Questions and Replies

Reply:

(a) Settlement of the specified claims is projected for Quarter 4 of 2016/2017 financial year. Finalization of the claims will dependent on all identified beneficiaries receiving restitution as per the settlement agreements.

(b) As at 15 March 2016, 853 claims are outstanding.

(c) All claims lodged before the cut-off date of 31 December 1998 will be researched by not later than 31 March 2017 as per the Strategic Plan and Annual Performance Plan submitted to Parliament during 2015. Outstanding claims are all at different restitution phases, and will be finalized once all restitution phases have been completed.

Reply:

(1) No. The Department of Rural Development and Land Reform is currently in the process of finalising the land audit report.

• 1. Falls away.

• 1. Once it is tabled or presented to Cabinet.

(2) (a) Yes.

1. No. The report will contain the country of origin of land owners.

1. Yes. Country of origin and gender were sourced from the population register and the race from Statistics South Africa.

Reply:

(1) Yes, the details are as follows:

• Negative impact on sustainable livelihoods due to livestock death and lower crop yield;
• Environmental degradation (topsoil loss, drying of dams, no grazing land and difficult rehabilitation);
• Reduction in income;
• Threatened food security;
• High risk of animal diseases spreading;
• Low water dams levels expected to take 3-5 years to recover;
• Water restrictions and penalties on over usage of water will also have a negative impact on livestock, crops and humans, in terms of accessibility and financial implications.

(2) Yes.

(a) More than 1049 land reform farms were visited and assessments were conducted by the provincial offices of Rural Development and Land Reform and the provincial offices responsible for agriculture.

(b) Based on the farms assessed to date, findings include the following:

• Limited drinking water for human and livestock consumption;
• Limited crop yield;
• Overgrazed areas and dry land;
• In some areas there is a high fuel load posing a risk of veld fires;
• Livestock loss;
• Need for more infrastructure upgrades or establishment to be used for providing feed requirements (cattle handling facilities, feed mills and feedlots);
• Unavailability of land for relocation of livestock in KwaZulu-Natal (KZN) and Free State (FS).

The above-mentioned findings are being addressed through the following interventions:

• 4100km of fire breaks to be created through grading for 260 farms in Free State and Mpumalanga Provinces (MP), a total of 3400 km is already completed.
• Communication and awareness campaigns were conducted in conjunction with the National Disaster Management Centre (NDMC) in KZN.
• Feedlots in KZN, MP and North West (NW) are being repaired and upgraded. In KZN the areas are: Tangeni, Manyiseni, Jozini, Umhlabawalengana and Bambanana. In MP the areas are Middelton, Mjindi and a 6000 ha PLAS farm in Gert Sibande District has been identified. In NW a feedlot has been upgraded at Bojanala District, a feed mill expansion in Rustkraal farm, and a fodder bank creation under Taung irrigation scheme is underway.
• The NW Province has state land in the Dr Ruth Mompadi District used by communal farmers and can produce 50 000 weaners per year. There will be no relocation of livestock but the 150 farmers will be producing 30 000 tons of livestock feed under 1500 ha irrigated of the 3 500ha Taung irrigation scheme to support these animals. A fodder bank will be established and feed to the value of R14, 5 million will be purchased for these farmers. Communal farmers will have an opportunity to take their cattle for backgrounding and then selling to the auction.
• Provision of fencing and animal handling facilities: 9km fencing has been completed at Driekoppies and Mount Sheba in MP;
• Auction sales support in Free State (FS),KZN, Limpopo (LP) and MP;
• 251 projects for the drilling and equipping of boreholes are being implemented in FS, KZN, LP, MP and NW.
• Provision of animal feed;
• Planting of fodder and lucerne under irrigation schemes in KZN (Ndumo & Nsuze) and NW (Taung);
• Financial support to land reform lessee sugarcane farmers; and.
• Financial support to proactive land acquisition strategy grants recipients, land redistribution for agricultural development, restitution and communal and state-land beneficiaries.

DRDLR is working together with other relevant departments to avoid duplication of efforts, coordinated by NDMC.

Reply:

Yes.

(a),(b),(c),(d),(e) The Performance Management Framework for Ministers is the Medium Term Strategic Framework (MTSF) for 2014-2019, which is the first five year implementation plan of the National Development Plan (NDP) 2030. The performance indicators and targets are reflected in the Annual Performance Plans (APPs).  APPs form the basis upon which Departments are held accountable by Parliament on a quarterly basis and also held accountable by the public. The performance agreement of the Minister is therefore publicly assessed through the Portfolio Committees on a regular basis. 

