2020 Written- Land Reform farms in Ngaka Modiri Molema District Municipality

1 (b)

Breakdown for Each Local Municipality

(c) (i )(aa)

Name of Farm

1(c) (i) (bb)

Previous Owner / Seller

1(c) (i) (cc)

Purchase Price

1(c)(ii)

2(a)


Name of Each Current Beneficiary/Project

2(b)

Contact Details of Each Beneficiary

(3)

District

Local Municipality

Farm Name

Farm Description

   

Y Coordinate

X Coordinate

   

Recap Assistance Received (Yes / No)

If Recap Not Received - Why Not

Recap Amount

Ngaka Modiri Molema

Tswaing Local Municipality

Klippan

Portion 1 and 2 of the farm Klippan 305 IO

BasadiGopolang Agricultural Primary Co-operative Limited

R 3 109 250,00

-26,6401673267516

25,5189109919461

Mr. Thatayaone Justice Ramagapu

0836905294

No

Limited financial resources

N/A

Ngaka Modiri Molema

Mahikeng Local Municipality

Zeeokovallei&Wonderhoek

Portion 31 of the farm Zeekoeievallei 83 JO, Remaining Extent of the farm Wonderhoek 70 JO and Portion 3 of the farm Wonderhoek 70 JO

Coen Lamprecht Familie Trust

R 10 850 000,00

-25,7338794180693;-25,7108133593971

25,9688017373869;25,9786168624267

Mr PM Keebine

0824211943

No

Limited financial resources

N/A

Ngaka Modiri Molema

Tswaing Local Municipality

Klippan

Portion 10 (Portion of Portion 5) of the farm Klippan 133 IO, Portion 13 (Portion of Portion 1) of the farm Klippan 133 IO and the Remaining Extent Portion 1 of the farm Klippan 133 IO

JDH & MS Hattingh

R 6 340 000,00

-26,4370125575232

25,6505403145472

Mr GS Nthoesane

0824224626

No

Limited financial resources

N/A

Ngaka Modiri Molema

Mahikeng Local Municipality

Blaauwboskuil

Remaining Extent of the farm Blaauwboskuil 278 IO and Portion 1 of the farm Blaauwboskuil 278 IO

JDH & MS Hattingh

R 4 800 000,00

-26,5252988658028

25,5636037627826

Mr GG Ngakantsi

0834710594

No

Limited financial resources

N/A

Ngaka Modiri Molema

Mahikeng Local Municipality

Bultfontein

Portion 8 of the farm Bultfontein 92 JO

Coen Lamprecht Familie Trust

R 7 100 000,00

-25,798035165495

25,8605468912663

Mr TN Tshukutswane

0825938907

No

Limited financial resources

N/A

Ngaka Modiri Molema

Kgetlengrivier Local Municipality

Rondavelskraal

Portion 58 of the farm Twyfelspoort 412 JP; Portion 42 of the farm Twyfelspoort 412 JP; Portion 0 of the farm Doornfontein 375 JP and Remaining Extent of Portion 103 of the farm Rondavelskraal 290 JP

Defensive Play Properties 55 (Pty) Ltd

R 17 480 000,00

-25,6166210859434;-25,5873794199592; -25,6158037653454

26,4923461844758; 26,502523196319; 26,4888273885341

Mr A Aphane (Aphamo Pty, Ltd)

0835576605

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Kliparani and Vryhof

Remaining Extent and Portion 2 of the farm Kliparani 519 IO and Portion 2 of the farm Vryhof 518 IO

JC & ES Gouws

R 27 130 000,00

-25,9943458929839; -26,0100329365053

25,3855073980703; 25,4313374707926

Mr Aobakwe Anthony Nthwane ; Mr Ofentse Moeng and Shepstone Farming Projects

0780141326 &0817975885

No

Limited financial resources

N/A

Ngaka Modiri Molema

Tswaing Local Municipality

Leeuwpan

Portion 2 and Portion 6 of the farm Leeuwpan 279 IO

FJC Visser cc

R 6 200 000,00

-26,5040665145512

25,6026475907336

Mr. Tshepo John Tefo

0604113145

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Vlakplaats&Ruigtelaagte

Portion 2 (Portion of Portion 1) of the farm Vlakplaats 335 JP and Remaining Extent of Portion 1 of the farm Ruigtelaagte 353 JP

Peter Carroll CC

R 18 300 000,00

-25,9079742497533; -25,9397076693522

26,1051740006355; 26,1186668058272

Mr. Motshwarateu Innocent Mokoka

0785332402

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Kameelbult and Doornbult

Remaining Extent of Portion 0 of the farm Kameelbult 604 IO and Portion 9 of the farm Doornbult 603 IO

Jacobus Petrus Pieterse & Anna JacobaStefina Pieterse

R 7 460 000,00

-26,6354282892023; -26,6144623848162

25,0395601438796; 25,0716249348379

Mr. Morapedi Prince Molema

0839955227

No

Limited financial resources

N/A

Ngaka Modiri Molema

Tswaing Local Municipality

Vrischgewaagd

Remaining Extent of Portion 4 of the farm Vrischgewaagd 168 IO

Bazuidenhout Trust

R 4 605 000,00

-26,5637927544285

25,4269481809042

Mr. Lungile Malo, Mr IterelengJemisDithobiso and Mr Molatlwegi Shadrack Femela

0792916483

No

Limited financial resources

N/A

Ngaka Modiri Molema

Tswaing Local Municipality

Villiershoop

Portion 2 and Remaining Extent of Portion 3 of the farm Villiershoop 277 IO

JA Coetzee

R 5 100 000,00

-26,5164404152654

25,544477652356

Molam’s Farming (Pty) Ltd

0784121233 &0784828642

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Welverdiend

Portion 2 & 4 of the farm Welverdiend 608 IO

L Bester / ZellehenBoerdery cc

R 8 600 000,00

-26,6188218314617

25,134090276882

Mr Israel Thebe Thoka

0724077497

Yes

 

R 5 872 191,00

Ngaka Modiri Molema

Mahikeng Local Municipality

Kliparani

Portion 1 (Remaining Extent) of the farm Kliparani 519 IO

KliparaniBoerdery Trust

R 16 260 000,00

-26,0270103702327

25,3822729252702

Mr. Ramodisa Elias Monaisa and Clement Manyaneng

0635355961 & 067374 4915

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Mooiplaats

Portion 1, Remaining Extent of Portion 8, Portion 9 (a Portion of Portion 5) and the Remaining Extent of Portion 16 of the farm Mooiplaats 511 IO

JS & HJE Muller

R 4 100 000,00

-26,1443657786885

25,4408111238398


Kabelo Project Primary Co-Operative Limited

0730644057

Yes

 

R 3 890 037,37

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Olifantshoek

Ptn 1 of the farm Leeuw Bosch 252 IN, Ptn 1 of the far Olifantshoek 237 IN

Kelley Farming Estates

R 7 670 000,00

-26,1402116076599; -26,1154166385801

24,843851039417; 24,8280897940244

Reamogetse Farming Projects CC

0711913028

No

Limited financial resources

N/A

Ngaka Modiri Molema

Mahikeng Local Municipality

De Wig of Kuil

Remaining Extent of the Farm De Wig of Kuil 77 JO

Raymond Street Properties

R 7 450 000,00

-25,7482523073159

25,7185532051125

Mr. Ramosala Matthews Molete

0724848453

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Airdale&Soete-Rus

Farm Airdale 80 IN and Remaining Extent of the Farm Soete-Rus 394 IN

Airedale Boerdery (Pty) Ltd

R 20 573 986,20

-26,0285107290357; -25,9839625704984

24,4095759346885; 24,4410605665465

Dr.Mathapelo Rosalina Motse and Mr. Goitseone Ducky Mantsi

0836286632 & 0825611657

No

Limited financial resources

N/A

Ngaka Modiri Molema

Mahikeng Local Municipality

Buffelsfontein

Remaining Extent of the farm Buffelsfontein 299 JP

GeenthuizBoerdery cc

R 5 400 000,00

-25,659141427955

26,0816393470908

Mr. Bafana S Gwebu

0633853854

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Bethlehem

Portion 21 (A Portion of Portion 7) of the Farm Bethlehem 75 IO and Portion 23 (A Portion of Portion 21) of the Farm Bethlehem 75 IO

Grobbelaar Coert& Suzanne

R 4 500 000,00

-26,1322395116633

25,9426774882099

Gasetswele Organ Serema

0839757474

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Wildfontein

Portion 16 & 17 of the Farm Wildfontein 201 IP

Johannes Alidaris Venter

R 3 300 000,00

-26,3029382815564

26,5353583099846

Mmolayi and Ramadie families Tsoga re Dire CPA)

0632219659

No

Limited financial resources

N/A

Ngaka Modiri Molema

Tswaing Local Municipality

Diamant Aar &Wildebeestpan

Portion 1 of the Farm Diamant Aar 200 IO & Portion 2 of the Farm Wildebeestpan 201 IO

Roux Coenraad Jacobus Le

R 9 400 000,00

-26,6357725391886; -26,6489534541149

25,4722435648332; 25,4735366377044

Mr.N M Matshogo

0711817035/ 0604476556

Yes

 

R 11 278 217,00

Ngaka Modiri Molema

Ditsobotla Local Municipality

Blaauwbank

Portion1 of the Farm Blaauwbank 414 JO

Coen Lamprecht Familie Trust

R 5 000 000,00

-26,0206556870814

25,8922796284327

Mr. SL Mokgethi

0781067659

Yes

 

R 9 164 564,00

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Doornkraal

Remaining Extent of Portion 3 & Portion 6 of the Farm Doornkraal 110 JP

Squirewood Investments 46 (Pty)Ltd

R 8 500 000,00

-25,5164620958027

26,419333864575

Mr Letsepe Joseph MboweniBridoon Trade and Invest 34 T/A Refiloe farming

0827447447

Yes

 

R 4 102 925,59

Ngaka Modiri Molema

Mahikeng Local Municipality

Kareebosch

Remaining Extent of Portion 1 and Remaining Extent of the Farm Kareebosch 90 JO

KareeboschBoere cc

R 18 000 000,00

-25,8096940673458

25,9748335724001

Metsiatsile Agricultural Holdings (Pty) Ltd

0834585722

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Wonderfontein

Remaining Extent of Portion 7, Portion 11 (Portion of Portion 4) and Portion 12 (Portion of Portion 5) of the Farm Wonderfontein 617 IO

Barend Petrus Gerhardus Van Vreden

R 2 800 000,00

-26,7910976615695

25,0807903971393

Mr. Mosala

0839229898

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Kameelbult

Remaining Extent of Portion 7 (A Portion of Portion 6) and Portion 18 (A Portion of Portion7) of the Farm Kameelbult 604 IO

Centurion Body Manufacturers (Pty) Ltd

R 4 500 000,00

-26,6164830634779

25,0624147709543

Mr Riet

0839229898

No

Limited financial resources

N/A

Ngaka Modiri Molema

Tswaing Local Municipality

Klippan

Remaining Extent; Remaining Extent of Portion 3 and Portion 5 (A Portion of Portion 3) of the Farm Klippan 305 IO

CarelIzak Jacobus Le Roux & Salome Le Roux

R 8 000 000,00

-26,611817867546

25,5032115782716

Mr. Doki Isaac Moleleki

0725210963

Yes

 

