Questions and Replies

Reply:

(a) (i),(ii) The Department of Rural Development and Land Reform received and processed 47 applications for the registration of Communal Property Associations from the 2016-17 financial year to date.

(aa),(bb) Breakdown per province appears below:

• Eastern Cape : 6 applications approved
• Free State : 1 application approved
• KwaZulu-Natal : 5 applications approved
• Limpopo : 1 application approved
• Mpumalanga : 15 applications approved
• Northern Cape : 6 applications approved
• North West : 9 applications approved
• Western Cape : 4 applications approved

(b) (i) (aa) All 47 applications received were approved.

(bb) None. The Department is not rejecting CPA applications, but returns them for corrections if they are non-compliant with registration requirements prescribed by the Communal Property Associations Act, 1996 (Act No 28 of 1996).

(ii) Breakdown per province of non-compliant applications returned to the Provincial Offices for corrections and later approved appears below:

• Eastern Cape : 4
• KwaZulu-Natal : 3
• Limpopo : 1
• Mpumalanga : 2
• North West : 4
• Western Cape : 2

Reply:

This information will be made available to Parliament when the Bill is introduced.

Reply:

(a)

(i) 113 boreholes were drilled

(ii) 1 borehole was refurbished (drilling was also required)

(iii) All 113 boreholes driled were equipped

(b) The total cost was R35,7 million

(c) The Animal and Veld Management Programme funded the boreholes under the Rural Infrastructure Development Branch

(d) (e) Please refer to the table below. The Hon. Member should please contact me if he has pertinent information not contained in this reply.

