Question NW55 to the Minister of Agriculture, Land Reform and Rural Development
29 February 2024 - NW55
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development
What is the latest status update on the (a) labour tenancy claim and (b) relocation agreement between Mafube Coal Mine and the Mabhena family in Mpumalanga; (2) what progress has been made since the matter was referred to the Land Claims Court in terms of section 18(7) of the Land Reform (Labour Tenants) Act, Act No 3 of 1996, by officials from her department; (3) whether there has been any recent communication between her department and the affected families; if not, on what date can her department be expected to provide a briefing to the affected family and assist them in addressing the challenges they are currently facing; (4) what interim arrangements of support is her department providing to the family regarding their grievance of vandalised graves?
Reply:
(1)(a) The Department of Agriculture Land Reform and Rural Development (DALRRD) served the Mafube Coal Mine with section 17 notices under the Land Reform Labour Tenants Act, Act No 3 of 1996 (LTA). The landowners requested DALRRD to certify the relocation settlement. However, in terms of section 8 of LTA, only the Court can certify relocation of a labour tenant and determine if it is equitable redress. DALRRD working with the office of the Special Master of Labour Tenants (SMLT) is in the process of referring the labour tenancy claim to court.
(b) DALRRD has been presented with the relocation agreements signed by the Mabhena family and others by Mafube Coal Mine. The agreements were inconsistent with section 8 of LTA; hence the matter is being referred to court for a declaratory order if both parties agree.
2. The Mabhena family and others have signed the LA1 form to request legal representation from Legal Aid – South Africa (LASA). The application is being processed by the State Attorney and LASA.
3. Yes, DALRRD is in constant communication with the affected families and the latest meeting was in December 2023 including planned meetings to take place between the affected families, Department, SMLT and LASA in March 2024.
(4) None, since the matter of vandalized graves was never reported to DALRRD. However, DALRRD will investigate the allegations.