28 September 2015 - NW3461
Walters, Mr TC to ask the Minister of Rural Development and Land Reform
What proactive measures are in place to ensure that the state fulfils its constitutional duties in terms of section 26(3) of the Constitution of the Republic of South Africa, 1996, read together with chapter 2 of the Extension of Security of Tenure Act, Act 62 of 1997, when his department and local municipalities are notified of the statutory prescribed form of the intended eviction proceeding in terms of section 9(2)(d)(ii) and (iii) of the Extension of Security of Tenure Act, Act 62 of 1997?
Through district offices, the Department of Rural Development and Land Reform (DRDLR) on receipt of such notifications always attempts to negotiate a settlement using internal capacity by calling upon affected parties and stakeholders such as relevant Municipalities to find a solution. If these internal interventions fail, external assistance through the Land Rights Management Facility is sought either for further mediation and or litigation. Depending on the outcome, DRDLR may negotiate an on or off farm settlement for occupiers in terms of section 4 of the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997).