No.	(d) Province Name	(d) Local Municipality	(d) Name	(d) GPS Co-ordinates	(e) Company Name Awarded
1	Free State	Dihlabeng/Maluti a phofung	Bethlehem Camp 1	28°09'35.4"S	28°21'00.6"E	Independent Water
2	Free State	Dihlabeng/Maluti a phofung	Bethlehem Camp 2	28°11'28.8"S	28°21'09.5"E	Independent Water
3	Free State	Dihlabeng/Maluti a phofung	Gedachtenis	28°22'21.3"S	28°44'07.3"E	Independent Water
4	Free State	Dihlabeng/Maluti a phofung	Mahlake 305	28°22'21.3"S	28°44'07.3"E	Independent Water
5	Free State	Dihlabeng/Maluti a phofung	Mahlake 310	28°15'52.7"S	28°51'45.0"E	Independent Water
6	KZN	Umkhanyakude	Mcakwini 1	S28 14 06.6	E32 16 17.7	Robertson & Poole
7	KZN	Umkhanyakude	Ndombeni	S28 11 06.8	E32 15 01.7	Robertson & Poole
8	KZN	Umkhanyakude	Bethangwe	S28 10 11.7	E32 13 41.6	Robertson & Poole
9	KZN	Umkhanyakude	Mansiya	S28 02 42.8	E32 02 03.0	Robertson & Poole
10	KZN	Umkhanyakude	Manaba	S27 15 43.6	E032 28 26.6	Robertson & Poole
11	KZN	Umkhanyakude	Imanzibomvu (Mbazwana)	S27 33 52.6	E32 32 40.8	Robertson & Poole
12	KZN	Umkhanyakude	Kwageorge dip	S27 00 41.8	E32 47 33.5	Robertson & Poole
13	KZN	Umkhanyakude	Mabandleni dip	S27 09 30.4	E32 45 44.9	Robertson & Poole
14	KZN	Umkhanyakude	Mkhumbikazane	S27 31 00.3	E31 24 59.1	Robertson & Poole
15	KZN	Umkhanyakude	Thengane dip	S27 01 23.3	E32 40 13.6	Robertson & Poole
16	KZN	Umkhanyakude	Bomvini Dip	S27 06 22.2	E032 28 43.1	Robertson & Poole
17	KZN	Umkhanyakude	Genuka dip	S27 08 33.5	E32 18 08.0	Robertson & Poole
18	KZN	Umkhanyakude	Mfanela	S27 58 49.2	E31 58 03.6	Robertson & Poole
19	KZN	Umkhanyakude	Mthaleni	S27 45 51.4	E32 10 00.1	Robertson & Poole
20	KZN	Umkhanyakude	Mthaleni 2	S27 45 56.7	E32 09 51.9	Robertson & Poole
21	KZN	Umkhanyakude	Masakeni	S27 49 02.8	E32 22 45.9	Robertson & Poole
22	KZN	Umkhanyakude	Masakeni 2 (Giba)	S27 43 51	E32 28 35	Robertson & Poole
23	KZN	Umkhanyakude	Nqutshini	S27 56 55.5	E032 16 11.8	Robertson & Poole
24	KZN	Umkhanyakude	Nqutshini 2 (Esimphondweni)	S27 44 32.2	E32 28 30.6	Robertson & Poole
25	KZN	Zululand	Ntweni	S27 47 41.3	E31 53 04.3	Pollard Drilling
26	KZN	Zululand	Nkweme	S 27 51 35.0	E 31 53 48.1	Pollard Drilling
27	KZN	Zululand	Ndololwane	S 27 59 19.2	E 31 44 44.1	Pollard Drilling
28	KZN	Zululand	Emfemfeni	S 28 05 17.2	E 31 34 58.4	Pollard Drilling
29	KZN	Zululand	Dabhazi	S 28 08 51.1	E 31 44 52.3	Pollard Drilling
30	KZN	Zululand	Dabhazi	S 28 08 28.7	E 31 45 08.17	Pollard Drilling
31	KZN	Zululand	Dabhazi	S28 07 05.4	E31 44 54.1	Pollard Drilling
32	KZN	Zululand	KwaMphothi	S 28 18 43.2	E 31 19 43.0	Pollard Drilling
33	KZN	Zululand	Qanqathu Trust	S 28 24 47.1	E 31 13 33.7	Pollard Drilling
34	KZN	Uthungulu	Thelumoyaphansi	S28 49 31.9	E31 08 33.4	D- Construction
35	KZN	Uthungulu	Matina	S28 51 20.6	E31 05 48.1	D- Construction
36	KZN	Uthungulu	Matina	S28 51 36.0	E31 05 24.5	D- Construction
37	KZN	Uthungulu	Siyangokuya	S 28 31 10.1	E 31 42 38.4	D- Construction
38	KZN	Uthungulu	Mpongose	S 28 48 54.1	E 31 24 00.7	D- Construction
39	KZN	Uthungulu	Dubeni Dip tank	S28 41 29.5	E31 27 08	D- Construction
40	KZN	Uthungulu	Ntshiweni Dip Tank	S28 31 14.5	E31 42 16.0	D- Construction
41	KZN	Uthungulu	Patane (Gcobashe)	S28 28 39.8	E32 01 23.1	D- Construction
42	KZN	Uthungulu	Mfanisa	S28 32 22.6	E32 00 00.2	D- Construction
43	KZN	Uthungulu	Ntuthunga	S28 27 24.3	E31 55 40.8	D- Construction
44	KZN	Uthungulu	eDayini	S28 36 04.3	E32 00 19.7	D- Construction
45	KZN	Uthungulu	Sabhuza	S28 32 36.0	E31 54 23.0	D- Construction
46	KZN	Uthungulu	Sabhuza	S28 32 56.3	E31 54 53.4	D- Construction
47	KZN	Uthungulu	Gegethe	S 28 26 05.8	E 31 58 37.8	D- Construction
48	KZN	Amajuba	Inkululeko Yomphakathi	S 27 46 31	E 30 17 50	Pollard Drilling
49	KZN	Amajuba	Ndwakazane	S 27 48 32.9	E 30 21 58.4	Pollard Drilling
50	KZN	Amajuba	Vaalbank-Esidakeni	S 27 35 20.9	E 30 25 54.7	Pollard Drilling
51	KZN	Amajuba	Vaalbank-Esidakeni	S 27 35 20.9	E 30 25 54.7	Pollard Drilling
52	KZN	Amajuba	Slagveld	S 27 46 56.2	E 30 32 10.3	Pollard Drilling
53	KZN	Amajuba	AMAJUBA - OSIZWENI	S 27 45 25.7	E 30 11 58.7	Pollard Drilling
54	KZN	Amajuba	Jiyane	S 27 45 26.3	E 30 24 34	Pollard Drilling
55	KZN	Amajuba	Waaihoek	S 27 46 13	E 30 24 34	Pollard Drilling
56	KZN	Amajuba	Esikhaleni	S 27 42 34.3	E 30 21 26.5	Pollard Drilling
57	KZN	Amajuba	Reserve Farm	S 27 22 03	E 29 55 50	Pollard Drilling
58	KZN	Amajuba	Bloodriver -Nzimane	S 27 38 11.4	E 30 31 48.9	Pollard Drilling
59	KZN	Amajuba	Bloodriver -Nzimane	S 27 38 24.1	E 30 32 01.2	Pollard Drilling
60	KZN	Amajuba	AMAJUBA BUFFALO RIVER	S 27 47 05.0	E 30 12 41.5	Pollard Drilling
61	KZN	Amajuba	Steeling	S 27 34 3.6	E 30 10 51.8	Pollard Drilling
62	KZN	Amajuba	Malonjane	S 27 33 42.3	E 30 11 55.6	Pollard Drilling
63	KZN	Amajuba	GROOTHOEK	S 27⁰ 46' 22,3"	E 030⁰ 27' 03.0"	Pollard Drilling
64	KZN	Amajuba	MANCAMANE	S 27⁰ 47' 50,3"	E 030⁰ 26' 28.1"	Pollard Drilling
65	KZN	Amajuba	WAAIHOEK FARM 2 TRUST	S 27⁰ 48' 00,2"	E 030⁰ 19' 15,6"	Pollard Drilling
66	KZN	Amajuba	GROOTVLEI	S 27⁰ 48' 00,2"	E 030⁰ 19' 15,6"	Pollard Drilling
67	KZN	Amajuba	BEROUW	S 27 42 15.7.9	E 30 15 47.7	Pollard Drilling
68	KZN	Umzinyathi	Ward 9	S 28 52' 13.6"	E 030 18' 09.3"	Pollard Drilling
69	KZN	Umzinyathi	Ward 7	S 28 47' 50.6"	E 030 23' 45.0"	Pollard Drilling
70	KZN	Umzinyathi	Ward 7 Replacement	S 28 48 30.0	E 30 24 02.0	Pollard Drilling
71	KZN	Umzinyathi	Nquthu Ward 12 Jabuvu	S 28 14' 43.7"	E 030 32' 56.6"	Pollard Drilling
72	KZN	Umzinyathi	Jabavu - alternate	S 28 17 07.0	E 30 32 24.0	Pollard Drilling
73	KZN	Umzinyathi	Nquthu Ward 13 Hluleni	S 28 10' 58.3"	E 30 36' 57.5"	Pollard Drilling
74	KZN	Umzinyathi	HLAZAKAZI	S 28 17 07.0	E 30 32 24.0	Pollard Drilling
75	KZN	Uthukela	Emnambithi piggery	S 28 36'27.5	E 29 58'11.0	Pollard Drilling
76	KZN	Uthukela	Mdlatswele -Cornfields	S 28 51' 37.6"	E 029 51' 18.2"	Pollard Drilling
77	KZN	Uthukela	Mkholombe -Weenen	S 28 53' 37.2"	E 030 06' 52.0"	Pollard Drilling
78	KZN	Uthukela	Khanjana (Nhlambamsoka)	S 28 40' 45.1"	E 030 13' 58.2"	Pollard Drilling
79	KZN	Uthukela	Rosboom ( Goodhope)	S 28 40' 50.8"	E 029 42' 00.9"	Pollard Drilling
80	KZN	Uthukela	RIETKUIL FARM	S 28⁰ 36' 01.8"	E 029⁰ 43' 33,2"	Pollard Drilling
81	KZN	Uthukela	KLIP PORT FARM	S 28⁰ 38' 19.5"	E 029⁰ 41' 39.8"	Pollard Drilling
82	KZN	Uthukela	MANGQATENI	S 28⁰ 38' 37,5"	E 029⁰ 44' 02,4"	Pollard Drilling
83	Limpopo	Greater Giyani	Thomo	S 23° 15’ 41.60”	E 30° 49’ 41.67”	Makumu construction and projects
84	Limpopo	Thulamela	Tshifudi	S 22° 49’ 45.98”	E 30° 42’ 21.47”	MRP construction
85	Limpopo	Lephalale	Kgobagodimo	S 23° 15’ 30.00''	E 28° 03’ 14.00”	Striving Mind Trading 586
86	Mpumalanga	Thembisile Hani	Gemsbokfontein	25 18 46.72 S	28 40 59 E	GS Fencing and Construction
87	Mpumalanga	Bushbuckridge	Welverdiend A	24°34'41.86"S	31°21'36.40"E	Khathiden Civil Construction
88	Mpumalanga	Chief Albert Luthuli	Lekkerloop (section 2)	26° 1' 34.1292"S	30° 36' 28.335"E	Natani Investment
89	Mpumalanga	Thaba Cheu	Pilgrimrest	24⁰ 56' 0" S	30⁰ 43' 0" E	Ntjaitjai
90	Mpumalanga	Nkomazi	Strydomblok/Dludluma	25 28 50.18 S	31 31 03.30	OXIOR Civil Enterprises
91	Mpumalanga	Nkomazi	Goba	25 48 51.95 S	31 54 52.72	Gs Fencing
92	North West	Moses Kotane	DRIEFONTEIN FARM-MMEKWA	S 25' 7' 34'	E 27' 19' 34'	Khathiden Civil Construction
93	North West	Moses Kotane	DRIEFONTEIN FARM-MONAGENG	S 25' 7' 39'	E 27' 20' 10'	Khathiden Civil Construction
94	North West	Mahikeng	FARM LUCYDALE-STONE	S 25' 47' 55'	E 25' 44' 38'	Khathiden Civil Construction
95	North West	Mahikeng	FARM LUCYDALE-MATSHEKA	S 25' 47' 55'	E 25' 44' 38'	Khathiden Civil Construction
96	North West	Mahikeng	SUNNYSIDE-MOJIWA	S 25' 47' 14'	E 25' 39' 211'	Khathiden Civil Construction
97	North West	Moses Kotane	VLAKFONTEIN FARM	S 25' 04' 55'	E 27' 17' 02.2'	Khathiden Civil Construction
98	North West	Moses Kotane	Driefontein farm-Mabiletsa	S 25' 7' 43'	E 27' 26' 10'	Khathiden Civil Construction
99	North West	Moses Kotane	Driefontein farm- ntshabele PJ	S 25' 7' 30'	E 27' 26' 19.8'	Khathiden Civil Construction
100	North West	Moses Kotane	driefontein farm -Monageng	S 25' 7' 38'	E 27' 22' 10'	Khathiden Civil Construction
101	North West	Moses Kotane	Donkerhoek farm-Ramokgadi	S 25' 24' 57.7'	E 27' 22' 33.6'	Khathiden Civil Construction
102	North West	Moses Kotane	Driefontein farm-Pitse	S 25' 7' 39'	E 27' 20' 10'	Khathiden Civil Construction
103	North West	Moses Kotane	Driefontein farm-Lekgotla PN	S 25' 7' 39'	E 27' 20' 10'	Khathiden Civil Construction
104	North West	Moses Kotane	Donkerhoek farm- Maragel BJ	S 25' 24' 09'	E 27' 19' 20'	Khathiden Civil Construction
105	North West	Moses Kotane	Donkerhoek farm - Matlapeng	S 25' 24' 63'	E 27' 23' 33'	Khathiden Civil Construction
106	North West	Moses Kotane	Donkerhoek farm Moraka	S 25' 24' 54'	E 27' 25' 246'	Khathiden Civil Construction
107	North West	Moses Kotane	Donkerhoek farm- Maragele TM	S 25' 24' 57.7'	E 27' 22' 33.6'	Khathiden Civil Construction
108	North West	Moses Kotane	Driefontein farm-Molefe ES	S 25' 12' 49'	E 27' 29' 05.8'	Khathiden Civil Construction
109	North West	Moses Kotane	Driefontein farm-Ntshabele NS	S 25' 7' 46'	E 27' 23' 10'	Khathiden Civil Construction
110	North West	Rustenburg	Palmietfontein -Mokgatle	S 25' 12' 31,8'	E 27' 26' 29.4'	Khathiden Civil Construction
111	North West	Rustenburg	Potgieters fontein-Motlhabane	S 25' 27' 38,1'	E 27' 22' 06.3'	Khathiden Civil Construction
112	North West	Rustenburg	Palmietfontein -Rammutla	S 25' 15' 34,7'	E 27' 26' 23.8'	Khathiden Civil Construction
113	North West	Mafikeng/ Mahikeng	Lucydale farm	S 25' 47' 55'	E 25' 44' 38'	Khathiden Civil Construction

