28 September 2015 - NW3460
Walters, Mr TC to ask the Minister of Rural Development and Land Reform
Whether, with regard to a certain law firm (name furnished) that deals with eviction issues on behalf of his department, (a) his department funds the specified law firm entirely with regard to litigation in eviction matters, (b) how many cases have been handled by the specified law firm since its appointment, (c) what amount has been spent by his department on average in respect of each case and (d) how many of the specified cases were successful in the sense that the court ruled against landowners in claims for eviction in terms of (i) the Extension of Security of Tenure Act, Act 62 of 1997 and (ii) the Land Reform Act, Act 3 of 1996; (2) on what basis does his department exclude persons from being represented by the (a) specified law firm and/or (b) approved members of the panel of the specified law firm; (3) what criteria does his department utilise to determine who qualifies for legal support that is provided by the specified firm; (4) does his department have an agreement that the specified law firm must appoint private law firms to represent land occupiers; if so, (a) what are the reasons for allowing the specified appointments at the Government’s expense and (b) on what relevant legislative provision does his department rely when it allows the specified appointments to be made; (5) does his department have an agreement that the specified firm appoint branches of the Legal Aid Board to represent land occupiers; if so, on what legislative provisions does his department rely when it allows the specified appointment to be made?
(1) (a) Yes.
(c) R57 284.34
(d) (i) 134
(2)(a),(b) If persons do not meet the definition of the relevant legislation and or if they fall outside the qualifying threshold of R5000.00 gross income in terms of ESTA Regulations or a Means Test.
(3) Same response as Question 2 above.
(a) Same response as in Question 2 above.
(b) The Department relies on the judgement of Nkuzi Development Association and the Government of the Republic of South Africa.