Question NW2672 to the Minister of Public Works and Infrastructure
22 September 2023 - NW2672
Schreiber, Dr LA to ask the Minister of Public Works and Infrastructure
(1)What is the status of the committee assigned to clarify and designate ownership of Farm 1331 in Pniel, which initially started in 1991 but stalled due to the passing of the chairperson of the land committee (details furnished); (2) whether the committee is defunct; if not, what is the position in this regard; if so, (3) whether she will undertake to get the process moving again by constituting a new committee to resolve the issue and to ensure that the rightful owners of Farm 1331 are able to assume ownership and turn the land into productive use; if not, why not; if so, what are the relevant details?
Reply:
The Minister of Public Works and Infrastructure:
1. The constitution or appointment of the Committee was made in accordance with Section 4 of the Land Titles Adjustment Act No. 68 of 1979.
Section 4(1) (a) of the Acts read thus: “A committee shall consist of three members appointed by the Minister, of whom one shall be a judge of the Supreme Court of South Africa or a magistrate with at least ten years’ experience as a magistrate or a person who has held office as such a judge or such a magistrate’’
(b) The Minister shall designate such judge, magistrate or a person as chairman of the committee and the chairman shall regulate the conduct of the business of the committee’’.
The Department consulted the office of the State Attorney Cape Town to enquire about the reasons why the transfer of other portions of Farm 1331 was not completed. Subsequent consultation with the office of the State Attorney, the Department was advised that two members (one being the Chairman) of the committee has since passed on and there is only one surviving member.
The office of the State Attorney assisted in identifying three candidates to act as members of the Johannesdal Land Division Committee (JLDC) one candidate is the surviving member of the previous committee and the second candidate is the retired conveyancer who worked on the transfer of other portions of Farm 1331 then.
Following the identification of the candidates, the Department prepared letters of appointment in respect of the two candidates for them to serve as members of the Johannesdal Land Division Committee (JLDC) and letters were signed in 2021 by the then Minister of Public Works and Infrastructure, Ms P de Lille, however the candidate to serve as chairman was not yet identified at the time of signing the appointment letters of the two members.
In order to complete the quorum, the Committee needs to have a judge or a magistrate as Chairman as indicated in subsection (b). A judge was suggested to the Department by Department of Justice and Constitutional Development.
2. The committee has since ceased to function, it is defunct. A new committee need to be appointed. The question is who has the authority to appoint a new committee.
3. The Department has sourced legal advice concerning the appointment of the committee owing to the issues raised by the identified judge (to serve as chairperson) pertaining to the relevant ministry to confirm appointment, this is because the appointment of the committee was in terms of Land Titles Adjustment Act 68 of 1979, which has been wholly repealed by the Land Titles Adjustment Act No. 111 of 1993.
It is advised that, the saving clause in the Section 15(2) of the Land Titles Adjustment Act No. 111 of 1993 (any proceedings commenced with prior to the commencement of this Act, in terms of any law amended or repealed by this Act shall be concluded as if this Act had not been passed) only talk to proceedings that had already commenced and in process.
It is further advised that the powers of the Minister of Public Works and Infrastructure to appoint a committee cannot be sourced from a wholly repealed Act. A wholly repealed Act is regarded as Act that does not exist. We cannot use a repealed Act to appoint a committee.
In that sense, the authority now vest with the Minister of Department of Agriculture, Land Reform and Rural development and as such the matter must be transferred in accordance with the now operational Legislation Act 111 of 1993.