Reply:

(a) The property description ‘Portion 1 of farm 292’ is an incomplete property description in that it lacks the necessary reference to an administrative district; this defect renders it not possible to identify the property concerned. In the absence of a complete property description, it is not possible to trace the status from the Deeds Office Tracking System.

(b) The property description ‘Portion 4 of farm Soopjesvlakte 301’ is an incomplete property description in that it lacks the necessary reference to an administrative district; this defect renders it not possible to identify the property concerned. In the absence of a complete property description, it is not possible to trace the status from the Deeds Office Tracking System.

(c) The property description ‘Portion 6 of farm 313 Hillside’ is an incomplete property description in that it lacks the necessary reference to an administrative district; this defect renders it not possible to identify the property concerned. In the absence of a complete property description, it is not possible to trace the status from the Deeds Office Tracking System.

(d) There is no township called ‘Slangpark’ that is registered in the deeds registry at Cape Town nor in the deeds registry at Kimberley and consequently erf 4237 Slangpark is non-existent in the registration system.

(e) The property description ‘Portion 11 of farm 295’ is an incomplete property description in that it lacks the necessary reference to an administrative district; this defect renders it not possible to identify the property concerned. In the absence of a complete property description, it is not possible to trace the status from the Deeds Office Tracking System.

(f) The property description ‘Lebanon’ is an incomplete property description in that it lacks the necessary detail; this defect renders it not possible to identify the property concerned. In the absence of a complete property description, it is not possible to trace the status from the Deeds Office Tracking System.

(g) The property description ‘Nuweberg’ is an incomplete property description in that it lacks the necessary detail that would facilitate identification of the property concerned; this defect renders it not possible to trace the status from the Deeds Office Tracking System.

(h) The property description ‘erf 4233’ is an incomplete property description in that it lacks the necessary reference to a township name that would facilitate identification of the property concerned; this defect renders it not possible to trace the status from the Deeds Office Tracking System.

(i) The property description ‘Remainder Portion of farm 95’ is an incomplete property description in that it lacks the necessary reference to an administrative district; this defect renders it not possible to identify the property concerned. In the absence of a complete property description, it is not possible to trace the status from the Deeds Office Tracking System.

(j) The property description ‘Portion 6 of farm 287’ is an incomplete property description in that it lacks the necessary reference to an administrative district; this defect renders it not possible to identify the property concerned. In the absence of a complete property description, it is not possible to trace the status from the Deeds Office Tracking System.

Reply:

1. (i),(ii) Section 96 of the Deeds Registries Act, 1937 (Act No. 47 of 1937) recognises the execution of deeds by prospective owners. Thus, if A purchases land from B and A sells the same land to C before transfer is registered in A’s name, it is perfectly legal to register transfer from B to A and from A to C simultaneously. The reasons for the simultaneous registration of transfer in this instance can be proffered only by the parties concerned and not by the Minister of Rural Development and Land Reform.

 (b) The Junior Examiner was T J Mashego and the Senior Examiner was P M Napo.

2. (a) The name of the transferring attorneys is Cliff Dekker Hofmeyer Incorporated.

  (b) The conveyancer in question has lodged several registered transfers/ transactions. However the Deeds Registries System (DRS) cannot provide how many of those are state owned land transactions.