R 9 050 612,00

Ngaka Modiri Molema

Tswaing Local Municipality

Bossieslaagte

Remaining Extent of Portion 1 & Portion 7 of the Farm Bossieslaagte 369 IO

Coenraad Frederick Nel & Leonie Nel

R 5 700 000,00

-26,8647091483281

25,6467178780434

Mr. MS Mosiako

0822906145

Yes

 

R 7 726 315,00

Ngaka Modiri Molema

Tswaing Local Municipality

De Klipdrift

Remaining Extent of Portion 75 of the Farm De Klipdrift 295 IO

Lucas Jacobus Jansen Van Vuuren & Catharina Aletta Jansen Van Vuuren

R 4 530 000,00

-26,5621304356886

25,8027836714251

Mr.MMarumola

0735117993

Yes

 

R 6 365 977,08

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Kalkfontein

Portion 4 of the Farm Kalkfontein 341 JP

JC Dreyer Trust

R 9 000 000,00

-25,8207491003461

26,3283408708022

Mr. IP Senna

0735625460

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Strydfontein

Portion 19 (Portion of Portion 18) of the Farm Strydfontein 326 JP

Hendrik George Janse Van Rensburg

R 2 850 000,00

-25,8108798612025

26,1157651491228

Mr. Mohlopheki Andrew Mabaso

0767942501

No

Limited financial resources

N/A

Ngaka Modiri Molema

Tswaing Local Municipality

Rietkolk

Remaining Extent of Portion 4 of the Farm Rietkolk 99 IO

Anthony Charles Mathews

R 3 200 000,00

-26,3077354386452

25,6543924048205

Retlhabele renewable energy

0822020434

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Shaftsbury

Remaining Extent of the Farm Shaftsbury 561 IO

Mr & Mrs Wessels

R 6 900 000,00

-26,2181236348503

25,280415383751

Mr. T Makodi

0710290440

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Grootfontein

Portion 52, 61, 62, 69 (Portion of Portion 68), 70 (Portion of Portion 66), 85 (Portion of Portion 6), 65 (Portion of Portion 43), 67 (Portion of Portion 44), 0.924242 share in the Remaining Extent of Portion 38 and 0.666666 share in Portion 53 of the Farm Grootfontein 115 JO

GrootfonteinBoerderyBeleggings Proprietary Limited

R 11 500 000,00

-25,9323331472393

25,8753084147123

Mr. Dipale

0834339743

Yes

 

R 7 510 862,00

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Logaga

Remainder of Portion 1 of the Farm Logaga 124 KP

Cronje Samuel Jacobus

R 3 000 000,00

-24,9855512114421

25,9967628591335

Mr.S S Seleka

0723339316

No

Limited financial resources

N/A

Ngaka Modiri Molema

Tswaing Local Municipality

Tarantaalkraal&Wonderfontein

Remaining Extent of Portion 1 & Portion 2 (Portion of Portion 1) of the Farm Tarantaalkraal 210 IO and Remaining Extent of Portion 1 of the Farm Wonderfontein 211 IO

CorwilFamilie Trust

R 7 000 000,00

-26,7947664332885; -26,8083166169437

25,1381220667191; 25,1182358693972

Mr. Sebogodi

0828205217

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Doornhoek;Valleifontein&Rooigrond

Remaining Extent of Portion 20 of the Farm Doornhoek 305 JP, Remaining Extent of Portion 136 of the Farm Valleifontein 113 JO and Plot 47 Rooigrond JO

Catwalk Investments 453 (Pty) Ltd

R 22 600 000,00

-25,6962017574137; -25,9220095162

26,1394193451774; 25,8305485919401

Mr. Sebego( Akan Grand Broilers (PTY) LTD) & Mr. Mahlase (Ditloga (PTY) LTD)

0826572885 & 0747568033

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Homewood

Remaining Extent of Portion 2, Portion 5, 7, 8 and Portion 14 (Portion of Portion 4) of the Farm Homewood 607 IO

Petrus Erasmus Johannes Vorster

R 23 300 000,00

-26,6153252066887

25,1120496934916

Mr. M Malo

0826824041

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Mooimeisiefontein

Remaining Extent of Portion 31 and 25 of the Farm Mooimeisiefontein 118 JO

The Trustees Of The Jewee Trust

R 4 800 000,00

-26,018309161179

25,8427668452901

Mr. Mbiya

0716350413

Yes

 

R 6 956 469,00

Ngaka Modiri Molema

Ratlou Local Municipality

Stoneham

Remaining Extent of Portion 2 of the Farm Stoneham 507 IO

Johannes Badenhorst& Elsie Badenhorst

R 2 200 000,00

-26,1685579373412

25,5251049331385

Mr. Mpambane

0737775331

Yes

 

R 7 094 066,00

Ngaka Modiri Molema

Ratlou Local Municipality

Corsica

Portion 6 of the Farm Corsica 219 IO

The Trustees From Time To Time Of Wenheimtrust

R 4 700 000,00

-26,7760385501353

25,243091369123

Mr. Wittes

0837310230

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Graspan

Remaining Extent of Portion 1 of the Farm Graspan 217 IO

Graspan Trust

R 3 100 000,00

-26,8006072239507

25,269835509493

Mr. Mothusi

0728346418

Yes

 

R 9 747 152,64

Ngaka Modiri Molema

Ratlou Local Municipality

Corsica

Portion 8 of the Farm Corsica 209 IO

Johanna Catharina Magrietha Venter

R 6 400 000,00

-26,7932206075256

25,2539648286928

Ms. T P.Mfaladi (Tlamelo Fresh Produce CC)

0738173780

Yes

 

R 2 543 004,67

Ngaka Modiri Molema

Ratlou Local Municipality

Emmanuel; Mooimeisjesfontein&Blaauwbank

Farm Emmanuel 416 JO, Remaining Extent of Portion 37 of the Farm Mooimeisjesfontein 118 JO and the Remaining Extent of the Farm Blaauwbank 414 JO

Johannes JurieLouw

R 17 000 000,00

-25,9937137597182; -26,0146827954238

25,8614425232436; 25,8755745481984

Dricon Trading 48 CC & Mr. W Tshabalala

0782593801& 0781876681

Yes

 

R 8 803 523,54

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Bronkhorstfontein

Portion 9 (Portion of Portion 2), Portion 7 (Portion of Portion 6), Remaining Portion of Portion 6 (Portion of Portion 1) and Portion 16 (Portion of Portion 5) of the Farm Bronkhorstfontein 312 JP

Izak Petrus Mouton & Jacob Maria Mouton

R 4 800 000,00

-25,7889757602013

26,2807973118784

Mr. M Mokwena

0713720029

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Gemsbokvlaakte

Remaining Extent of the Farm Gemsbokvlaakte 399 JN

Johannes Gerhardus Niemann

R 9 500 000,00

-25,8895947769863

24,5096065317307

BarolongboMariba

 

No

Limited financial resources

N/A

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Straatsdrift

Portions 13, 22, 37 (Portion of Portion 18) and Remaining Extent of Portion 19 of the Farm Straatsdrift 74 JP

PropatiqueInv 1015 Cc

R 3 900 000,00

-25,3106059878836

26,4361860196877

Mr. A Khan

0780916644

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Trekdrift

Remaining Extent of Portion 26 and Portion 31 of the Farm Trekdrift 360 JP

Dawid Johannes Jacobs

R 1 700 000,00

-25,9043918446099

26,0212851849571

Mr. O Medupe

0731970208

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Haakdooren

Remaining Extent of the Farm HaakdoorenVlei 63 JN

Johhannes Petrus Daniel Maree

R 6 350 000,00

-25,9185215823103

24,5273980223875

BarolongboMariba

 

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Rooidammetjie

Portion 10 ( Portion of Portion 9) and Remaining Extent of Farm Rooidammetjie 501 IO

Tekett BK

R 1 938 430,70

-26,119751997283

25,552544429016

Mr. M Kgantsi

0768711240

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Twee BuffelsGeschiet

Portions 5, 6, 19, 37 & 48 of the Farm Twee BuffelsGeschiet 42 IP

Johanna Catherina Magdalena Koekemoer

R 2 387 000,00

-26,1734064201156

26,4377041841902

Mr. Motswenyane

0787175013

Yes

 

R 2 908 678,12

Ngaka Modiri Molema

Ditsobotla Local Municipality

Treurfontein

Remaining Extent of Portion 1 of the Farm Treurfontein 73 IP

Gideon Gerhardus Jacobs

R 2 200 000,00

-26,342290205626

26,2774991950439

Mr. K Molete

0825472352

No

Limited financial resources

N/A

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Straatsdrift

Portion 16, Portion 41 (A Portion of Portion 18), Portion 36 (A Portion of Portion 18) and Remaining Extent of Portion 18 of the Farm Straatsdrift 74 JP

Danie Fourie Familie Trust

R 3 394 523,00

-25,2967022489734

26,4247489329635

Mr. A Khan

0780916644

No

Limited financial resources

N/A

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Rietfontein

Portion 16 (A Portion of Portion 15) of the Farm Rietfontein 54 IP

BEZI INV PTY LTD

R 11 600 000,00

-26,2643517280756

26,0950842130225

Dr. O Mfikwe (Elicidor 77)

0823542402

Yes

 

R 5 517 016,10

Ngaka Modiri Molema

Tswaing Local Municipality

Welverdiend

Portion 2 & 9 of the Farm Welverdiend 304 IO

Christina Le Roux

R 4 935 000,00

-26,5384215253569

25,5418912821305

Mr.LJ Molefe

0717986101

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Elizabeth

Portion 3 & 4 of the Farm Elizabeth 357 JP

Mr & Mrs Dreyer

R 6 000 000,00

-25,9632120453015

25,9964268446741

Mr. K Mogwe

0836555827

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Dover

Portion 2,3,4,6 and Remaining Extent of the Farm Dover 209 JO

VIZIRAMA 176 PTY LTD

R 22 000 000,00

-25,9309459847225

25,1714612734234

Mr. S Mohapi& Mrs. Tlatsana

0787470174 & 0833428852

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ratlou Local Municipality

Wegdraai / Krom Spruit

Farm Wegdraai (Portion 2 & Extent of Wegdraai 205 and Portion 2 of Krom Spruit 212

ANDRIES STEPHANUS NIEMANN

R 12 730 000,00

-26,043466017; -26,0860855547318

24,5590731070001; 24,5681717264173

Ernest Mocumi - Barolong Bo Mariba

 

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Sterkfontein

Portion 8 (Portion of Portion 1) of the Farm Sterkfontein 155 IP

CATHARINA MARIA BOSMAN

R 2 400 000,00

-26,2343772010616

26,5056593804866

Mr. G Mokoto

0743311017

Yes

 

R 2 590 899,77

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Trekdrift

Portion 33 of the Farm Trekdrift 360 JP

HESTER SOPHIA JOHANNA GELDENHUYS

R 3 400 000,00

-25,9131912864132

26,0142527017864

Mr.KRakate

0826104132

Yes

 

R 2 173 600,00

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Klippan

Portion 16, 17 & 18 (Portion of Portion 12) of the Farm Klippan 13 IP &Schaapplaats 14 IP

LAND & AGRICULTURAL DEVELOPMENT BANK OF SOUTH AFRICA

R 7 170 000,00

-26,0215076004763; -26,0643364580311

26,4429005270186; 26,3972262135177

BashaBalemirui

0766229955

Yes

 