In addition, the Public Finance Management Act (PFMA), 1999 compels all Executing Authorities to subject their departmental expenditure to the Auditor General for auditing. This again is a measure that ensures full accountability in respect of public funds. Furthermore, Cabinet closely monitors the implementation of the National Development Plan (NDP) 2030 and MTSF 2014-2019 through the Programme of Action (POA) reports. These reports are tabled before an implementation forum of a cluster of Ministers collectively responsible for MTSF outcomes, and then submitted to Cabinet where progress is noted, bottlenecks to implementation are dicussed, and recommendations to address bottlenecks are considered and approved.

Reply:

No.

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

Reply:

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

Reply:

(1) No.

(a)(i)(ii)(b)(c) Falls away.

(2) Falls away.

(3) There is no departmental policy in this regard. However, at time , circumstances may arise necessitating such action, for example in instances of conflict within claimant communities while the claim is being finalised, the land owner may be requested to act as a caretaker on the land, pending finalisation of the claim.

Reply:

(a),(b) This matter does not fall within the mandate of the Department of Rural Development and Land Reform. It is therefore requested that the question be redirected to the relevant Portfolio.

Reply:

NATIONAL ASSEMBLY

WRITTEN REPLY

QUESTION 3913

INTERNAL QUESTION PAPER [No 48-2015 FIFTH PARLIAMENT]
DATE OF PUBLICATION:  6 NOVEMBER 2015

3913. Inkosi R N Cebekhulu (IFP) to ask the Minister of Rural Development and Land Reform:

1. How many (a) neglected and (b) attended farms have benefited from the current Proactive Land Acquisition Strategy programme in each of the provinces;
2. whether his department has any programmes in place to fast-track land reform; if not; why not, if so; what are the relevant details? NW4770E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1)

(2) Yes. Apart from the Proactive Land Acquisition Strategy (PLAS) that is currently in place, the Office of the Valuer-General (OVG) was established in terms of the Property Valuation Act, 2014 and aims to address factors such as inconsistencies with land valuations, and the determination of compensation as provided in section 25(3) of the Constitution of the Republic of South Africa, 1996. The OVG will provide a compulsory valuation service in respect of property identified for land reform, amongst others, and a regulatory service which will entail setting criteria and procedures for valuation as well as monitoring valuations for compliance. The Department is also in the process of implementing the Policy on Strengthening Relative Rights Of People Working the Land (50/50 Policy Framework). Other programmes include the Recapitalisation and Development Programme, various tenure related reform programmes and the One Household One Hactare Progrmme. Furthermore the Department has established District Land Reform Committees (DLRCs) in all forty four (44) district municipalities. The DLRCs are composed of role players with specific skills to expedite land reform processes.

Reply:

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

1. This project is currently being re-evaluated by thDRDLR and will be re-designed in line with the Agri-Parks model. Once this process has been completed, the DRDLR will supply project related information.
2. Falls away.

Reply:

(1) (a) This project is currently being re-evaluated by the DRDLR and will be re-designed in line with the Agri-Parks model. Once this process has been completed, the DRDLR will supply project related information.

(b) Falls away.,

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

Reply:

(1) This project is currently being re-evaluated by the DRDLR and will be re-designed in line with the Agri-Parks model. Once this process has been completed, the DRDLR will supply project related information.

(2),(3), (4) and (5) falls away

Reply:

1. This project is currently being re-evaluated by thDRDLR and will be re-designed in line with the Agri-Parks model. Once this process has been completed, the DRDLR will supply project related information.
2. , (3) and (4) Falls away.

Reply:

(1) The Bill is currently before Parliament.

(2), (3) and (4) Falls away

Reply:

1. (a) To date the Department has paid an amount of R3 786 912.00 in rental. The amount is cumulative and it’s the rental being paid to the land owner since the judgment.

(b) There was no agreement but compliance with the court order.

2. Yes.

3. (a) None.

(b) Falls away.