Reply:

In the registration of transfer of Portion 230 (portion of portion 1) of the Farm Driefontein to the Ekurhuleni Metropolitan Municipality, there was no transgression of any regulation or conveyancing laws. The simultaneous registration of transfers in favour of successive purchasers is permissible in terms of section 96 of the Deeds Registries Act, 1937 (Act No. 47 of 1937). However, if the honourable member has information that he wishes to bring to my attention, he is kindly requested to contact my Office on 012 312 9300 or 021 4611301.

Reply:

1. (a) (i) Somhlolo Trust consists of 142 Originally Dispossessed Individuals and 1237 Total number of beneficiaries;

(ii) The Trustees are: Professional Trustees: Kenneth Mokoena (Attorney), Stefaan Sithole (Chartered Accountant), Ordinary Trustees: Fana Enock Nkosi, Qondeni Joseph Mathebula and Sonnyboy Mgazi Maseko. (Tete Elijah Nkosi and Dumisane Robert Mkomo are deceased).

  (b) The beneficiaries were verified before the finalization of the claim but the verification report was subsequently disputed. The Commission on Restitution of Land Rights together with the Trustees are currently in a process of verifying the beneficiaries again. The University of Pretoria has been engaged to undertake the process.

  (c) The last meeting of the Trustees was held on the 16th of November 2016.

2. (a)(b) There are no business concerns.

3. (a)(b) The Trustees have registered a Company called Zololor (Pty) Ltd which is fully owned by the Trust.

4. (a)(b) No Chief occupies Somhlolo Trust land .

Reply:

(a),(b),(c),(d) No, they were never awarded any business by the Department.

(i),(ii),(iii),(iv),(v),(vi) Falls away.

Reply:

1. (a) The Terms of Reference of the investigation were as follows :

• Establish whether the acquisition processes, various agreements and spending were done in accordance with the applicable legislative and policy requirements;
• Determine the nature of the agreements entered into between the DRDLR and the Nirwanda PLAS Project and determine whether the DRDLR officials performed their duties in accordance with the agreements and prevailing legislative and policy requirements;
• Establish whether the spending on the Nirwanda PLAS Project was in line with the DRDLR’s objectives and mandate, prevailing policy and legislative frameworks, as well as the concluded agreements, if any;
• Establish whether the DRDLR spending was in line with industry standards and determine whether the DRDLR received value for money;
• Determine the legal relationship the DRDLR has with the Nirwanda PLAS Project;
• Determine whether the Nirwanda PLAS Project’s business practices, from the date of DRDLR’s acquisition were in line with industry standards, prevailing legislation pertaining to the relevant legal entities and the DRDLR, including, but not limited to, the Companies Act, and in the best interests of the DRDLR and the beneficiaries;
• Verify and establish the current status of the Nirwanda PLAS Project, as well as the interests of the DRDLR and/or beneficiaries in the existing entities, if any;
• Determine whether the appointment of the Strategic Partner(s)/Mentor(s) and management were done in accordance with the applicable legislative and policy requirements, and determine whether the Strategic Partner(s)/ Mentor(s) performed according to their agreement;
• Determine whether the Strategic Partner(s)/Mentor(s), beneficiaries and/or Nirwanda PLAS Project received any other benefits, payments and/or grants from the DRDLR;
• Establish whether the acquisition, agreements and spending of those benefits, payments and/or grants were in accordance with the applicable legislative and policy requirements;
• Establish whether the Strategic Partner(s)/Mentor(s), beneficiaries and/or Nirwanda PLAS Project received any other benefits, payments and/or grants from other institutions, which impacted/influenced the beneficiaries and/or DRDLR and to establish whether the acquisition, agreements and spending of those benefits, payments and/or grants were in accordance with the applicable legislative requirements;
• Establish whether the officials involved, executed their duties in terms of the prevailing legislation and policy requirements and whether they were involved in any irregularities or received any undue rewards or benefits;
• Create the flow of money to determine for what, by/for whom, where, when and how it was disbursed/spent, from the point of transfer to the final payments;
• Create the flow of produce to determine for what, by/for whom, where, when and how it was disbursed, from the point of receipt to the final payments;
• Create a flow diagram of all the institutions/individuals involved, including shareholders and recipients;
• Identify suspicious or questionable transactions and accounts and perform further analysis as agreed with the DRDLR and the SAPS/Hawks;
• Perform a criminal forensic investigation for the SAPS/Hawks in terms of the SAPS/Hawks investigation Plan;
• The Service Provider(s) must also investigate any other related problems and irregularities identified during the course of investigation, including, but not limited to, theft, fraud and corruption;
  • The investigation must cover the work performed at DRDLR, Government Institutions, Service Provider(s) and Sub-contractors involved, and relevant industry specialists must be consulted to provide value for money and cost estimation reports;
  • The period to be covered by the investigation must be from 2009 to date;
  • If there are indications that the allegations identified may result in disciplinary, criminal or civil action, this must immediately be reported to the Project Manager during the course of the investigation, in order to consider the necessary action;
  • The appointed Service Provider(s) must liaise with other Government Departments (including Provincial Government) and agencies (agencies involved in/with the combating, eradication and prevention of fraud and corruption) where necessary and with the DRDLR’s consent, institute the relevant and necessary actions; and
  • NB: The Service Provider(s) must perform investigations for the DRDLR, which must be finalised within four (4) months from the date of the receipt of the order and for the SAPS/Hawks which must be finalised within two (2) months from the date of the receipt of the order, six (6) months in total.

1 (b) Ms Karen De La Rouviere, the Chief Audit Executive and Head of Internal Audit initially oversaw the investigation and later handed over to Mr Eugene Southgate the Deputy Director General: Corporate Support Services.

1 (c) The two Acting Directors: Forensic Investigations, Mr N Nondzube and Ms K Govender, were the internal project managers coordinating the work of the appointed service provider.

1 (d) The service provider reported to the Director Forensic Investigations and the Deputy-Director General Corporate Support Services, Mr Eugene Southgate.

1(e) The Minister instructed the Department to conduct an investigation into the project.

2. No changes were made to the terms of reference.

Reply:

1. (a) The Forensic Report on tender number 5/2/2/1 RDLR 0052 (2015/2016) was released on 10 October 2016

(b) In summary the Forensic report recommended the following:

(i) That a criminal investigation be conducted on the possible corruption between the current and former officials of the DRDLR and SAFE/BONO Farm Management

(ii) That disciplinary action be taken against an official from the DRDLR

(iii) That investigations be conducted on projects that BONO has been appointed as a strategic partner

(iv) That legal opinion be sought on how to regularise the Nirwanda PLAS Project and possible civil claims for recovery of funds due to DRDLR

2. The service provider was allowed full access to all administrations systems so far as they related to the Nirwanda PLAS project. That includes persal information of all officials involved, recapitalisation funding data on the Nirwanda PLAS Project, human resources information of the officials implicated etc

3. In terms of the TOR and the SLA provision was made for the service provider to assist the Hawks with the criminal investigation and any court or disciplinary processes that they may be required to assist the DRDLR

4. The DRDLR will conduct preliminary investigations into all the farms that SAFE/BONO was appointed as strategic partners. The DRDLR has so far identified 16 farm projects which include three in the question, that have been prioritized for preliminary investigation to ascertain whether there are grounds to conduct fully-fledged and comprehensive investigations

5. The DRDLR is not aware of any political interference in the specified forensic investigation.

Reply:

1. (a) No, (b) No, (c) No (i)(ii). Falls away

2. (a)(b). Falls away.