R 3 475 117,70

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Twyfelhoek

Portion 1 of the Farm Twyfelhoek 62 JO

JOHANNES COENRAAD LAMPRECHT

R 4 600 000,00

-25,6565308488299

25,7921249800836

Mr. Molamu

0725727572

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Nooitgedacht

Remainder of the Farm Nooitgedacht 131 IP

VETPAN LANDGOED CC

R 8 728 000,00

-26,0732952793317

26,7552549671129

Mr. Mocwiri

0822535427

Yes

 

R 3 771 758,00

Ngaka Modiri Molema

Tswaing Local Municipality

Schoongezigt

Portion 1 of the Farm Schoongezigt 120 IO

CHRISTIAAN JOHAN VAN NIEKERK

R 4 400 000,00

-26,3769167513196

25,6421708491718

Mr. RO Lerole

0827497524

No

Limited financial resources

N/A

Ngaka Modiri Molema

Tswaing Local Municipality

Rietkolk

Farm Rietkolk 423 IO

JOHANNES JACOB FREDERIK VAN JAARSVELD

R 2 000 000,00

-26,2682305647484

25,7246322465744

Mr. T Leteane

0825735238

No

Limited financial resources

N/A

Ngaka Modiri Molema

RamotshereMoiloa Local Municipality

Willowpark

Remaining Portion of the farm Willowpark 41 JO

OCKERT ANDRIES VAN WYK

R 3 000 000,00

-25,5175917272889

25,9563979814552

Mr. O Motlogelwa

0782203002

No

Limited financial resources

N/A

Ngaka Modiri Molema

Ditsobotla Local Municipality

Trekdrift

Portion 4 of the Farm Trekdrift 360 JP

MATTHYS CHRISTOFFEL DE KOKER

R 7 200 000,00

-25,9311730475607

25,9974653927573

Mrs. Mochwane

0664221031

Yes

 

R 2 488 980,00

Ngaka Modiri Molema

Ditsobotla Local Municipality

Elizabeth

Portion 5 and Remainder of Portion of the Farm Elizabeth 357 JP

JACOB PIETER DREYER

R 5 722 000,00

-25,9825194659008

26,0108741171443

Xolani Makhakha

0722022290

No

Limited financial resources

N/A

08 December 2020 - NW2791

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she acknowledges that the Republic has a duty to incorporate the Terrestrial Animal Health Code of the World Organisation for Animal Health pursuant to the Republic’s international obligations arising from articles 3 and 13 of the Agreement on the Application of Sanitary and Phytosanitary Measures read with clause 3(b) of Annexure A of the specified agreement; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The Minister of Agriculture, Land Reform and Rural Development acknowledges that that the Terrestrial Animal Health Code of the World Organisation of Animal Health contains guidelines for member countries. The relevant chapters and sections of these guidelines could be incorporated into legislation of member countries as and when appropriate.

08 December 2020 - NW2789

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) problems have been experienced by her department that have contributed to the President of the Republic of South Africa, Mr M C Ramaphosa, not proclaiming a date for the commencement of the Animal Health Act, Act 7 of 2002, and (b) interventions are currently in place to resolve the specified problems?

Reply:

(a) The Department of Agriculture, Land Reform and Rural Development has not experienced any particular problem with the commencement procedures with respect to the Animal Health Act, 2002 (Act No. 7 of 2002) which was promulgated by the President in July 2002 but not yet proclaimed.

(b) No specific interventions are required at this point. However, the Department has been working on the draft regulations and assessing appropriate cooperative governance structures and delegation of the veterinary authority. The Department continued this work over an extended period of time. However, a number of delays have been experienced and other processes such as the assessment of the Performance of Veterinary Services (PVS) by the World Organisation for Animal Health (OIE) have indicated conflicting and often limited legislative considerations. Based on these developments, the Department is currently consulting with Legal Services on how to further address the current challenges and could possibly consider repealing the Animal Health Act of 2002.

08 December 2020 - NW2919

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total amount of drought relief funding support was provided by her department to affected farmers from 1 January 2018 up to the latest specified date for which information is available, (b) amount of the total funding was allocated for (i) direct support in the form of feed and (ii) other ancillaries such as drought awareness and other relief measures and (c) are the details of the service providers that were awarded contracts related to the specified drought relief support?

Reply:

Below are the details of the allocations made towards drought relief since 2018/19 to date. These allocations do not include those that were allocated by provinces through equitable share.

Allocations for 2018/19

In the 2018/19 the Department facilitated the submission of funding requests from provinces after the Minister of Finance announced the availability of provisional allocation for drought interventions and other disasters. Eight provinces (excluding Gauteng) submitted their funding requests which were consolidated and submitted to National Treasury. Six of the eight requests were approved namely, Western Cape, Eastern Cape, Limpopo, Mpumalanga, Northern Cape and Free State. The implementation of the drought relief is done by the provinces.

PROVINCE

a) AMOUNT

b) HOW IT WAS USED

Eastern Cape

R20 000 000

Feed for livestock.

Free State

R13 500 000

Desilting of dams and development of boreholes.

Northern Cape

R43 000 000

(last tranche of R127m mentioned above)

Feed for livestock.

Limpopo

R10 000 000

Desilting of dams, boreholes drilling and equipping as well as fodder for livestock.

Mpumalanga

R10 000 000

Desilting of dams, boreholes drilling and equipping as well as fodder for livestock.

Western Cape

R170 000 000

Feed for livestock.

Total Amount

R265 000 000.00

 

The Department also received funding through the Land Care programme in the same year (2018/19). Below are the details of the outputs achieved by National and Provincial Departments on the allocated budget and also the details of the service providers that were awarded contracts to the specified drought relief support at national level.

IMPLEMENTING PARTNER

(a) BUDGET ALLOCATION

(b) ACTIVITY OUTPUTS IN QUANTITY

(c)LIST OF SERVICE PROVIDERS FOR DROUGHT RELIEF ONLY AT NATIONAL LEVEL

1. Eastern Cape

R 35 950 000

2693 Hectares (Ha) of alien invasive plant control, 4 water sources protected, 915 water tanks/troughs, 9 no-till planters, 9 boom sprayers, 6 damdesilted, 1 borehole drilled and 698 work opportunities created.

N/A

2. Limpopo

R35 200 000

2 boreholes drilled, 42.8 km fence erected, 1420 Ha of weeds/invasive plants controlled, 30 Ha under conservation agriculture, shade nets & irrigation to two farmers, 29 gabions constructed, 10.5 km fire belt constructed, 15000 seedlings of vetiver species and 2010 work opportunities created.

N/A

3. KwaZulu Natal

R9 850 000

4118 Hectares, 11 Awareness campaigns, 2 Information days to promote conservation agriculture and 367 work opportunities created.

N/A

4. Mpumalanga

R 10 900 000

123.57 km fence erected, 349 work opportunities created, 4306 Ha controlled, 3.8 firebreaks constructed, 9Ha conservation agriculture (CA) and 8 farmers day on CA conducted.

N/A

5. Northern Cape

R 35 000 000

41 boreholes drilled, 15 stock water system constructed, 800Ha re-seeded, 2 awareness campaigns, 4 capacity building exercise conducted,30 gabion constructed, 223 km fence erected, 6093Ha cleared and 538 work opportunities created.

N/A

6. North West

R 31 200 000

18 boreholes drilled, 7 boreholes sighted, 416 Ha of bush encroachment cleared, 1 awareness campaign held, 4 tunnels constructed, 2 no-till planters procured, 1 windmill repaired, 1 TLB procured, 1 pivot system, 1 school vegetable garden established and 427 work opportunities created.

N/A

7. Western Cape

R 41 900 000

2297 Ha alien plants controlled, 202 km fence erected, 67km firebreaks constructed, 24 km of stock watering system constructed and 14 boreholes drilled.

N/A

8. National

R100 000 000

200 No till implements, 315 water tanks, 105 km Fire breaks, 25000 Moringaoleifera seedlings, 35000 Portulacariaafra seedlings, 1400 Sesbaniasesbans var nubica seedlings, 3500 kg of seeds (700 kg each of Cajanuscajans, Lablabpurpureus, Eragrotis Tef, and Perennial Sorghum), over 500 trainees capacitated on agricultural skills, 2 drone system and soil survey tools for monitoring of natural resources and herbicides for alien control to recharge water and grazing capacity.

  • Interlicomp
  • NLS consulting
  • Sukuma distubutors
  • BBF safety group
  • Macnet business development
  • Maswika trading and projects
  • Molaba investment co-operation
  • Iqembu consulting
  • Group effort worx
  • Mustard seed trading
  • Impumelelo agri business solutions
  • Hermpo trading

Allocations 2019/20 (CASP Allocation)

The funds below were allocated to following provinces following reprioritised Comprehensive Agricultural Support Programme (CASP) funds.

PROVINCE

  1. AMOUNT
  1. HOW IT WAS USED

Mpumalanga

R8 000 000

Fodder for livestock; support for fodder bank; dam scooping

Limpopo

R9 000 000

Boreholes and desilting of dams in communal farms

Northern Cape

R34 000 000

Fodder for livestock; expansion of fodder bank; planting of maize and Lucerne along the Orange River.

Total Amount

R51 000 000.00

 

Allocations for 2020/21

The following projects are still in progress as the funds were transferred in July 2020. These funds were acquired through the National Disaster Management Centre (NDMC) as part of the provincial disaster grant following the declaration of the drought as a national state of disaster in February 2020.

Provinces

  1. AMOUNT
  1. HOW IT IS USED

Eastern Cape

R35 000 000

Borehole development and fodder production

KwaZulu-Natal

R4 000 000

Dam rehabilitation, re-scooping silted dams

Limpopo

R18 640 000

Drilling and equipping of boreholes, construction of reservoirs.

Mpumalanga

R12 160 000

Fodder bank support, drilling and equipping of boreholes, provision of animal feed.

Northern Cape

R35 689 000

Fodder provision; extension of fodder bank irrigation, clearing of prosopis, transportation of fodder to all districts.

North West

R8 000 000

Equipping of boreholes.

Western Cape

R25 000 000

Provision of fodder.

TOTAL Amount

R138 489 000

 

(b) (ii) Below are the details of the allocations made towards other ancillaries such as drought awareness and other relief measuressince 2018/20 to date. These allocations do not include those that were allocated by provinces through their provincial allocations.

Awareness on disaster risks reduction and drought

Type of awareness

Period

Total cost

Weather and climate capacity building in two provinces

March 2019

R 55 410.00

Uptake of early warning information in three provinces

March 2018, March 2019, November 2019

R 35 800.00

Roving seminars on weather and climate

February 2018

R 12 000.00

Total

 

R 103 210.00

08 December 2020 - NW2917

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, with reference to her reply to question 459 for oral reply on 4 November 2020, she will indicate what (a) total number of farmers who were affected by fire were assisted, (b) was the total amount of financial support that was provided to each affected farmer, (c) was the cost of damage caused by fire and (d) are the details of how her department is assisting specifically those farmers with loans from Land Bank who cannot access the input costs to rebuild their herd and their farms?

Reply:

a) The report submitted by Northern Cape Province indicate a total number of 145 verified farmers affected by veld fires and they were assisted with livestock feed. A total of 82 tons from the provincial fodder banks which is R3000 per ton were provided. Extension services gave all affected farmers notices to collect the fodder from Fodder Bank at Vaalharts Research Station as calculated on listed Large Stock Unit’s per farmer. Free State department agriculture declared a state of fire disaster and requested R15 million from their equitable share to assist 117 farmers and still awaits the disbursement of that amount.

b) No direct financial support has been provided to farmers as yet by both provinces while Free State awaits the disbursement from the provincial department to support the affected farmers.

c) A total number of 44060 hectares (110 for Free State and 43 950 for Northern Cape) have been damaged by fires.

d) According to the preliminary reports submitted by both Northern Cape and Free State, there is no indication of any farmers who need loans to rebuild their farming.

