Question NW2852 to the MINISTER OF RURAL DEVELOPMENT AND LAND REFORM

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08 November 2018 - NW2852

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the MINISTER OF RURAL DEVELOPMENT AND LAND REFORM

Whether her department has received the report of the inquiry into land rights at Gwatyu in the Eastern Cape from the service provider yet; if not, by what date is the report expected; if so, (a) who is the service provider, (b) why was the specified service provider selected, (c) what are the terms of reference for the service provider’s mandate relating to the report and (d) what costs were incurred in employing the specified service provider?

Reply:

No, the report is expected by 30 November 2018.

(a) Sonamzi Mkata Attorneys.

(b) It was their turn in the rotational system that is used by the Land Rights Management Facility in sourcing service providers that are already on their panel.

(c) The terms of reference are as follows:

  • Provide a legal opinion on the tension between the Tshatshu Traditional Council, Gwatyu Emerging Farmers Union and the Gwatyu CPA;
  • Make recommendations on whether one communal property association or multiple communal property associations should be established for Gwatyu Farms;
  • Identify all occupiers and categorize them according to their tenure status e.g. former leases, former farm dwellers, invaders etc.;
  • Identify and describe disputes between land rights holders;
  • Provide recommendations regarding the resolution of disputes;
  • Search for all leases and identify invaders and verify their relationships with former lessees or farm occupiers;
  • Provide a comprehensive list of their assets including their livestock (proof to be provided e.g. branding certificate etc.);
  • Establish the number of occupiers that are keeping livestock of their relatives who are not staying on the farms;
  • Determine the number of sites illegally demarcated / subdivisions and, if purchased, indicate the amount paid; and
  • Check the number of civil servants who are in occupation of Gwatyu Farms and make recommendations in line with the State Land Lease and Disposal Policy Framework.

(d) About R402 121.00.

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