3. (a)(b)(c). Falls away.

 

Reply:

1. (a)

(b) Name of Community Claim	(c) Local Municipality	(d) Status	(2) Name of Claimant
1.DieSkool randvlei 2. NG Sendings Kerk   3.Ramkamp Community   4.Verenigende Gereformeerde Kerk	Hantam ( 164 Claims)	Lodgement Lodgement Lodgement Lodgement	W.M Hendricks P.J West S. Balea P.J West
1.Garies Community Claim   2.Soebatsfontein Community Claim	Kamiesberg (15 Claims)	Lodgement Lodgement	D.R Maarman P. Clasen
1.Grootmist Community Claim   2.Port Nolloth Community   3. Anglican Church People 4.Porth Nolloth Community Claim	Richtersveld (150 Claims)	Lodgement Lodgement Lodgement Lodgement	E. Esas M.B Mtetandaba D.R Augustus P.J Cloete
Individual Claimants	Karoo Hoogland (27 Claims)	Lodgement	Skiffers Meikie; Van Sitters Johannes Jacobus; Botes Klaas; Riekert Willem Stephannus; Haas Willem German; Booisen Magrita Dorethea; Rickett Irene Henrieta; Malgas Rina Katriena; Malan Cornelius Daniel; Wilskut Anna; Beukes Jacolean; Goliath Katriena; Keyser Martha; Keyser Simon Frederik; Van der Horst Katrina; Tieties Lena Martha; De Vos Jan; Januarie Anna; Van Wyk Hanna; Matala Nicolaas Jacobus; Floors Anna Magrieta; Malgas Elias; Haas Sonja ; Hoorn Johannes; Isaacs Martheunis Johannes; Van Wyk Lena Levina; Malgas Maria; Severus Ragel;
Pofadder Community Claim	Khai Ma (14 Claims)	Lodgement	J.P.I Joseph
Agge-oes Community Claim	NamaKhoi (50 Claims)	Lodgement	B. Abraham

(3) No.

 

Reply:

1. (a)(b) No;

2. (a)(b) No

     (i)(ii)(aa)(bb) Falls away.

Reply:

	Financial year	a) Make	b) Model	c) Price	d) Date
(i) Minister Nkwinti	(aa)(aaa) 2014	Audi	Q7 3.0 TDI Quattro	R731 548.34	19/02/2015
	(aa)(bbb) 2015	None	Falls away	Falls away	Falls away
	(bb) 2016	Audi	Q7 3.0TDI Quattro	R1 039 872.66	19/01/2017
(ii) Deputy Minister Mashego Dlamini	(aa)(aaa) 2014	Mercedes	ML350 BLUETEC	R898 155.41	10/03/2015
	(aa)(bbb) 2015	Mercedes	ML350 BLUETEC	R898 155.41	23/06/2015
	(bb) 2016	None	Falls away	Falls away	Falls away
Deputy Minister Skwatsha	(aa)(aaa) 2014	Mercedes	ML350 BLUETEC	R999 864.41	25/03/2015
	(aa)(bbb) 2015	Mercedes	ML350 BLUETEC	R937 755.42	23/06/2015
	(bb) 2016	None	Falls away	Falls away	Falls away

Reply:

 

1. (a) (i)(aa) None, since this is a land development programme targeting State

owned farms, PLAS farms and Communal land.

(bb) Falls Away

(ii) 689 hectares have been allocated to beneficiaries from Gorah (14), Krugerpost (221), Mantusini (373), Westwood (18), Kwa-Mashabalane (41) and Libhaba CPA (22)

(b) 689 Beneficiaries have received Gorah (14), Krugerpost (221), Mantusini (373), Westwood (18), Kwa-Mashabalane (41) and Libhaba CPA (22)

2. The budget allocation over the MTEF is as follows:

Year	2016/2017	2017/2018	2018/2019	2019/2020	TOTAL
Budget Allocation	R 100 000 000	R 247 808 000	R 619 497 000	R 698 973 000	R 1 566 278 000

 

3. There are 689 beneficiaries currently involved in a programme

4. (a) and (b)

Province	District	Farm Name	Year
Eastern Cape	OR Tambo	Mantusini	July 2016
Eastern Cape	Sarah Baartsman	Gorah	July 2015
Eastern Cape	Sarah Baartsman	Krugerspost	August 2016
KwaZulu Natal	Umgungundlovu	Westwood	July 2016
Mpumalanga	Mkhondo	Kwa-Mashabalane	March 2016
Mpumalanga	Mkhondo	Libhaba CPA	March 2016

Reply:

 

No; The Department of Rural Development and Land Reform and the Commission on Restitution and Land Rights have no record of any land transferred to the said Authority.

Reply:

 

1. No, I do not intend to resign. I have referred the matter to the Office of the Public Protector for investigation as the complainant. I have also requested that a lifestyle audit be conducted on me, from 1994 when I became a public representative as Speaker of the Eastern Cape Provincial Legislature (1994 – 1999); as MEC: Housing, Local Government and Traditional Affairs (1999 – 2004); as MEC: Agriculture (2004 to 2009); and, as Minister for Rural Development and Land Reform (2009 to date).
2. Yes. In the 2011/12 financial year, I requested the President to issue a Proclamation (R23 of 2012) to authorise the Special Investigating Unit (SIU) to investigate allegations of theft, fraud, corruption and maladministration in relation to the Land Reform Programme of the Department. These investigations are currently ongoing. As a result of these investigations, several farms have been seized by the Asset Forfeiture Unit; and,29 (1 Eastern Cape, 2 Free State and 26 KwaZulu Natal) of these were handed back to the Department during November 2016. Some of these matters are currently before the Courts.

As a result of the magnitude of the allegations of maladministration, financial mismanagement and/or fraud and corruption in certain PLAS and Recap farms, the then head of the SIU, Advocate Soni, requested the Department to conduct scoping exercises with a view to narrowing down forensic and related investigations for effective results. I,then, initiated several internal scoping and external forensic investigations, including Bekendvlei, into alleged irregularities in relation to the PLAS and Recap Farms. The Department is currently implementing the recommendations of the completed reports, in this regard.

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.