In the meantime, the disaster management act requires that the provinces must reprioritize their budgets to address the immediate needs of affected farmers and then approach National Disaster Management Centre for additional funding.

08 December 2020 - NW2907

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether the Animal Health Act, Act 7 of 2002 is an attempt to partially domesticate the Republic’s international obligations arising from the Agreement on the Application of Sanitary and Phytosanitary Measures; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The aim of the Animal Health Act, 2002 (Act No. 7 of 2002) is to promote animal health and to control animal diseases; provide for the appropriate governance structures and regulate the importation and exportation of animals.

The Sanitary and Phytosanitary Agreement applies to all sanitary and phytosanitary measures which might affect international trade. Members can apply science-based risk measures to achieve an appropriate level of sanitary and phytosanitary protection in relation to risks to animal and plant life and human health. Domestic legislation such as the Animal Health Act, 2002, contributes to compliance to international obligations, such as those contained in the SPS Agreement, but domestic legislation and related policies extends beyond this and aims to achieve its primary purpose statement (e.g promoting animal health).

01 December 2020 - NW2377

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Buthelezi, Mr EM to ask the Minister of Agriculture, LandReform and Rural Development

Whether, with reference to the tabling of the draft Expropriation Bill on 9 October 2020, the Government has conducted an audit of (a) land under the control of the State which can be redistributed without compensation and (b) unused land by owners living abroad; if not, what is the position in each case; if so, what are the relevant details in each case; (2) what (a) measures will be put in place to ensure that the beneficiaries of expropriated land have the requisite knowledge and skills to make that land profitable taking into account that much of the land that was given to black South Africans is now lying unproductive and most projects have failed because of lack of skills and (b) will be done to ensure the adoption of the Expropriation Bill does not result in lost investor confidence, particularly from the Republic’s main foreign investors?

Reply:

1. No. Government has not yet identified the land which can be redistributed without compensation andunused land by owners living abroad,and therefore such land audit has not been conducted.

(a),(b) Falls away.

2.

a) In line with the Beneficiary Selection Policy, all beneficiaries allocated the land are subjected to a compulsory training in line with their skills and knowledge needs.

b) Government through the relevant affected Departments, will provide a comprehensive communication strategy to address the concerns of the investors on the expropriation of land.

01 December 2020 - NW2762

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, with reference to the community of Ward 18 Jojweni under Lower Ncora VD Nomadamba JSS VD in IntsikaYethu Municipality under Chris Hani Region, Eastern Cape, who heard for the first time in a community meeting that a certain person (name furnished) is registering a Communal Property Association (CPA) for them and this will result in the termination of the Amadleloproject that has leased their land for a dairy project, her department is informed of such a person registering a CPA for the affected community; if not, what is the position in this regard; if so, what are the reasons that her department is registering a CPA on land that belongs to the community and wanting to dictate on how their land be should used?

Reply:

No.The Department is not informed of such registration.However, the provincial office of the Department is currently updating themembership list of the existing Ncora-Qumanco CPA in 10 villages of Ncora in preparation of an AGM. The Project officer responsible for this CPA is Miranda Tengani based in the Queenstown office.

01 December 2020 - NW2586

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Cebekhulu, Inkosi RN to ask the Minister of Agriculture, Land Reform and Rural Development

Following her announcement that over 700 000 ha of State land would be redistributed, and taking into consideration the Proactive Land Acquisition Strategy, (a) how is the Government going to support all those new farm applicants, given the stark decrease in the supplementary land reform budget, (b) from which budget line item will the training, recapitalisation and other costs be paid from and (c) what plans and/or mechanisms has the Government put in place to ensure equitable access to the State land it redistributes; (2) whether there are no interested land reform applicants in Gauteng and the Western Cape; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. (a)In line with the decrease in the supplementary Land Reform budget, the Department of Agriculture, Land Reform and Rural Development (DALRRD)will consider a partnership model to enable support to all new farm applicants. Partners are critical and will enable DALRRD to leverage their (additional) funding.The following plans have also been put in place to support the productive use of state-land by successful applicants:

  • Provision of conditional grants to enable access to production inputs, implements, on-farm infrastructure, training and mentorship, market access and South African Good Agricultural Practices (SA GAP) for those producing perishable products.
  • Re-introduce blended funding and together with partners like the Industrial Development Corporation (IDC), develop and support suitable land for high value, export-oriented products.
  • Repurpose micro finance scheme to increase access to cheap loans through the Land Bank which are affordable as many will be start-up operations managed by women and youth.
  • Furthermore, our partnerships with the commodity organizations will ensure that we provide specialised technical adviceandlinkbeneficiaries to existing markets and study groups;

b) Training, recapitalisation and other costs will be paid from the conditional grants budget line item of farmer support/post settlement.

c) The process of advertising the properties is done in a fair and equitable manner to ensure that all qualifying citizens are having an equal opportunity to access and submit their applications. This includes publishing in different platforms and in various official languages. The applications will be scrutinized by a committee to ensure proper allocation in line with the criteria outlined in the advert. The target groups for the project are women, youth and persons living with disabilities to aid in shaping the economy and agriculture for the future and to remedy the gaps for previously marginalised groups. Although persons falling outside these target groups may still apply, priority will be given to the above groups. Clear criteria and Standard Operating Procedures have been developed to ensure that applications across the country are treated consistently and fairly by applying the same standards.

2. No assessment was done to determine if there are interestedapplicants in Gauteng and Western Cape; however; there is also no state-land available to be released in the provinces of Gauteng and Western Cape. It should be noted that applicants from any province, including Gauteng and Western Cape may still apply for land in any of the provinces where land has been made available for agricultural leasing provided they are willing to relocate if appointed as lessees on such properties. Therefore, if there is interest from the residents in Gauteng or Western Cape, they can still apply in line with the current advert.

01 December 2020 - NW2469

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

(a) What number of hectares of State land is registered in the name of the State and (b) on what date will the Government make all suitable agricultural State land available for land reform purposes?

Reply:

a) There are 9 778 241 hectares of state land registered under the custodianship of DALRRD in the name of the State.

b) The state will continually make agricultural land available through several processes such as disposal, allocation, leasehold etc.

01 December 2020 - NW2367

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and RuralDevelopment

What measures has her department put in place to support black women in the wine industry who recently protested in front of the Parliamentary precinct and handed over a petition under the banner of Black Wine Business complaining about the lack of support from the Government, particularly her department?

Reply:

A meeting was held with the Black Women and Youth Businesses in wine industry in August 2020. Subsequently, a task team was established that has engaged with role players in the wine industry during September 2020. The task team will followup on all issues raised and provide regular feedback to the wine industry accordingly.

Furthermore, as part of its transformation trajectory, the Department of Agriculture, Land Reform and Rural Development has introduced measures to empower and mainstream women in the sector, including women in the wine industry. The existing measures are as follows:

i) The Beneficiary Selection and Land Allocation Policy seeks to ensure gender equality and inclusivity by unlocking access to land to the most marginalised and vulnerable groups, specifically to smallholder producers, women, youth and people with disabilities, rural and peri-urban residents and military veterans. This policy advocates for 50% women, 40% youth and 10% people with disabilities.

ii) Norms and Standards for the inclusion of Vulnerable Groups (NSVG) that is a tool used to influence and provide guidelines for setting measurable targets for departmental programmes to prioritize vulnerable groups and to articulate the precise targets and timeframes. The NSVGadvocates for the allocation of at least 50% support to women, 50% to youth (of which 50% are agricultural graduates) and 6% to people with disabilities.

iii) Draft Comprehensive Producer Development Support Policyaims toregulate and guide the provision of support to the various categories of producers, thereby contributing to a sustainable and competitive agricultural sector. Through this Policy, government commits to promoting conditions which enable allpreviously disadvantaged citizens and targeted groups (women, youth, people with disabilities and military veterans) to gain access to land. This will be achieved through ensuring no less than 50% allocation of agricultural farming land for smallholders under the Redistribution Programme to women, 40% to youth, and 10% to people living with disabilities.

13 November 2020 - NW2611

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

With reference to the judgment by the Eastern Cape High Court, Grahamstown (details furnished), on 25 August 2020, the conditions that were required to be filled prior to departure included that a reduced number of sheep may be exported live to the Middle East and her department to monitor and ensure compliance with the guidelines of the World Organisation for Animal Health, what are the relevant details of how her department, within the time period of less than a week between the specified judgment and departure, complied with all the responsibilities of the Competent Authority, including the monitoring and evaluation of all 50 000 sheep at the point of loading; (2) what are the relevant details of how her department ensured that (a) the animals were housed and loaded correctly, including protecting them from adverse weather and minimising stress, by parties competent in the humane handling and care of animals, (b) minimum standards were set for the welfare of the animals while on board, at the end of the journey and in case of emergencies, (c) there was sufficient equipment and medication on board, including enough facilities, as well as competent handlers and vets and (d) the animals were given sufficient time to adjust to a novel diet they would receive on the ship?

Reply:

(1) The judgement by the Eastern Cape High Court instructed the Department Agriculture, Land Reform and Rural Development (DALRRD) to monitor the loading of the sheep and ensure that the exportation is in line with the animal welfare chapter of the Terrestrial Animal Code of the World Health Organisation for Animal Health (OIE).

Two Department of Agriculture, Land Reform and Rural Development (DALRRD) employed veterinarians, two Eastern Cape Department of Rural Development and Agrarian Reform (DRDAR) employed veterinarians and a DALRRD employed Animal Health Technician participated in the monitoring exercise. One DALRRD veterinarian and one DRDAR veterinarian monitored the loading at the East London harbour and the rest were monitoring the loading at the Castledale feedlot in Berlin.

The judgement also required that the officials submit affidavits to the Registrar of the Animal Improvement Act within a day of completion of the loading. This was done and the Registrar acknowledged receipt of the affidavits. The affidavits were also lodged with the Eastern Cape High Court as required.

(2) As indicated in the response to question one, five government officials participated in the monitoring of the loading exercise both at the feedlot and the harbour. This monitoring exercise was part of ensuring that the loading is done correctly and in line with the court judgement.

13 November 2020 - NW2610

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, with reference to the suffering of animals during live export and given that the Muslim Judicial Council has stated that live export violates the tayyib (clean and pure) requirements and standards needed for Halaal certification, thereby making the live animals unfit for religious purposes and in light of the fact that prior to 2019, chilled carcasses were exported in order to ensure food security in the importing country and provide revenue generation for emerging farmers, she will acknowledge that live export excludes all downstream processing industries and the jobs that this supports; if not, what is the position in this regard; if so, what are the reasons that her department is supporting live export?

Reply:

The department has not made any finding that the animals suffer during live export. The transportation of live animals by sea, if done in compliance to animal welfare and health requirements, does not pose any more challenges to the animals than it would be the case when the animals are kept on a farm or feedlot.

The Muslim Judicial Council has not submitted any statement on live animal exports to the department and therefore the department is not in a position to respond to the question until we have received the statement and studied it.

