Question NW2682 to the Minister of Rural Development and Land Reform
18 September 2017 - NW2682
Mente, Ms NV to ask the Minister of Rural Development and Land Reform
What (a) is the main cause for the lack of progress with the Ndabeni land claim in Cape Town and (b) has his department done to (i) resolve the matter and (ii) ensure that Ndabeni claimants benefit from the settlement of their claim?
Reply:
(a) The main cause of the delays have been two litigation matters before the High Court of South Africa, Western Cape which were brought by the applicants “Trustees Elect Ndabeni” and “Ms Fikiswa Fesi” as a member of the Trust respectively .
(b)(i) The Department has opposed the action brought by the Trustee elect to compel the Master of the High Court to formally appoint them as trustees because of irregular processes leading up to such elections and has supported Ms Fesi in her application to have the sale agreement of restituted land parcels set aside because such agreement had not been resolved in a properly constituted community meeting.
(ii) The Department has ensured that alienation of the restituted land could not be registered at the Deeds Office which would have resulted in gross injustice and substantial prejudice to all Ndabeni claimants and beneficiaries since the intended sale would have been for a third of the actual market value of the said land.