Question NW3530 to the Minister of Agriculture, Land Reform and Rural Development
13 December 2023 - NW3530
Ceza, Mr K to ask the Minister of Agriculture, Land Reform and Rural Development
Whether she has taken action in providing clarity on the eviction notices relating to case numbers 1332/15 and 69085/2013 and the original land claim 1998-2014 by the Motha family who between 1930 and 1945 lived in Sycamore/Elandhoek 339JT, Arlie/Rietspruit 473JT, Hemlock/Vlakplaats 476JT and Watal/ Dooringhoek 341JT in Mpumalanga, as the Emakhazeni Local Municipality in collaboration with farm owner sought to evict the community of Sycamore farm and intimidated them to sign attendance registers in contravention of the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, Act 19 of 1998; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
Yes. The Department of Agriculture, Land Reform and Rural Development (DALRRD) provided clarity on the eviction notices relating to case numbers 13432/2015 and 69085/2013.
DALRRD was required in terms of a court order to provide land for purposes of accommodating individuals evicted from the farms. DALRRD appointed Advocate Lucky Makomati Zwane of the Mpumalanga Bar to represent the interests of DALRRD in the matter, and Mr K Baloyi of Lingenfilger Baloyi Inc was appointed to provide legal representation to the occupiers.
Regarding the order against the Department to provide land to accommodate the evicted persons, DALRRD advised that as per application from the Emakhazeni local municipality, DALRRD had already acquired various farms and transferred them directly to the local municipality for the same purposes in the past and the land is still available and unoccupied.
Regarding the matter of the Motha Family, DALRRD conducted a land rights enquiry and discovered that the Motha family was evicted by court order in the year 1998. They are currently staying at Waterval Boven in the EMakhazeni Local Municipality. However, the Motha family is a former occupier who still has the right to security of tenure in terms of section 6(2)(a) read with section 4 of the Extension of Security of Tenure Act No. 62 of 1997.
DALRRD has no evidence of a land claim lodged by the Motha Family on the three farms.