Access to mainstream markets is the heartbeat of agribusinesses. Ability of smallholder farmers to secure supply contracts for animals at export parity prices is an affirmation to the competitiveness of agribusinesses exporting the animals. In this instance, downstream value chain actors such as abattoirs will need to procure raw material at export parity prices. It is unfair and unjust expectation for smallholder farmers to sell animals at lower than export parity prices with the intention to accommodate downstream activities. Inclusive economic growth of the sector that significantly contributes to job creation and reduction of poverty is directly linked to the competitive performance of agribusinesses.

12 November 2020 - NW1492

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether any persons employed in the National Geomatics and Management Services of her department have been suspended (a) in each of the past three financial years and/or (b) since 1 April 2020; if so, what are the relevant details in each case, including (i) the reason for suspension, (ii) the date on which suspension (aa) was instituted and (bb) ended, (iii) whether the specified employee received full remuneration during the suspension and (iv) the duration of each disciplinary hearing conducted; (2) whether her department has a policy on the turnaround time for conducting disciplinary hearings; if so, what are the relevant details?

Reply:

1. (a) 2017-2018: Yes.

2018-2019: No

2019-2020: No

(b) Since 1 April 2020: No.

(a),(b),(i),(ii)(aa),(bb)(iii),(iv) Please refer to the table below.

   

(i)

(ii)(aa)

(ii)(bb)

(iii)

(iv)

No

Name

Reasons for suspension (type of misconduct)

Date of suspension

Date uplifted

Full pay

(Y/N)

Duration

1.

Chief Surveyor-General

Possible interference

(irregularities in the handling of project)

11 May 2017

Still on suspension

Yes

36 months

(Commenced 31 July 2017)

2.

Chief Director Cadastral

Spatial Information

Possible interference

(irregularities in the handling of project)

10 May 2017

4 Nov 2019

Yes

36 months

(Commenced 17 July 2017)

(2) Yes, the Departmental Disciplinary Policy. Disciplinary hearingsmust be held within 30 to 60 days from the date of suspension, depending on the complexity of the matter and length of the investigation.

12 November 2020 - NW1797

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Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, (a) with reference to the 2019-20 Annual Report of the Ingonyama Trust Board (ITB) which showed that there is no evidence which confirms that traditional communities on trust land have actually benefited from the increase in revenue as a result of converting Permissions To Occupy to leases and (b) in response to the Portfolio Committee on Agriculture, Land Reform and Rural Development the Chairperson of the ITB, (name furnished) said the funds were held in trust, her department has taken any steps to ensure that the rightful beneficiaries of the trust receive clinics, schools, electricity, water, good roads and other basic service needs from the proceeds of the rentals on their land; if not, what is her department’s position in this regard; if so, what (i) steps has her department taken and (ii) benefits have accrued to the beneficiaries in the past five years?

Reply:

a) No.The Auditor-General has not yet concluded the audit of the ITB for 2019/20 Financial Year.

b) No.The provision of schools, clinics, water, electricity, roads and other basic services remains the primary obligation of government and are not catered for in the Ingonyama Trust Act.

(i),(ii) Falls away.

11 November 2020 - NW2582

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

With reference to the reported facilitation of the lifting of the livestock ban between South Africa and Kuwait by the Eastern Cape Development Corporation, (a) what was the reason for the ban and/or moratorium that had been in place and applied to livestock in the Eastern Cape for more than a decade (details furnished) and (b) on what grounds was the ban or moratorium lifted?

Reply:

(a) There has never been a livestock ban and/or moratorium between South Africa and Kuwait, which has been in place and applied to livestock in the Eastern Cape for more than a decade or any similar period. The only ban related to livestock and Kuwait was the court order that was granted to the NSPCA on the 09th June 2020 to ban the exportation of live animals from South Africa to the Middle East. The judgement was subsequently reversed in August 2020 through an appeal lodged by the exporter.

(b) There was no livestock ban or moratorium between South Africa and Kuwait.

30 October 2020 - NW1925

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and RuralDevelopment

What (a) is her department doing to ensure 2019 winners of Youth in Agriculture, Forestry and Fisheries Awards (i) receive their prize money and (ii) on what date will the prize money be paid out and (b) what has been the cause for the delay in paying out the prize money to the winners?

Reply:

(a)(i) It is regrettable that of the 8 winners,5 will not receive their prize money. The Department of Agriculture, Land Reform and Rural Development sought approval from National Treasury for the shifting of funds to effect payment of the prize money, but the request was declined and National Treasury further advised the Department to discontinue annual prize awards hosted by the Department due to fiscal constraints. Therefore, the Department is in the process of procuring agricultural equipment and production inputs for the remaining 5 winners of the 2019 #Youth in Agriculture, Forestry and Fisheries Awards (YAFF) who did not receive prize money. Of the 5 outstanding prize payments, one of the winners already received his equipment on 19 August 2020.

(ii) No prize money will be paid out to the remaining winners; instead they will receive equipment and agricultural production inputs. The procurement processfor equipment and agricultural production inputs for the remaining 4 winners is at an advanced stage and the Department anticipates concluding the procurement process for the remaining winners by 30 November 2020.

(b) Falls away. Please refer to (a)(i) above.

30 October 2020 - NW1726

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Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development

How many hectares of land does the Ingonyama Trust own in KwaZulu-Natal; (2) what percentage of the specified land is considered viable for (a) agriculture, (b) livestock and (c) crop farming in particular; (3) how many hectares of the land is currently being used for (a) subsistence farming and (b) commercial farming; (4) what mechanisms are currently in place to allow occupants of Ingonyama Trust Board land to gain access to financing from (a) the Government and/or (b) commercial banks for agricultural purposes; (5) whether she has found that female farmers have equal access to land rights on Ingonyama Trust Board land as men; if not, why not; if so, what are the relevant details?

Reply:

(1) Approximately 2.8million hectares.

(2)(a),(b),(c) No study has been conducted to determine the viability of land.

(3)(a),(b) The Ingonyama Trust Board has not conducted any audit regarding the extent of land being used for subsistence or commercial farming.

(4)(a),(b) The Lease Tenure Instrument issued by the Ingonyama Trust Board (ITB) is accepted by all financial institutions, but has no influence on the funding criteria used by government and/ or commercial banks for agricultural projects.

(5) According to the information from the ITB, Yes every farmer has equal access to ITB land regardless of the gender.

30 October 2020 - NW1786

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, in view of several job fund schemes that were agreed to with certain commodities groups (names furnished) with the Land Bank providing additional funding and with the Land Bank’s liquidity challenges, she will provide details of (a) her efforts to ensure that emerging beneficiaries who are targeted to receive the intended support do receive the supportand (b) on what date will the Land Bank resume lending to the farmers?

Reply:

(a) The Minister is aware that some commodity groups applied on their own to the Jobs Fund with the Land Bank agreeing to provide additional funding as per their agreement. However, the department was not party to most of those agreements nor was asked to intervene in anyway.

(b) The Minister is not aware of when the Land Bank will resume landing as she has not been advised by the board or management.

30 October 2020 - NW2365

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and RuralDevelopment

What total number of farmers received loans with the backing of the R200billion guarantee scheme announced by the President of the Republic, Mr M C Ramaphosa, to fight the effects of Covid-19?

Reply:

The Department of Agriculture, Land Reform and Rural Development does not grant loans to farmers and is therefore unaware which farmers received loans from the said amount.

30 October 2020 - NW2299

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Singh, Mr N to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she will explain why the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA) who is mandated in terms of the Animals Protection Act, Act 71 of 1962, to support the SA Police Service in enforcing legislation that protects and prevents cruelty to animals, is not funded directly by the Government, but has to rely on funding from the National Lottery and private organisations; if not, what is the position in this regard; if so, what are the full relevant details; (2) whether her department is considering a more direct budget-related funding model so as to ensure that the NSPCA can fulfil its lawfully mandated tasks; if not, what is the position in this regard; if so, what are the full relevant details? NW2871E

Reply:

1. The Society for the Prevention of Cruelty to Animals Act, 1993 [No. 169 of 1993] which is the founding legislation which covers the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA) provides for control of societies for the prevention of cruelty to animals, and for matters connected therewith. These societies are non-profit organizations and through this Act are enabled to collect contributions or raise funds country-wide in any lawful manner; and may receive financial grants from public funds and accept donations and bequests from any person or estatesubject to the provisions of, and as contemplated in, the Fundraising Act, 1978 (Act No. 107 of 1978). The NSPCA has been sustaining itself through revenue streams which are provided for within the Act.

2. No.The Department of Agriculture, Land Reform and Rural Development is not considering direct budget allocations to the NSPCA. The Department is currently working on legislation that will also empower government officials to enforce the Act.

30 October 2020 - NW2227

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she has been informed of any officials in her department who are still doing business with her department since 3 August 2020; if not, what is the position in this regard; if so, (2) whether she will furnish Mr N P Masipa witha list of all the officials who are still doing business with her department; if not, what is the position in this regard; if so, what (a) are the relevant details and (b) is the value of each contract?

Reply:

1. Yes, I havebeen informed that the Auditor-General South Africa identified three officials during its preliminary audit processes. This audit has not yet been finalised. Once the audit has been finalised, normal government processes will be applied in dealing with the alleged contravention of the law.

2. Yes, the details will be shared once the audit has been finalised by the Auditor General of South Africa.

(a),(b) Falls away.

 

30 October 2020 - NW2189

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What are the full details of the persons who are the delegated officials with regard to the Subdivision of Agricultural Land Act, Act 70 of 1970?

Reply:

The delegations in terms of the Subdivision of Agricultural Land Act, No 70 of 1970 are attached to official posts and not persons. This has been purposefully provided to accommodate any changes arising from resignation and movement of officials without impacting on service delivery. Delegations are assigned to the posts of Director, Chief Director and Deputy Director-General levels as per table below:

SECTION

TYPE OF POWER

POSITION TO WHICH POWERS ARE DELEGATED

1(f) of the definition of agricultural land

To determine which land the Minister may after consultation with the executive committee concerned and by notice in the Gazette excludes from the provisions of this Act.

Non delegable.

3 (a-e)

To consent in writing that an action regarding subdivision of agricultural land which is otherwise prohibited, may be executed.

Chief Director: Natural Resources and Disaster Management.

3 (f)

To consent in writing that an action regarding establishment of a township or enlargement of activities other than agriculture which is otherwise prohibited, may be permitted.

Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management.

3(g)

To provide consent in writing regarding public notice to the effect that a scheme relating to agricultural land or any portion thereof has been prepared or submitted under the ordinance in question.

Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management.

4(1)(a)(ii)

To determine the place, form, plans and documentation which must accompany the application for the purpose of section 3 of the act.

Director: Land and Soil Management.

4(2)

To refuse or grant any such application on such conditions.

Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management.

4(3)

To enforce a condition in terms of section 4 (2.)

Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management.

4(4)

To vary or withdraw any condition imposed by section 4 (2)(b), and if it has been registered against the title deed of the land, direct that it is varied or cancelled.

Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resourcesand Disaster Management

6A (1) (a) (aA) (b) (2)

To give consent for the registration of servitudes over agricultural land and subdivision.

Chief Director: Natural Resources and Disaster Management.

7

To authorise any person to enter upon any land at all reasonable times to carry out thereon investigations or to perform thereon such other acts as are necessary for achieving the objectives of the Act.

Director: Land Use and Soil Management

10

Regulations

Non delegable

27 October 2020 - NW1727

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Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total amount has the Ingonyama Trust (IT) invested in agriculture since 1 January 2010 and (b) are the relevant details of the projects in which the IT invested?