Reply:

(1) Minister G E Nkwinti:

(a) (i) R1 946 535.21

(ii) 28

(2) Deputy Minister Mashego-Dlamini:

1. (i) R948 658.96

(ii) 23

Deputy Minister Skwatsha:

1. (i) R731 594.70

(ii) 30

Reply:

1. This matter does not fall within the mandate of the Department of Rural Development and Land Reform.

2. Not applicable.

Reply:

1. 35: 10 farms in terms of the Redistribution Programme and 25 farms in terms of the Restitution Programme.
2. The Department of Rural Development and Land Reform provides a range of support to emerging farmers through its Recapitalization and Development Programme (RADP); support includes infrastructure development, production inputs, machinery and equipment.
3. No.
4. No. Hunting does not fall within the scope of the Department’s portfolio. Information regarding such practices should however be directed to the relevant province or authority.
5. (a) Training and mentoring of communities with regard to game farm ranching is referred to the Limpopo Economic Development, Environment and Tourism Department ( LEDET ) since it is their area of specialty.

           (b) (i) 28 farms : 25 Restitution and 3 Redistribution.

          (ii) 25 farms restored in terms of the Restitution Programme were purchased as game farms and are still used as game farms. The remaining 10      farms are currently operated as livestock farms.

Reply:

(1)(a) Relevant legal experience and expertise, knowledge of the regulatory framework governing land reform, representivity (race, gender, and disability), administrative infrastructure and support capacity, national spread, attendance of training, language skills, BEE status of the law firm, community involvement, professional conduct and registration with relevant Law Society and Fidelity Fund.

(b) Panellists submit monthly progress reports; bi-monthly meetings are held between the managing law firm and the Department; provincial reviews held with panellists; managing firm and Departmental officials; LRMF management information system (monitoring and evaluation of each matter) is in place; review of panellist invoices in line with the LRMF fee tariff and monthly review of panellist.

(c) Interviews using questionnaires and farm visits.

(d) None.

(e), (f) Unknown. The Information Management System does not provide for details of this nature and would require scrutiny of each file. The system provides for significant milestones such as: Pending, Closed and, Finalised.

(2)(a),(b),(c) Apart from cost orders made by the Court, no offers were made to pay legal costs of landowners.

(i),(ii) Falls away.

(3)(a) 5

(b) R293 077.89

Reply:

(1)(a) None.

(b),(c),(i),(ii) Falls away.

(2) The department of Rural Development and Land Reform established the Land Rights Management Facility which among other things mediates conflicts in Communal Property Associations.

(3) No. The option to decide on the type of legal entity that must hold land for each community has always been the sole prerogative of that community.

Reply:

(1) 28 farms

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

Reply:

(1) (a) R11 061 519.27

(b) 2006

(2) (a) R6 727 497.66

(b) R3 051 216.16

Reply:

The final Regulations to the Spatial Planning and Land Use Management Act, 2013 were gazetted on 23 March 2015 as per Regulation Gazette Notice No 10397. As required in terms of Regulation 37, the commencement date for the regulations will be published in the government gazette.

Reply:

(1) (a) Yes.

(b) 1145

(c) R57 284.34

(d) (i) 134

(ii) 0

(2)(a),(b) If persons do not meet the definition of the relevant legislation and or if they fall outside the qualifying threshold of R5000.00 gross income in terms of ESTA Regulations or a Means Test.

(3) Same response as Question 2 above.

(4) Yes.

 (a) Same response as in Question 2 above.

 (b) The Department relies on the judgement of Nkuzi Development Association and the Government of the Republic of South Africa.

(5) No.

Reply:

Through district offices, the Department of Rural Development and Land Reform (DRDLR) on receipt of such notifications always attempts to negotiate a settlement using internal capacity by calling upon affected parties and stakeholders such as relevant Municipalities to find a solution. If these internal interventions fail, external assistance through the Land Rights Management Facility is sought either for further mediation and or litigation. Depending on the outcome, DRDLR may negotiate an on or off farm settlement for occupiers in terms of section 4 of the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997).

Reply:

(1)(a),(b),(2)(a),(b) The required information is not immediately available in the categories requested. However the Department of Rural Development and Land Reform is collating the information from its database and travel agents and will submit the requested information by 30 September 2015.

Reply:

(a) Further clarity is required on what is meant with the term ”empowerment farms”. The question will be answered in full on receipt of such clarity.

(b),(c),(d) and (e) falls away.

Reply:

(a) Yes,

(b) No,

(c) Yes.

(i)  The purposes of the visits were to share experiences and international best practice in the functional areas of land reform and rural development, as well as skills development for youth in business.

