Question NW277 to the Minister of Rural Development and Land Reform
10 March 2017 - NW277
Robertson, Mr K to ask the Minister of Rural Development and Land Reform
Whether, with reference to his replies to questions 1727 and 1728 on 9 September 2016, there were any outstanding land claims for Mala Mala at the time that payments were made and land handed over to the specified beneficiaries; if not, what is the position in this regard; if so, what are the full relevant details; (2) whether any of the beneficiaries were not verified at the time that payments were made and land handed over to the beneficiaries; if not, what is the position in this regard; if so, who are they collectively; (3) what is the detailed reason for the upwards valuation per hectare of the purchase price in the Mala Mala claim?
Reply:
1. With reference to question 1727, the paymentmade was for Kruger National Park not for Malamala.
With reference to question 1728, the Commission on Restitution of Land Rights (CRLR) received 24 land claims lodged by individuals/ communities against the properties belonging toSabie Sand Game Resrve. Malamala Game Reserve is within Sabie Sand Game Reserve.
The claimants have lodged claims in the area against 21 properties, consisting of 63 portions, measuring 65 000 hectares. The CRLR has by now managed to partially restore 6 properties, consisting of 9 portions, measuring 13 184 hectares, which properties used to belong to MalaMala Game Reserve.
2. In terms of the Restitution process, verification which entails compiling a list of originally dispossessed individuals and their households,was completed before the approval and handover. A Communal Property Association was set up and is called Nwandlamhari Communal Property Association.
3. The agreed (average market related) price per hectare was done after an extensive analysis of comparable sales by three valuation experts who were representing all the three parties involved in the court case; namely, the Minister through the Commission, Landowners and Claimants.
The court had also concluded that the compensation which the State will have to pay in the event of expropriation will be at least a ballpark figure of R791, 289, 492 in respect of the land and the improvement thereon. This amount did not include any amount for actual financial loss which the the landowners were likely to claim, and if considered, the eventual compensation would be in excess of R1 billion rand.
The upwards valuation per hectare of the purchase price in the MalaMala land claim was justified taking into account that valuation was first commissioned in 2007, and settlement only happened during 2012/2013 financial year. The final offer was also guided by the provisions of Section 25 of the Constitution.