Reply:

a) he Ingonyama Trust (IT) is not an investor in Agriculture as it holds monies in trust on behalf of tribes and communities.

b) Falls away.

27 October 2020 - NW1729

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Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department has taken any steps to ensure that the Ingonyama Trust adheres to section 2(5) of the KwaZulu-Natal Ingonyama Trust Act, Act 3KZ of 1994, which prohibits it from leasing, encumbering, pledging, alienating and/or disposing of any land under its custodianship without the prior written consent of the traditional authority and/or community authority; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Yes, the Minister has taken steps to improve governance in the affairs of the Board. The Department is finalizing a Shareholder Compact with the Ingonyama Trust Board (ITB) to enhance accountability of the ITB to ensure compliance with the KwaZulu-Natal Ingonyama Trust Act, 1994 (Act No. 3 of 1994).

27 October 2020 - NW1804

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Msane, Ms TP to ask the Minister of Agriculture, Land Reform and Rural Development

What total number of black farmers have received assistance to get licensed and establish reputable farms with complete infrastructure and international exposure in the cannabis industry for medicinal use, which stands to be worth more than R30 billion by 2030?

Reply:

None.

15 October 2020 - NW1583

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department transferred the R100 million Covid-19 agricultural support funding to the Land Bank; if not, why not; if so, (a) on what date was the funding transferred and (b) what criteria and/or conditions are attached for the use of this fund?

Reply:

Yes.

(a) 06August 2020.

(b) The R100 million grant funding from the Department of Agriculture, Land Reform and Rural Development (DALRRD) will be applied for loan instalment waiver of no more than one annual instalments due per client whose business operations have experienced distress due to the impacts of COVID-19 and associated intervention measures implemented by government. This concession will be applicable for distress for the period starting on 1 April to 31 December 2020 for instalments due.

Each beneficiary is eligible for amounts ranging from R500 000 to R1.5 million per client for qualifying farming legalentities or individuals including related parties. The applicant must complete and submit a grant funding application form with the required supporting documentation.The application period commencesfrom the date of announcement and will close after onemonthto allow time for submission and collection of required information by clients.

The following are not eligible for Covid-19 agricultural support funding:

  • Distressed accounts prior to April 2020;
  • Distressed accounts due to reasons other than Covid-19 are excluded fromthis supportbut may apply using normal Land Bank criteria;
  • Non-Land Bank clients; and
  • This intervention will not extend the loan tenure nor interest burden to the entitiessupported through this intervention.

14 October 2020 - NW1601

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Winkler, Ms HS to ask the Minister of Agriculture, Land Reform and Rural Development

Whether all captive-bred wildlife will be open to farming for slaughter and consumption; if not, what is the position in this regard; if so, what are the further relevant details?

Reply:

The Meat Safety Act, 2000 (Act No. 40 of 2000) (“the Act”) does not prescribe which animals are to be farmed or slaughtered for consumption.However, it promotes the safety of the products and welfare of the animals listed under Schedule 1 of the Act. The afore-mentioned applies, irrespective of whether the animal is a conventional farm animal, game or wild animal, and regardless of whether game or wild animals originate from a captive-bred facility or from a natural system.

The Act provides for measures to:

  • promote meat safety and the safety of animal products;
  • establish and maintain essential national standards in respect of abattoirs;
  • regulate the importation and exportation of meat;
  • establish meat safety schemes; and
  • provide for matters connected therewith.

The Department has made a proposal to amend Schedule 1 of the Meat Safety Act, which contains a list of animals to which the Act applies. The schedule proposes the expansion of the list of animals to which the Act applies, in order to ensure that where animals are slaughtered for human or animal consumption, these are slaughtered in a hygienic manner and animal welfare is observed.

14 October 2020 - NW2129

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What is the current status of land claim LCC 37 / 2018; (2) whether she has been informed that the claim was originally gazetted in the 1997-98 financial year and again in June 2014; if not, what is the position in this regard; if so, what is the reason for the specified claim not being finalised; (3) whether she has been informed that the current owner could not develop this land since the land claim was gazetted in 1997; (4) (a) what are the relevant details of the persons who are beneficiaries of this land claim and (b) will she furnish Mrs A Steyn with the research document for the claim?

Reply:

1. The current land owner referred the matter to court towards the end of 2018 as he did not accept the offer that was presented by the Office of the Valuer General. The Office of the Valuer General informed the Regional Land Claims Commissioner that a new valuer should be appointed, as the original valuation did not take into account Section 25 Subsection 3 of the Constitution. The office has since appointed a valuer.

2. Yes, the claim was gazetted in 1997-1998 financial year and gazetted in 2014. The 1997-1998 gazette was based on the Rule 3 Research Report of the Commission. Further investigation had to be conducted in terms of Rule 5, and that led to the gazette of 2014;

The claim has not been finalised. The office had the following delays in settlement of the claim:

  • The Tsitsikamma Development Trust (TDT) was formed on the 9th March 1994 with the assistance of the Legal Resources Centre (LRS), to coordinate and manage the affairs of all the land that was dispossessed from AmaMfengu. It was during this time when the then Department of Land Affairs gave some farms to the community through what was known as Allocation Advisory Commission on Land (ACLA). The properties were registered to the Tsitsikama Development Trust.
  • Community verification: some members of community not in agreement on the actual number of Originally Dispossessed Individual families.
  • Board of Trustees: legal timeframe lapsed for elections of the new board of trustees and tensions between community and Tsitsikama Development Trust made it difficult for the office to process the claim
  • Multiple Executive Committees: many community representative structures were formed as the Tsitsikama Development Trust was no longer regarded as a legitimate structure, thus the office not allowed by the community and Trust of Deeds Act to engage with the Tsitsikama Development Trust.

3. No

4. (a) The beneficiaries are the Amamfengu Community

(b) Yes, the report will be made available.

29 September 2020 - NW2158

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and RuralDevelopment

Whether she will furnish Mr N P Masipa with a list of appointed service providers to supply (a) Covid-19 Relief Fund Vouchers and (b) any other goods and/or services related to Covid-19 for the small-scale farmers; if not, why not; if so, (2) whether there were any regulations regarding the mark-up; if not, why not; if so, what (a) are the details of how the prices of goods and/or services were determined and (b) was the agreed rate with the National Treasury and her department?

Reply:

1. Yes.

(a) The special paper for COVID-19 Relief Fund vouchers was procured from Government Printing Works.

(b) Please refer to the table below:

No

Supplier Name

Product

1

Black Dot Property Consultants (Pty) Ltd

Mask Surgical 3 ply

2

Healthcare Waste Services (Pty) Ltd

Hygiene Soap 175g Bar

3

Imvukuzane Trading (Pty) Ltd

Cloth Mask

(2)(a)There were no regulations regarding the mark-up in relation to the production inputs. This is due to the fact that the Department did not appoint suppliers for the agricultural production inputs but had rather compiled a supplier list from where qualifying farmers can redeem their vouchers. In relation to the PPEs, there was no mark-up but National Treasury issued National Treasury Instruction Notes 08 of 2019/2020 dated 19 March 2020 and 05 of 2020/2021.Thementioned instruction notes placed price benchmarks for departments to adhere to.

(b) With regards to the procurement of PPEs, the Department had to comply with the National Treasury Instruction Notes 08 of 2019/2020 dated 19 March 2020 and 05 of 2020/2021. Thementioned instruction notes placed price benchmarks for departments to adhere to.

29 September 2020 - NW1675

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

With reference to her reply to question 1283 on 2 July 2020, (a) what are the reasons why the amounts were not spent as planned and (b)(i) what was the target for each programme and (ii) how did the under expenditure affect each target; (2) what is the current balance of the Agricultural Land Holdings account?

Reply:

(1)(a),(b),(i),(ii) Please refer to the table below

Programme

Amount

(Rands)

  1. Reasons why were the amounts not spent as planned

(b)(i) Specify Targets per prog to which these amounts were allocated

(b)(ii) Impact of the under-expenditure on each planned target

Programme 5: Land Reform

R147 600 000

Delays are attributable to administrative requirements and the required concurrence from the Minister of Finance which was only obtained in the third week of December 2019.

In addition, the Department observed that the infrastructure component in project Business Plans was inflated and thus had to enlist the assistance of Engineers from both former Departments of Rural Development and Land Reform (DRDLR) and Agriculture, Forestry and Fisheries (DAFF) to conduct infrastructure assessments on the approved farms during February and March 2020 in order to avert fruitless and wasteful expenditure

The target for the Land Development Support programme was to support 162 emerging farmers.

The under-expenditure led to transfer of funds to fewer projects than the number that was approved during the 2019/2020 Financial Year.

Programme5: Agricultural Land Holdings Account (ALHA)

R923 000 000

     

Programme 1: Administration

R129 400 000

Delays in receiving Minister of Finance’s concurrence to commence with construction of the new national office premises.

Construction of the new office accommodation

The impact of delays on the project will result in the project becoming unaffordable for the Department.

Programme 3: Rural Development

R100 000 000

Infrastructure projects in the pipeline were not ready for capital works due to planning and design delays that had to be altered to in line with priority shift towards FPSUs.

To support 27 Farmer Production Units;

To support 122 infrastructure projects;

To provide 1979 skills development opportunities provided in rural development initiatives

Set targets for the fiscal year were achieved. This under expenditure did not affect the targets.

2. R 1 181 996 601.53

29 September 2020 - NW1785

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, in light of her department not extending the four-month national state of disaster beyond 4 July 2020, she will provide details of the (a) consultations that took place with both the provinces and the agri-businesses affected by drought in this regard, (b) prevailing climatic conditions, land care report and veld management conditions that guided the termination of the national state of disaster whilst many provinces are still grappling with the disaster and (c) dam levels of the drought-affected provinces; (2) whether she has found that the prevailing conditions are conducive for productive farming; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

(1)(a) Yes.Though the declaration (termination or extension thereof) of a national state of disaster lies with the Ministry of Cooperative Governance and Traditional Affairs (CoGTA), consultations were made with all relevant sectors. It was agreed that while implementing drought assistance to the affected provinces, it is also timely to implement adaptation as drought seems to be a frequently recurring if not permanent feature currently. As such, sectors should move towards strengthening adaptation and mitigation strategies so that farmers can be resilient to withstand future droughts. It is also important to note that the drought funds allocated to provinces that they had applied for, they are currently implementing, despite the national state of disaster terminated.

(b) In terms of the prevailing conditions, winter rainfall areas received a mixture of normal to above normal rainfall in June and the beginning of July. Water restrictions remain in place in some provinces while the average level of major dams has increased in most parts of the country. The veld is generally in reasonable condition in many summer rainfall areas. However, farmers are encouraged to supplement feed for their livestock. Livestock is in fair to good condition. Veld fires have been reported in some provinces and farmers were advised to be on the lookout for warnings to stop the outbreaks and spread.

Comparing the vegetation to long-term average, the Normalized Vegetation Index (NDVI) difference map for June shows that vegetation activity was much lower over the western and northern parts of the country while central parts experienced much higher vegetation activity.In summary, seasonal rainfall forecast is anticipated to be above normal in early spring over the south-western and southern parts of South Africa as well as during spring over the eastern parts and south-western parts of South Africa. The monthly advisories issued by Department of Agriculture, Land Reform and Rural Development (DALRRD) encouraged farmers to continually check updated advisories, seasonal forecasts and utilize 7 day weather forecasts for short term planning.

(c) Information received from the Department of Water and Sanitation showed that in most provinces dam levels are either similar or higher compared to July of 2019 and 2020 including the drought-affected provinces.