 

Reply:

1.  Processes of the Commission

The restitution process is carried out in 6 steps or phases as follows:

2.  Lodgement and Registration of a claim

The lodgment of land claims is the first step in the restitution process. The Commission is required to assist the claimants in the lodgement of the claims. The current deadline to lodge claims is 31 December 1998.

On 27 March 2014 the National Council of Provinces passed the Restitution of Land Rights Amendment Bill.

A claim may be lodged by (1) a person that was dispossessed, (2) the direct descendants of the person (where such person is deceased), (3) an estate, or (4) a community.

The qualification criteria for claims are that a person, direct descendant of a person, estate, or community must have:

1. Been dispossessed;
2. Of a right in land;
3. After 19 June 1913;
4. As a result of past racially discriminatory laws or practices;
5. Has lodged a claim before the cut-off date for lodgement of claims;
6. Was not, at the time of dispossession, paid compensation or any other consideration that is just and equitable (as determined in terms of section 25 (3) of the Constitution.
7. Screening and Categorisation

Once a claim is lodged it is screened to determine whether all the information required to lodge a claim was submitted, the type of the claim, the location of the claimed land, etc.

3.  Research / Investigation

In terms of the current Rules Regulating Procedure in the Commission, research takes place in two phases.

The first phase involves a determination of whether a claim is not excluded by the requirements of restitution. Where a claim is not excluded, it is accepted for further investigation and details of the claim are published in the Government Gazette. Where a claim is excluded, the Commission may reject that claim if it is frivolous and vexatious. Claims that are frivolous or vexatious are claims that do not have substance, or which are patently bogus.

The second phase involves a more thorough research that determines whether the claim meets the requirements for restitution. Claims that meet the requirements will proceed to the next stage. Where it is discovered at this stage that the claim does not meet the requirements, the claim will be de-gazetted (i.e. the publication of the details of the claims will be withdrawn).

4.  Negotiations

All parties to a claim (including current owner of claimed land, claimant and other right holder on the claimed land) are convened and discussions held about how a claim will be settled. This will involve provision of all information to the affected parties; and the claimant being required to indicate the form of restitution (i.e. restoration of land, alternative land, or financial compensation, or a combination of the above). Where the claimant choses financial compensation, the current owner of the claimed land ceases to become an interested party. Where the claimant has opted for the restoration of the land discussions will be held for the acquisition of the land by the State (on the basis of a valuation).

5.  Settlement or Referral to Court

Where no agreement can be reached on settlement the claim is referred to the Land Claims Court. If there is an agreement, the settlement is referred to the Minister.

6.  Implementation

If an award is made by the Minister (on the basis of the agreement that was reached) or Court (through an order) the award or order is implemented by the acquisition of the land and its transfer to the claimant or payment of financial compensation where the award is for payment of financial compensation. Development assistance is provided where land is awarded.

1. The qualification criteria for claims are that a person, direct descendant of a person, estate, or community must have:

• Been dispossessed;
• Of a right in land;
• After 19 June 1913;
• As a result of past racially discriminatory laws or practices;
• Has lodged a claim before the cut-off date for lodgement of claims;

Was not, at the time of dispossession, paid compensation or any other consideration that is just and equitable (as determined in terms of section 25 (3) of the Constitution.

7.  The claim is become invalid if those not meet the requirement of the restitution act.Where a claim is excluded, the Commission may reject that claim if it is frivolous and vexatious. Claims that are frivolous or vexatious are claims that do not have substance, or which are patently bogus.

Reply:

(a) There are no such farms, except for a portion within a leased farm whereby the farmer removed his livestock, due to drought; and, had not yet returned them when this response was drafted.

(b) Falls away.

Reply:

(1) Currently there are two families of Labor Tenants that are using the farm houses namely, Mtshali and Mabaso)

(2)(a),(b),(c) Since the farm was returned to the state no members of the Sewpersad, Armmarchand, Roshen and/or Nersha families have benefited in any way.Prior to the farm being forfeited to the state, it was occupied by the Sewpersad, Armmarchand, Roshen and Nersha families. They benefited to the extent of occupation only. The Department is not aware of any financial benefits from operating the farm and does not have access to their financial statements.

(i), (ii) Falls away.

(3) (a) Total cost to the Department was R36 999 732.82

(b) - Purchase price for Land – R27 244 556.00

- Total Livestock costs- R 6 136 400.00

- Agricultural implements- R 574 500.00

- Developmental costs- R 2 500 000.00

- Conveyancing costs - R 100 451.00

- AFU costs- R 443 825.82

Reply:

1. The Land in Ward 30 Ten Rooms informal settlement situated on P52 and P88 of the farm Rietfontein 485JQ, jurisdiction Madibeng Local Municipality, belongs to the Department of Public Works (DPW).

2. No. The Department of Rural Development and Land Reform does not deal with land administered by the Department of Public Works, nor was it approached for assistance in this matter.

Reply:

1. (a) Yes. Two staff members were suspended.

         (i) One staff member was suspended for 29 months and the other for 33 months.

         (ii) Cost of remuneration was R1 342 291.59 and R1 026 838.97 respectively.

(b) No, since none were implicated.

2. The matter of legal practitioners who could be implicated was referred to the Special Investigating Unit (SIU) and HAWKS for further investigation.

3. (a) The Department is the current legal owner of the farms.

(b) Some of the cattle have been sold in order to keep operations going on the farm (purchase of cattle feed, licks, vaccine, fixing of tractor, maintenance of fences, paying wages and burning of firebreaks). Apart from the cattle, movable assets such as farm equipment, household furniture and appliances were accounted for and the assets are still on the farm except for one vehicle that was taken for repairs by the previous caretaker and has not been returned to the farm.

(c) Currently, there are two families of labour tenants occupying the farm houses, namely Mtshali and Mabaso families, who are also in control of the movable assets.

4. Yes, on 27 May 2013, when the farm was handed over from the curator to the Department, all movable assets were accounted for and are still on the farm except for one vehicle that was taken for repairs by the previous caretaker and has not been returned to the farm. The latest inspection was done on 24 August 2016 and all assets were accounted for. The Department will institute legal action against the caretaker for the vehicle since negotiations for the return of the vehicle have failed. The assets are available for inspection on the farm.

5. No movable assets were sold except for cattle to continue operations on the farm. The amount received was R443 825.82 paid over to the curator.

Reply:

(1) (a)The company referred to in the question was never appointed by the Department of Rural Development and Land Reform, but was sub-contracted to a company called Adamophix which was contracted to the Department of Trade and Industry (DTI) to develop a business plan for an Agro-Processing project of the Umsinga Vegetable Production Cooperative.

  (b) Falls away.

(2),(3),(4)(5) Falls away.

Reply:

No.

(a) Falls away.

 (b) In 2009, the Department of Rural Development and Land Reform (DRDLR) took a decision to conceptualise and implement the Recapitalization and Development Programme (RADP) as an all-encompassing and concerted effort to ensure productivity and food security. The programme provides comprehensive support to farmers which include:

• infrastructure development;
• acquisition of production inputs;
• machinery and implements; and
• introduction of strategic partners to ensure that farmers are linked to markets and skills transfer.

