Question NW3440 to the Minister of Agriculture, Land Reform and Rural Development
24 November 2022 - NW3440
Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development
Whether she has found that any labour tenant applications have been lost and/or misplaced; if not, is there any possibility to (a) reopen the application process and (b) extend the cut-off date for this purpose; if so, can such applications be located?
Reply:
No. However, the Lost Claims Strategy has been developed in partnership with the Special Master and Association for Rural Advancement (AFRA) to address any claims that may have been identified as lost or misplaced in the process by the applicant, the appointed service providers or the Department during the settlement process.
a) No, the former Department of Land Affairs worked with AFRA in KwaZulu-Natal and the Transvaal Rural Action Committee in Mpumalanga on a campaign to create awareness in communities on farms to assist them to lodge their labour tenant claims. The two organizations managed the process and submitted the applications in terms of section 16(1) of the Land Reform: Labour Tenants Act, 1996 to the then Department for processing. The labour tenancy system was abolished and therefore the re-opening of applications will not be possible.
b) No, section 16(1) of the Land Reform: Labour Tenants Act, 1996, provides that all labour tenant claims were to be lodged not later than 31 March 2001 as legislated by an Act of Parliament; therefore, the cut-off date is not an administrative decision, but a statutory provision.