2. The decision to terminate or extend the national state of a disaster lies with the Ministry of Cooperative Governance and Traditional Affairs (CoGTA) in consultation with relevant experts; therefore, the Minister of CoGTA is best placed to respond to this part. The consensus reached is that the country, after considering all facts needed to strengthen implementation of risk reduction strategies.

07 September 2020 - NW1282

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total number of (i) judgments and (ii) court orders were made against (aa) her and (bb) her predecessors (aaa) in each of the past three financial years and (bbb) since 1 April 2020, (b) total number of the specified judgments and court orders (i) have been implemented and (ii) await implementation by her department and (c) are the details of each judgment and court order?

Reply:

(a)(i),(ii),(aa),(bb), (aaa): 2017-2018

  • Minister AT Didiza (MP): 0
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 30

 

(aaa): 2018-2019

  • Minister AT Didiza (MP): 0
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 17

 

(aaa): 2019-2020

  • Minister AT Didiza (MP): 11
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0

 

(bbb): Since 1 April 2020

  • Minister AT Didiza (MP): 1
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0

 

b) Total number of the specified judgments and court orders59:

  1. Implemented: 39
  2. Await implementation: 20

(c) Please refer to Annexure A.

 

ANNEXURE A OF NA-QUES 1282 OF 2020

 

MINISTEROF RURAL DEVELOPMENT AND LAND REFORM:2017/2018

No

Case details

(i) (aa)Status of implementation

(ii)(aa)Nature of court order

(ii)(bb)Nature of judgement

1

Zuiping-Dithabaneng Community Traditional Council // Minister of DRDLR,Title Adjustment Commissioner & Others

The designation of land and appointment of a Commissioner in terms of Act 111 of 1993 has been done and he is conducting a land rights enquiry in accordance with the Act.

The applicant required the appointment of the Commissioner in terms of Act 111 of 1993

On 26 February 2018, the Land Claims Court ordered that the Minister (3rd Respondent) is directed to appoint a Title Adjustment Commissioner in terms of section 3 of the Land Titles Adjustment Act 111 of 1993.

2

M. M. Rahube // Minister of Drdlr, H. Rahube & Others

The Upgrading of Land Tenure Amendment Bill was introduced to Parliament on 6 May 2020. Parliament has until 30 April 2021 to enact the amendments.

On 30 October 2018 he Constitutional Court ordered Parliament to introduce a procedure for the determination of the rights of ownership and occupation of land to cure the constitutional invalidity of section 2 (1) of the Upgrading of Land Tenure Rights Act 112 of 1991. Parliament was given until 30 April 2020.

Subsequent to the 2018 order, the Minister of Agriculture, Land Reform and Rural Development applied for and was granted an extension of the suspension of the Constitutional Court’s declaration of invalidity for a further twelve months until 30 April 2021.

The Court ordered the amendment of Upgrading of Land Tenure Rights Act 112 of 1991.

3

Felicity Audrey Stirling // Minister of Drdlr, The Registrar of Deeds: Pretoria

Orders complied with.

Full amount paid by the Branch Deeds Registration, of which an attempt will be made to recover 50% from the third respondent.

State Attorney requested to initiate recovery proceedings against third Respondent.

The Applicant was fraudulently deprived of her fixed property and brought an application for the cancellation of the fraudulent transfers, which was duly granted.

The Registrar of Deeds was found to be negligent in its transfer of the property and was ordered, jointly and severally with the third Respondent to pay the First Respondent R3 830 397.58 together with interest in lieu of damages and legal costs.

4

The Forum of Concerned Residents of the Naledi & Dr Ruth S Mompati Districts

// The Minister of Rural Development and Land Reform.

Subsequent to the settlement agreement reached by the parties, the Branch Deeds Registration embarked on a project to develop the Electronic Deeds Registration System, during which public consultation was undertaken.

Once the EDRS is ready to be implemented, the status quo in the Vryburg deeds registry can change.

Simultaneously, the Branch Deeds Registration intends opposing Part B of the application (to review and set aside the Minister’s decision to transfer the land parcels from Vryburg to Kimberley, to reduce the jurisdiction of the Vryburg deeds registry and to establish a deeds registry in Mahikeng).

Part B still pending.

As part of the alignment of the jurisdiction of deeds registries in South Africa, the Minister intended to transfer land parcels from the Vryburg deeds registry to the Kimberley deeds registry, as they are situated in the Northern Cape Province. The Applicants brought an urgent application on interdicting the Minister from transferring the property (Part A) and that Minister’s decision to transfer the afore-mentioned properties be reviewed and set aside.

The orders in respect of 1 and 2 above will remain in force pending the outcome of Part B of the Notice of Motion under the above case number.

The costs relating to Part A of the Notice of Motion are reserved for adjudication when Part B of the Notice of Motion is heard.

The parties agreed on the following settlement order:

That the status quo of the Vryburg deeds registry is to remain unchanged until such time as the electronic deeds registration system is ready to be implemented.

That sufficient public participation processes will precede the envisaged implementation of the electronic deeds registration system.

5

G Herbert No and 4 others vMinister of Rural Development and Land Reform and others

A wholistic amendment of the Upgrading of Land Tenure Rights 112 of 1991 will be undertaken in due course.

Legislation declared inconsistent with the Constitution of the Republic of South Africa: - Legislation: Land Affairs General Amendment Act 61 of 1998 read with s25 A of the Upgrading of Land Tenure Rights 112 of 1991

The Court ordered that section 25A is unconstitutional in so far as it does not extend the application of section 3 of the Act to the entire Republic.

The court ordered that section 25A from 22 August 2019 must be read as if it makes no reference to section 3 of the Act.

6

Hlalefo S Moshoeshoe v Minister of Rural Development and Land Reform and others

Conveyancers have been instructed and are currently busy with the transfer of the property

Transfer of property, as described, into the name of the Applicant and is responsible for all the fees and transfer costs and duties as may be applicable.

The court ordered the transfer of the property to the Applicant.

7

Patrick s Mpaka v KSD Municipality &Minister of Police &Minister of DRDLR

Not applicable

The Municipality sought to use a court order which was obtained in 2011 to effect evictions to illegal occupations which happened in 2017. The 2017 illegal occupants applied for an interdict in that the 2011 order did not apply to them.

Interdict was granted.

8

Alfred Shongwe / The Minister of Rural Development and Land Reform & Others

The Applicant has been relocated to portion 3 of the farm Vaalpoort, temporary houses were constructed for the family. The Department is in the process of transferring the subdivided portion of the farm to the Shongwe family

Mr Shongwe approached the Court for a declaratory order as a Labour Tenant and for the Department to provide him with a suitable accommodation.

Mr Shongwe was declared a Labour tenant and the Department was ordered to assist him in looking for, identifying and acquiring suitable land for him.

9

Mzayifane Hadebe & Others /Minister of RDLR & Others

The gravel road leading to the Hadebe settlement has been completed. Nine houses were about to be completed as the country went into lockdown. The fencing of the 250 hectares of land awarded to the Hadebes, preparation of arable and the transfer of land to them is ongoing.

Mr Hadebe approached the Court for an order to compel the Department to build his family a house, construct the road leading to his homestead and also for the Department to register a Communal Property Association for the benefit of his family.

The Court granted the prayers as requested by Mr Hadebe..

10

Asla Construction (Pty) Ltd Vs the Minister Of Rural Development And Land Reform & Exeo Khokela Civil Engineering Construction (Pty) Ltd.

The court order was implemented as directed and the tender was awarded to ASLA (Pty) Ltd.

This was an application for the review of the award of a tender in terms of the Promotion of Administrative Justice Act 3 of 2000 (PAJA)

The decision of the Department taken on or about 13/02/2018 to disqualify ASLA Pty. Ltd. and award the tender to EXEO KHOKELA (Pty) Ltd was reviewed and set aside. The Department was directed to award the tender to ASLA (Pty) Ltd within 30 days of the date of the order.

11

Minister of Rural Development and Land Reform v Public Servants Association obo JA George & others

Implemented.

Employees referred a dispute regarding their placement in terms of the Occupation Specific Dispensation to arbitration. Award was in their favour. Department took award on review. Department’s review application was dismissed, and arbitration award was implemented

Department’s review application was dismissed, with costs.

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES:2017/2018

12

ALCARI 406 CC vs The Minister and others

Implemented

This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter.

The Court ordered the Minister to finalize the Appeal.

13

Zonnebloem Coal vs The Minister

Implemented

This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter.

The Court ordered the Minister to finalize the Appeal.

14

Meister Cold Store (Pty) Ltd // The Minister

Implemented

This was an application to compel the Minister to take a decision on an application for certification of a cold storage.

Court ordered the Minister to take a decision on the Applicant’s application for certification of its cold storage.

15

B & B Properties (Pty) Ltd & others vs the Minister, Dr Mcdonald Gayakaya

Implemented

This was an application to review and set aside the decision of the Director: Animal Health to test the Buffalos.

The decision of the Director was reviewed and set aside.

16

Oluf Hendrik Erichsen N.O vs The Minister

Implemented

This was an application to compel the Minister to take a decision on application for export certification.

The Minister finalised the matter by granting the certificate.

17

Eurosemillas S.A vs The Minister

Implemented

This was an application to compel the Minister to instruct the Department to appoint a service provider who had been successful in the quote process.

The Applicant succeeded, and the Minister was ordered to instruct the department accordingly.

18

Viking vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

19

Hackey vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

20

Boloko vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

21

Lofty Du Bruyn N.O vs The Minister

Implemented

This was an application to compel the Minister to register a right of way over the farm.

The application was granted, and the Minister approved the registration of the servitude.

22

Nanaga Property vs The Minister

Implemented

This was an application to review and set aside the decision of delegated authority to remove 10 Milkwood trees.

The decision of the Minister was reviewed and set aside.

23

Xhalibile Kleinbooi Phindiso vs The Minister and others

Implemented

This was an application to compel the Minister to sell specified land to the Applicant and others.

The Court ordered the Minister to sell the land to the Applicant.

24

South African Veterinary Association vs Minister of Agriculture, the Speaker of the National Assembly and others

Implemented

This was an application to declare the amendment of the Medicine and related substances control act, 1995 (Act No.101 of 1995) unconstitutional.

The Amendment was declared unconstitutional.

25

Federated Meats (Pty) Ltd vs The Minister

Implemented

This was an application of semi-urgency requesting an order to declare that the Applicant is entitled to use any approved laboratory to meet the statutory and the regulatory obligation for the testing of imported meat.

The Court ordered that the Applicant can use any approved Laboratory.

26

Sofiline (Pty) Ltd vs The Minister.

Implemented

This was an application to review and set aside the decision of the Minister not to grant approval for the subdivision of agricultural land.

The Court ordered the Minister to grant the application for subdivision of land.

27

HL Hall & Sons Properties vs The Minister.

Implemented

This was an application to review and set aside the decision of the Minister.

The decision referred was back to the Minister for reconsideration.

28

TD Mashinini vs The Minister and others.

Implemented

The Applicant made an application to Court for an order to compel the Minister to transfer specified property to him.

The parties’ agreement for the transfer of the farm to the Applicant was made the order of the Court.

29

Maxrae Estates vs The Minister

Implemented

This was an application to compel the Minister to take a decision on the Appeal lodged for the subdivision of agricultural land.

The Court ordered the Minister to take a decision within sixty days (60).