RADP targets restitution and redistribution projects acquired since 1994.

Reply:

(1) After reading questions NA 2598 and NA 2599, having answered NA 2597, 2016, on the same matter, the Minister ordered an investigation into the matter (see Ministerial note below). As soon as he receives the report the Minister will respond to the said questions.

MINISTERIAL NOTE: I need a full investigation on this matter. It cannot be that a Member of Parliament (MP) would ask three separate questions on the same matter, without there being a good reason for it.

Reply:

(1) After reading questions NA 2598 and NA 2599, having answered NA 2597, 2016, on the same matter, the Minister ordered an investigation into the matter (see Ministerial note below). As soon as he receives the report the Minister will respond to the said questions.

MINISTERIAL NOTE: I need a full investigation on this matter. It cannot be that a Member of Parliament (MP) would ask three separate questions on the same matter, without there being a good reason for it.

Reply:

Whether any forensic reports for the period 1 JAN 2009 to 31 OCT 2016

(a) (i) Department: Internal Forensic Reports: 102

(b) (i) Department: External Forensic Reports: 12 as provided by Service Providers

appointed by the Department

(a) (ii) Entity: Internal Forensic Reports: 0

(b) (ii) Entity: External Forensic Reports: 0

The abovementioned figures exclude forensic investigations referred to the Special Investigating Unit by the Department. Those are work-in-progress..

(aa), (bb), (cc) Please refer to Annexure A.

Reply:

(1) Currently there are two families of labour tenants that are occupying the farm houses namely, Mtshali and Mabaso families.

(2) (a), (b),(c) No, since the farm was returned to the state no members of the Sewpersad, Armmarchand, Roshen and/or Nersha families have benefited in any way.

(i),(ii) Falls away.

(3) (a) Total cost to the Department was R36 999 732.82

(b) Purchase price for land: R27 244 556.00

Total livestock cost: R6 136 400.00

Agricultural implements: R574 500.00

Developmental costs: R2 500 000.00

Conveyancing costs: R100 451.00

Assets Forfeiture Unit costs: R443 825.82

Reply:

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

	2015-2016
(a) (i)	Africa News Network 7	R 0.00
(a) (ii)	SABC TV and Radio	R4 449 777.80
(a) (bb)	SABC Radio	R 2 998 792.80
(a)(aa)	SABC TV	R 1 450 985.00
(a)(iii)	Commercial Radio	R 1 593 609.00
(a)(iv)	Community Media	R1 929 478
(a)(iv) (bb)	Community Radio	R 1 290 000.00
(a)(iv) (aa)	Community TV	R 639 478.00
(a)(aaa)	Grand Total	R 7 972 864.80
	April - August 2016
(a)(i)	Africa News Network 7	R 0.00
(a)(ii)	SABC TV and Radio	R1 303 173.90
(a)(ii) (bb)	SABC Radio	R 1 303 173.90
(a)(ii) (aa)	SABC TV	R 0.00
(a)(iii)	Commercial Radio	R 206 842.00
(a)(iv)	Community Media	R 440 520
(a)(iv) (bb)	Community Radio	R 440 520.00
(a)(iv) (aa)	Community TV	R 0.00
(a)​(bbb)	Grand Total	R 1 950 535.90

Reply:

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

1. The Director-General is the Head of the Department and has signed a performance agreement, annually, since his appointment in the department. Therefore questions (1)(a),(1)(b),(1)(c) and (1)(d)(i)-(ii) are not applicable.
2. Pursuant to the response to question 1 above, questions (2)(a) and (2b) are not applicable
3. No. the Director-General did not receive a bonus since his appointment as the Director - General in the Department of Rural Development and Land Reform. Therefore questions (3)( a) and (3)(b) are not applicable

Reply:

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

NAME	POSITION	QUALIFICATIONS
Mr. PM Shabane	Director-General: DRDLR	National Diploma in Public Management and Administration Professional Certificate in Public Management
Ms. R. Sadiki	Chief Financial Officer	Bachelor of Commerce Hons. Bachelor of Accounting Science Post-Graduate Diploma in Applied Accounting Sciences Certificate in the Theory of Accountancy

Reply:

1. (a) The National Rural Youth Service Corps (NARYSEC) is a programme within the Department of Rural Development and Land Reform (DRDLR) and is funded through voted funds.

(b) Two years.

2. Yes.

(a) (i) Ehlanzeni TVET College.

(ii) Ehlanzeni TVET College.

(b) Please refer to the table below. Training of NARYSEC participants is not done through the procurement tender system. The DRDLR entered into a course specific contract for each skills programme with the Ehlanzeni TVET College. The value of each skills training is as follows:

	PROGRAMME	START	END DATE	NUMBER	TRAINING COSTS
1	NC: Engineering Fabrication NQFL2	09/10/2015	31/10/2016	13	R279 500.00
2	NC: Animal Production NQFL 4	01/07/2015	30/06/2016	19	R435 100.00
3	NC: Plant Production NQFL4	01/07/2016	30/06/2016	27	R618 300.00
4	NC: Professional Cookery NQFL4	01/07/2016	30/06/2016	14	R375 200.00
5	NC: Community Water and Sanitation NQFL4	15/01/2015	31/01/2017	26	R780 000.00
6	NC: Auto Motive Repair NQFL2	15/01/2016	31/01/2017	24	R432 000.00
7	NC: End-User Repair NQLF3	15/01/2016	31/01/2017	24	R 540 000.00
8	NC: Electrical Engineering NQFL2	15/01/2016	31/01/2017	24	R 480 000.00

Note: The amounts reflected above are for tuition costs only based on SETA rates. Participants arrange their own accommodation and are paid a separate allowance to cover expenses related to accommodation, meals and transport.

Reply:

The matter is still under investigation, response will be made available once it is finalised.

Reply:

(a) The Restitution Act requires that a determination be made on whether an amount, if any, or any other consideration received in respect of dispossession is just and equitably calculated in the manner determined in section 25 (3) of the Constitution. In order to do so, a valuation of the actual right in land that the Claimant was dispossessed of, calculated at the time of dispossession is to be conducted, i.e. a historical valuation.

(b) Spectrum Valuation Services was appointed by the Commission to conduct valuations. It was required to determine the market value of the right in land that the Claimant was dispossessed of, as at the time of dispossession.

Once the market value had been determined, Spectrum Valuation applied the factors listed in s 25(3) of the Constitution, as may be applicable, as at the date of dispossession, which will lead to an upward or downward adjustment. The end result was just and equitable compensation for the right in land, the Claimant was dispossessed of, that should have been paid at the time of dispossession.

