Question NW3132 to the Minister of Agriculture, Land Reform and Rural Development

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08 November 2022 - NW3132

Profile picture: Gumbi, Mr HS

Gumbi, Mr HS to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she has been informed of the land invasion at Buildfontein farm on the D615 which is owned by her department; if not, why not; if so, (a) on what date did the land invasion start, (b) what steps has her department taken to protect the specified property and (c) who is the intended beneficiaries of the property; (2) whether there is truth in the statement by the Greater Kokstad Municipal Manager, Mr S R Zwane, that her department has applied for an urgent court interdict to prevent the land invasion; if so, what are the relevant details of the status of the interdict; if not, (3) whether her department has considered an urgent interdict; if not, why not; if so, (a) what are the reasons that her department did not proceed with the application and (b) how will her department compensate the intended beneficiaries; (4) whether she and/or her department has been informed that on 12 December 2017, the acting Director-General confirmed that a certain person (name furnished) is the beneficiary of the property; if not, why not; if so, what are the relevant details; (5) whether she was informed that the Department of Agriculture confirmed during a sight visit on 8 March 2018 that the same farm was under attack in another effort for a land invasion; if not, why not; if so, what steps did she take at this point to protect the property?

Reply:

1. Yes.

(a) The exact land invasion start date cannot be determined; however the Department of Agriculture, Land Reform and Rural Development (DALRRD) noticed land invasions on 9 March 2020 while conducting routine property inspection.

(b) DALRRD opened a case at Franklin Police Station and approached the State Attorney to get an urgent court interdict to stop the invaders.

(c) The intended beneficiaries of the property will be identified by the beneficiary selection process pending finalization of the farm eviction process.

2. Yes. DALRRD through the Office of the State Attorney has appointed an advocate who has drafted an urgent application on 7 October 2022 to place the matter on the court roll.

3. Yes.

(a) DALRRD applied for an urgent interdict to evict the invaders and is proceeding with the application. The Case Number for the interdict is 13523/22P and is set down for an interim order; the Prevention Of Illegal Eviction Act, 1998 (Act No. 19 of 1998) (PIE) application is under Case Number 13528/22P.

(b) The interdict to evict the invaders is intended to pave way for the prospective beneficiary to take full occupation of the farm and participate in commercial farming.

4. No. DALRRD has no knowledge or record of this matter, and the person (name furnished) is not traceable, therefore the Department is not in a position to respond to this question.

5. No. There is no communication or report related to any inspections of 8 March 2018 indicating any land invasion.

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