30

Petrus Laubscher Coetzee & Others vs the Minister & Others

Implemented

This was an application to compel the Minister to transfer three portions of agricultural land into the names of the Applicants.

The Court ordered the Minister to transfer the three portions of land to the Applicants.

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: 2018/2019

No

Case details

(i) (aa)Status of implementation

(ii)(aa)Nature of court order

(ii)(bb)Nature of judgement

31

Bakgatla Ba Kgafela Communal Property Association // Minister of Drdlr

The implementation of the court order has been finalized.

The applicants were seeking an order that the DG assist them with the holding of the general meeting and the election of the new executive committee of the CPA.

The court ordered that the DG should take all necessary steps to assist the CPA to hold the Annual General Meeting and monitor the election of the new executive committee. The CPA appealed the judgment at the constitutional court. The constitutional court dismissed the appeal.

32

B Mwelase vs DG and Minister

The Special Master was appointed on 10 December 2019. On 29 May 2020, the Special Master submitted an implementation plan to the Land Claims Court and such a Plan is still being considered by the Land Claims Court.

The Mwelase matter comprised of two applications. The first application sought an order to compel the Director General to refer to the Land Claims Court 4 labour tenant applications; and the second application was a class action seeking an order to compel the Department to process labour tenant applications under the supervision of a Special Master.

The 4 labour tenant applications were referred to the Land Claims Court by the Director General in November 2013.

On the 8th December 2016, the Land Claims Court granted an order against the Department, a special master was appointed by the court to oversee compliance with Labour tenants Act by the Department. The Department lodged an application for leave to appeal with the Land Claims Court and such was granted on the 1st March 2017. The appeal was heard by the SCA on 13 March 2018 and the appeal was decided in favour of the Department on 17 August 2018. AFRA appealed to the Constitutional Court and on 20 August 2019, the court issued a judgment which re-instated the initial order of the Land Claims Court dated 8th December 2016.

33

Nieuco properties 1005 (Pty) Ltd// Minister of Drdlr

Nieuco Properties must still refer the case to the North Gauteng High Court for the determination of the quantum.

Veld fire claim instituted against the Department in terms of the National Veld and Forest Fire Act, Act 101 of 1998 where a private farm was damaged by veld fires that started on a state-owned farm.

The case was initially decided in favour of the Department by the North Gauteng High Court however, Nieuco Properties lodged an appeal which was heard by the SCA on 31 August 2018 and judgment delivered in favour of Nieuco Properties on 21 September 2018.

34

JM Tshabalala vs Minister & others

The property was transferred into the name of the beneficiary on 20 March 2020.

The applicants were seeking an order that the Minister and DG should acquire land on behalf of labour tenants and a just and equitable compensation to be paid to the landowner.

The Land surveyor appointed by the Department was to conduct an inspection in loco to ascertain the correctness of the fencing around the portion to be acquired; the conveyancers appointed were to proceed with the transfer of the portion upon receipt of guarantees from the Department.

35

Pretoria Attorneys Association & 12 others //

The Minister of Rural Development and Land Reform & 4 others

The Branch duly complied with the settlement agreement.

Minister subsequently halted / terminated this process, following a legal opinion to the effect that the process followed may have been flawed.

Minister instructed that the re-alignment process be re-initiated, in accordance with all applicable legal strictures (including the provisions of PAJA).

The Minister, through a Public Notice expressed his intention to align the jurisdiction of the Deeds registries in the Gauteng province (Johannesburg and Pretoria) according to metropolitan municipal boundaries.

The Applicants objected thereto, stating that the Minister failed to conduct a public consultation process as enjoined by PAJA and prayed that the Minister be interdicted from implementing the decision to align the areas of jurisdiction of the afore-mentioned deeds registries.

The parties agreed that the Minister will not proceed with the alignment initiative in the Gauteng province until the Minister takes the decision to align the deeds registries in Gauteng in accordance with the prescripts of PAJA.

36

Neels van Tonder Trust vs Minister of Drdlr, Mogabule (LCC04/2018)

Not applicable. It was found that Mr Magabole already had alternative accommodation.

The applicant Mr. Van Tonder applied for eviction order against Mr. Magabole and his family.

Eviction Order was made on 28/05/2018. The Department was ordered to provide alternative accommodation to Mr. Mogabodi in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

37

Roodepoort Grondeienaarsvereeniging vs Minister of Drdlr, Roodepoort 63 Community (642/17 and 643/17)

The Department is in the process of complying with the court order in consultation with the City of Tshwane.

The applicant Rooderpoort Grondeinaarsvereening applied for an order to compel the City of Tshwane to evict the occupiers who has established a squatter camp in the City property which is adjacent to the applicant’s properties.

The High Court Granted the Order but the respondents took the matter on appeal and the decision of the High Court was overturned.

On appeal Decision, the Supreme Court ordered the Minister to prepare and file a report with the High Court on the Department`s ability to provide the alternative accommodation as provided for in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

The Department was ordered to submit a report to the High Court on its ability to provide alternative accommodation as per its mandate in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

38

Hlaniki Trust vs Minister of Drdlr, Daniel Sibanyoni (LCC59/2018)

The Department complied with the court order.

Hlaniki Trust applied for an eviction order against Mr. Sibanyoni who is an occupier.

During the Preceding the Land Claims Court issued a directive order, ordering the Minister to submit a report on the Department’s ability to provide alternative accommodation in case of eviction.

Department was ordered to submit a report on ability to provide alternative accommodation in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

39

Hupp Properties vs Moneni (308/2017)// Minister of Drdlr & others

The matter was heard, and eviction granted. Mr Moneni moved into his RDP house.

Hupp Properties applied for the eviction of the occupier Mr. Moneni and his family.

The eviction order was granted against Mr Moneni and his family and the Minister was ordered to provide alternative accommodation for Mr. Moneni in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

40

Land and Agricultural Bank

V Cpad Holdings Pty Ltd, Alfred Mde, Minister of Drdlr and 4 Others

The Department has appointed a valuer to determine the value of the property so that it can satisfy the debt to Land Bank whilst retaining the property for purposes of Land Reform.

The Land Bank approached the court to vary a Forfeiture Order, which sought to transfer the property to the Department. This order was to include the protection of their interests as bondholders.

The court granted the inclusion of the protection of the interests of the bondholders in the Forfeiture Order.

41

Anjucel & Another v Minister of Drdlr, Shadrack Bhekanini Ntshingila NO & others (Case no LCC 25/2019)

The Province is implementing the order. Approval for the acquisition of land in favour of the affected labour tenants is underway. A deed of sale has been signed and registration and transfer is due to occur soon.

The order is being observed in its entirety.

Draft order made an order of court.

Sharack Bhekanini (2nd resp) awarded a piece of farm Bloemhoek and registered in deeds office;

42

Makgari CPA vs Minister of Drdlr, case number 5158/2018

Implementation is in progress

Matter received on 31 August 2018. Applicant, Makgari approached court, for the court to give a mandatory order directing the Department and Minister to register the applicant's CPA within 45 court days of the granting of the order.

The Minister was ordered to register the CPA within 45 days of granting the court order.

Further to effect a Title Deed rectification to reflect the CPA as the owner of the farm registered as “The Farm Louissenthal 366, Registration Division Mr, Limpopo Province, 2346, 5022 Hectares” within 14 days of the registration of the constitution of Makgari Communal Property Association

43

M D Rakgase vs Minister of DRDLR case number 33497/2018

The land was sold to Mr Rakgase and transfer is under way.

Matter received on 13 June 2018. Mr Rakgase applied to the High Court to review the Minister's decision of refusing to sell to him Portions 0 (remaining extent and 1 of the Farm Nooitgedacht 11 JQ

The Minister was ordered to sell and transfer the farm to Mr Rakgase.

44

JC Prinsloo / The Minister of DRDLR & Others LCC 177/16

The farm was acquired and is currently registered in the name of the State.

State ordered to acquire portion 27 of the farm Welgekozen

Default judgment was obtained against the Minister

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: 2018/2019

45

Willjaro vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of an agreement entered into. To process confiscated abalone on behalf of DAFF

The agreement between The Minister and Willjaro was reviewed and set aside

46

Visko vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl sector was reviewed and set aside.

47

WWF vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Delegated Authority in terms of Section 14 of the MLRA to increase the allowable Total Allowable Catch (TAC) in the West Coast Rock Lobster sector

The decision of the delegated authority in terms of section 14 of the MLRA to increase the allowable Total Allowance Catch in the West Coast Rock Lobster sector was reviewed and set aside.

MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: 2019/2020

No.

(b) Case details

(i),(ii)Status of implementation

  1. Nature of court order
  1. Nature of judgement

48

Ga-Segonyana Local Municipality vs Minister of DRDLR

Payment made by the Department

A claim for outstanding property rates and taxes in the amount of R4 073 621.00.

A default judgment obtained against the Department.

49

Excellent Meat International Trading vs The Minister and Others

Implemented

This was an application to review and set aside the decision of the Minister not to accept the Applicant’s consignment as being compliant with the permit condition contained in the permit.

The court reviewed and set aside the Minister’s decision.

50

Red Meat Industry Forum vs The Minister and Others

Implemented

This was an application to review and set aside the Minister’s decision to impose new tariffs, rates and scale for services, goods and supplies provided by the Department. The Department did not notify the industry of the new tariffs regarding importing and exporting of meat.

The Court reviewed and set aside the Minister’s decision.

51

PVM Nutritional Sciences vs The Minister.

Implemented

This was an application to compel the Minister to issue an export permit for goods sent to the United States of America and kept at the port of entry due to the fact that the Applicant did not have an export permit.

The Court ordered that the Applicant need not to register as a dairy export facility and need not comply with the standards of the VPN 20/2010-01.

52

PJ van der Walt N.O vs The Minister and Others.

Awaiting implementation. The Minister is reconsidering the matter.

This was an application to review and set aside the decision of the Minister to uphold the decision of the Delegate of the Minister not to grant consent to subdivide agricultural land. The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister.

The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister.

53

Barnabus Xulu Incorporated Attorneys (BXI) vs The Minister and the Director General

On Appeal

BXI attached the bank accounts of the Department on the basis that the Departmentallegedly entered into a settlement agreement with BXI for the payment of monies due for services rendered.The settlement agreement entered into. and

The invoices raised against the Department were successfully challenged and judgment was granted in favour of the Minister / Department. However, BXI is appealing the judgment.

54

Baron vs Minister of Agriculture, Forestry and Fisheries

Implemented

Unfair dismissal as contemplated in terms of section 186(1)(b)(i) of the LRA. The Labour Appeal Court dismissed the Department’s appeal and upheld the Labour

Court’s order for the reinstatement of Mr. Barron into the three-year contract post as Programmer Manager for the Working for Fisheries Programme.

55

Scott Russel vs Minister of Agriculture, Forestry and Fisheries

Matter is subject to application for leave to appeal.

Review and setting aside of the decision of the Minister to allocate rights in the West Coast Rock Lobster sector.

An application for leave to appeal was granted

An application for leave to appeal was granted

56

Seavuna vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

57

Cyril Burrel vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

58

Interfish vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: SINCE APRIL 2020

 

(b) Case details

(i),(ii) Status of implementation

(c)Nature of court order

(c)Nature of judgement

59

Schmidtsdrift CPA v Minister of DRDLR

To be implemented as Judgment issued on 12/06/2020

The Department ordered to hold the AGM for the purposes of electing a new committee for the CPA.

The CPA sought an interdict to prohibit the Department from facilitating an AGM.