Since there were improvements belonging to the Claimants, at the time of dispossession, and the value of those improvements could not be determined as part of determining market value, an amount equal to the Housing Subsidy was paid to the claimants as financial compensation.

The determination was done as depicted in the table below:

CLAIM NAME	HISTORICAL LAND VALUE	HOUSING SUBSIDY QUANTUM	TOTAL
Mahashi Community	R 9 095 348.88	R110, 947 x 191 households	R21 190 877.00
Mhlanganisweni Community	R29 899 344.44	R110, 947 x 116 households	R12 869 852.00
Ngirivani Mathebula Community	R37 237 055.55	R110, 947 x 136 households	R15 088 792.00
Madonsi/Nwadzekudzeku Community	R48574 382.53	R110,947.00 x 135 households	R14 977 845.00
Ndindani Community	R30 358 451.13	R110,947.00 x 52 households	R 5 769 244.00
Muyexe Community	R39 095 099.30	R110,947.00 x 128 households	R14 201 216.00
Total	R194 259 681.83	758 households	R84 097 826.00

Reply:

Lists of households as beneficiaries are attached as Annexures as follows:

(a) Annexure A: A total of 408 households

(b) Annexure B: A total of 960 households

(c) (i) Annexure C: A total of 136 households

(ii) Annexure D: A total of 116 households

(iii) Annexure E: A total of 191 households

(iv) Annexure F: A total of 135 households

(v) Annexure G: A total of 52 households

(vi) Annexure H: A total of 128 households

Reply:

(a) The beneficiary is a person, an estate, a direct descendant or a community that was dispossessed of a right in land, after 19 June 1913, as a result of past racially discriminatory laws or practices, who had lodged a claim within the timeframes provided for in the Restitution of Land Rights Act, 1994, and who was not paid compensation that is just and equitable at the time of dispossession. Where a claim is for a community, the beneficiary is a member of that community that was dispossessed together with other community members or their direct descendants.

(b) Through household verification. This process entails a determination of the members of the claimant community, i.e. households that were dispossessed of a right in land as a result of past racially discriminatory laws or practices. The Commission conducts meetings with the claimant households and collect information of dispossession through verification forms, and drawing of family trees to depict direct descendants in terms of family genealogy. The verified households would then become beneficiaries of the claim.

2. No service providers were appointed to carry out the task of verifying the beneficiaries. This task was completed by the officials of the Commission on Restitution of Land Rights.

3. The monies paid out to claimants as financial compensation in full and final settlement is as follows:

  (a) Financial compensation: R 84 097 826.00, which is currently being paid to beneficiaries; and

  (b) Development of sustainable projects: R194 259 681.83, which will be paid once community approved business plans have been finalised.

Reply:

1. (a) No, 1537 land claims lodged not later than 31 December 1998 are outstanding;

      (i) 35

      (ii) None

      (iii) (aa) 5

           (bb) 1

(b) Timeframes are determined by the Courts.

(c) 5

2. (a) 774

(b) The sale agreements were entered into on different dates. To determine the exact date of the signing of the sale agreement will deviate the Commission from its core mandate of settlement of claims.

(c) In all land acquisition agreements, a deposit of the purchase price is paid within 30 days of signature. The balance thereof is paid within 10 days after registration of transfer. 3 agreements currently awaiting payment of the balance pending registration of transfer.

(d) R3 885 127 082.16

Reply:

1. Yes.

(a),(b),(c) The Department visited the Bedford area to assess the situation and it was resolved that the Office of the Surveyor General would visit the farm with the allocated beneficiaries to identify the allocated portions. The surveyor visited the farm on the 8-10 June 2016.

2. No. The allocation to NARYSEC beneficiaries was processed through the relevant approval committees and they were confirmed as deserving beneficiaries based on their training in agricultural activities amongst other things.

 

Reply:

Department of Rural Development and Land Reform

(a)(i),(ii) Yes.

(b) Not applicable.

(aa) Enterprises (small businesses and cooperatives) are supported with training and capacity building programmes for leadership, governance and business management. Agricultural enterprises and non agricultural enterprises are supported in terms of business plans developed. Support is provided for various activities business planning, feasibility studies, agro-processing, production, market access, arts and crafts, textile industry support, brick making and other financial and non financial assistance.

(bb) R390 million has been budgeted.

(cc) It is envisaged that 2540 jobs will be created.

Ingonyama Trust Board

(b)(i) No.

(b)(ii) Yes

(aa) To provide support to beneficiary communities to improve food security by crop production – under the Rural Development programme of the Trust.

(bb) R 9m for 2016/2017.

(cc) Community members are utilised on an adhoc basis for the construction of certain infrastructure and operations of the projects.

Reply:

(a)(i),(ii),(b)(i)(ii) Please refer to the table below.

No	(i) Department	(ii) Entities
		Commission	Ingonyama Trust Board
(a) Spent 2015/2016	R22 253 497.98	19 808 488.45	382 921.00
(b) Budgeted 2016/2017	R17m	4 649 000.00	361 874.00

Reply:

1. (a)(i),(ii),(iii) No.

(b) No.

2. (a)(i),(ii),(iii) No.

(b) No.

Reply:

a) The township Lakeside comprises of various extensions which are registered in the name of Merbuild Proprietary Limited and the Gauteng Provincial Government. The Gauteng Provincial Government is registered owner of only Lakeside Extension 4 Township. The total number of erven/stands in the township is 10977 of which 10363 have, since 1 January 1996, been transferred by the township owners to various parties.

b) The number of erven that have been transferred by the township owners, and held by means of separate title deeds, to date is 10363.

c) The number of erven still held by the township owners under various township title deeds is 614.

d) The Department of Rural Development and Land Reform is not in a position to know when the township owners will transfer the remaining erven, as it is the prerogative of the township owners to transfer erven still held under various township title deeds.

Reply:

No, the Department of Rural Development is not involved in the Canola oil production project in Alexandria in the Eastern Cape.

(a) and (b) falls away.

Reply:

(1) No.

(a);(b);(c) and (d) Falls away.

(2) (a),(b) and (c) No.

(i),(ii),(iii) and (iv) Falls away.

Reply:

(1) Yes.

(a) A forensic investigation is currently being conducted.

(b) The process is expected to be completed by 30 June 2016.

(2) Falls away.

Reply:

No arrests have been effected in respect of persons who illegally transferred large tracts of land to unknown persons prior to 1994 as there are no recorded instances of such allegations and/or investigations.

Reply:

(a) and (b) (i) (aa),(bb) and (cc) and/or (ii) (aa) or (bb)-No.

(aaa),(bbb)(aaaa) and (bbbb) and (ccc)-Falls away.

Reply:

No claim was received from Khoi community on Caledon Botanical Garden.

 

Reply:

 

1. As at 27 March 2016 there are no claims lodged against the above property.
2. Falls away.
3. Falls away.
4. Falls away.