(ii) (aa) Total: R4 019168.25

(bb)

• Visit 1: To the People’s Republic of China from 27 October to 01 November 2014: R263 089.25
• Visit 2 : ( 24 October – 02 November 2014) : 42 member deligation including 10 officials : R1 109 570
• Visit 3 ( 22 March – 06 April 2014 ) 52 member deligation including 11 officials : R1 356 849
• Visit 4 : ( 22 August—07 September 2014 ) 42 -member delegation including 11 officials: R1 289 660

Reply:

(1)(a) Agri-SA and the Agri-Sector Unity Forum (ASUF). However, the positions of Agri-SA and Transvaal Agricultural Union of South Africa (TAUSA) vacillated, particularly at the September 2014 Land Tenure Summit.

(b) The advice of all stakeholders, whether for or against the proposal, was taken into consideration.

(c) Please refer to Annexures A and B for copies of comments received from Agri-SA and ASUF.

(2)(a) The African Farmers Association of South Africa (AFASA) supported the ceilings proposals subject to certain conditions. The conditional support by AgBiz and TAUSA representatives was that, if implemented, the policy on ceilings should:

- Consider the technical determinants for each district;

- Consider a sliding scale of floors and ceilings, depending on the circumstance of each district;

- Be coordinated at district level through the District Land Committees; and

- Initially target the large land holders.

(b) Yes. Please refer to Annexures C, 5 and E for AFASA's, and AgBiz's submissions as

well as the Summit Report, with reference to:

- Page 6 - 13 on stakeholder inputs;

- Pages 20 and 25 - 27 on Commission 4 that address ceilings as well as final recommendations on the matter; and

- The AFASA proposals are further outlined in Section F on page 27.

Attached find here: Annexure A of NA-QUES 2132 of 2015
Annexure B of NA-QUES 2132 of 2015

Reply:

Yes. The Spatial Planning and Land Use Management Act, 2013 (Act No 16 of 2013) and its regulations have taken due consideration of the Constitutional Court Judgment, CCT 117/13, and confirms the municipality as a decision making authority of first instance.    

The Department of Rural Development and Land Reform, through its various deeds registries, assists in the process of registering title in respect of RDP housing by expediting the registration of RDP Housing related deeds. This is done upon request to the  Registrar of Deeds by the relevant sphere of government which is the registered owner of the land in respect of which a township register has been opened.

Reply:

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

Reply:

(a)(i),(ii),(aa),(bb),(cc),(dd) No research was conducted; however the selection of few pilot sites is intended to establish the feasibility of the implementation of the policy based on the problems and challenges of tenure insecurity of people working the land. The pilots will be carefully selected using the set criteria and the participation of stakeholders. The sites will be monitored in order to draw lessons for further improvements or changes to the policy.

Reply:

(a)(i),(ii) Yes. Please refer to Annexures A and B.

1. Please refer to Annexure C.

Reply:

(1)(a),(i),(ii) Agri South Africa, BASA/Agbiz, Sugar Association of South Africa, amongst others objected to the implementation of the 50/50 policy raising issues of co management, common visioning, and skills amongst communities and further stated that the policy should not be mandatory or binding but voluntary.

(b) All submissions are being considered in current consultations and alternative options to improve the policy are under discussion.

(c) Please refer to Annexure A for the AFASA submission.

(2)(a),(i),(ii) AFASA stated they will support the policy on condition that a farm has a turnover of R50 million. NGOs working on land also support the policy but did not provide written submissions.

(b) Please refer to Annexure B. All parties and stakeholders who are participating in consultations have embraced the principle of strengthening the rights of people who have contributed to the growth of the farming sector realising also the need of creating stability in the sector. Stakeholders went further to put options and suggestions on how to make the proposal workable. Consultations are still on going and there are many areas of convergence. It has been agreed with all stakeholders to select a few pilot sites for learning purposes and if the proposal does not work, it will be reviewed. Stakeholders are from organised agriculture, commodity organisations and NGOs.

Reply:

(a)(b)(i),(ii),(iii),(iv) Yes. A study called “A Comprehensive Assessment of Land Ceilings in Selected Countries and Lessons for South Africa`s Proposed Reforms - Freehold with Limited Extent” (Professor Sam Kariuke 21 March 2012); and a study on “The Agricultural Economy of South Africa and the Implications of a Potential Land Ceilings Policy and Legislation on the Broader Economy” (Makennete, Schalkwyk et al). Please refer to Annexures A and B.

(c) Please refer to Annexure C.