Questions and Replies

Name

a) Suspended

(Yes/No)

b) Leave of Absence

(Yes/No)

(a)(i) Date of suspension

(a)(ii) Reasons for the suspension (type of misconduct)

(a)(iii) Duration of suspension

Chief Surveyor-General

Yes

No

11 May 2017

Possible interference

(irregularities in the handling of project)

38 months

(Commenced 11 May 2017 and still on suspension)

Chief Director Cadastral

Spatial Information

Yes

No

10 May 2017

Possible interference

(irregularities in the handling of project)

38 months

(Commenced 10 May 2017 and uplifted on 4 November 2019)

Name

Suspension with pay

(Yes/No)

Cost of suspension

Chief Surveyor-General

Yes

R2 693 663.7

Chief Director Cadastral Spatial Information

Yes

R1 217 265.70

MINISTEROF RURAL DEVELOPMENT AND LAND REFORM:2017/2018

No

Case details

(i) (aa)Status of implementation

(ii)(aa)Nature of court order

(ii)(bb)Nature of judgement

1

Zuiping-Dithabaneng Community Traditional Council // Minister of DRDLR,Title Adjustment Commissioner & Others

The designation of land and appointment of a Commissioner in terms of Act 111 of 1993 has been done and he is conducting a land rights enquiry in accordance with the Act.

The applicant required the appointment of the Commissioner in terms of Act 111 of 1993

On 26 February 2018, the Land Claims Court ordered that the Minister (3rd Respondent) is directed to appoint a Title Adjustment Commissioner in terms of section 3 of the Land Titles Adjustment Act 111 of 1993.

2

M. M. Rahube // Minister of Drdlr, H. Rahube & Others

The Upgrading of Land Tenure Amendment Bill was introduced to Parliament on 6 May 2020. Parliament has until 30 April 2021 to enact the amendments.

On 30 October 2018 he Constitutional Court ordered Parliament to introduce a procedure for the determination of the rights of ownership and occupation of land to cure the constitutional invalidity of section 2 (1) of the Upgrading of Land Tenure Rights Act 112 of 1991. Parliament was given until 30 April 2020.

Subsequent to the 2018 order, the Minister of Agriculture, Land Reform and Rural Development applied for and was granted an extension of the suspension of the Constitutional Court’s declaration of invalidity for a further twelve months until 30 April 2021.

The Court ordered the amendment of Upgrading of Land Tenure Rights Act 112 of 1991.

3

Felicity Audrey Stirling // Minister of Drdlr, The Registrar of Deeds: Pretoria

Orders complied with.

Full amount paid by the Branch Deeds Registration, of which an attempt will be made to recover 50% from the third respondent.

State Attorney requested to initiate recovery proceedings against third Respondent.

The Applicant was fraudulently deprived of her fixed property and brought an application for the cancellation of the fraudulent transfers, which was duly granted.

The Registrar of Deeds was found to be negligent in its transfer of the property and was ordered, jointly and severally with the third Respondent to pay the First Respondent R3 830 397.58 together with interest in lieu of damages and legal costs.

4

The Forum of Concerned Residents of the Naledi & Dr Ruth S Mompati Districts

// The Minister of Rural Development and Land Reform.

Subsequent to the settlement agreement reached by the parties, the Branch Deeds Registration embarked on a project to develop the Electronic Deeds Registration System, during which public consultation was undertaken.

Once the EDRS is ready to be implemented, the status quo in the Vryburg deeds registry can change.

Simultaneously, the Branch Deeds Registration intends opposing Part B of the application (to review and set aside the Minister’s decision to transfer the land parcels from Vryburg to Kimberley, to reduce the jurisdiction of the Vryburg deeds registry and to establish a deeds registry in Mahikeng).

Part B still pending.

As part of the alignment of the jurisdiction of deeds registries in South Africa, the Minister intended to transfer land parcels from the Vryburg deeds registry to the Kimberley deeds registry, as they are situated in the Northern Cape Province. The Applicants brought an urgent application on interdicting the Minister from transferring the property (Part A) and that Minister’s decision to transfer the afore-mentioned properties be reviewed and set aside.

The orders in respect of 1 and 2 above will remain in force pending the outcome of Part B of the Notice of Motion under the above case number.

The costs relating to Part A of the Notice of Motion are reserved for adjudication when Part B of the Notice of Motion is heard.

The parties agreed on the following settlement order:

That the status quo of the Vryburg deeds registry is to remain unchanged until such time as the electronic deeds registration system is ready to be implemented.

That sufficient public participation processes will precede the envisaged implementation of the electronic deeds registration system.

5

G Herbert No and 4 others vMinister of Rural Development and Land Reform and others

A wholistic amendment of the Upgrading of Land Tenure Rights 112 of 1991 will be undertaken in due course.

Legislation declared inconsistent with the Constitution of the Republic of South Africa: - Legislation: Land Affairs General Amendment Act 61 of 1998 read with s25 A of the Upgrading of Land Tenure Rights 112 of 1991

The Court ordered that section 25A is unconstitutional in so far as it does not extend the application of section 3 of the Act to the entire Republic.

The court ordered that section 25A from 22 August 2019 must be read as if it makes no reference to section 3 of the Act.

6

Hlalefo S Moshoeshoe v Minister of Rural Development and Land Reform and others

Conveyancers have been instructed and are currently busy with the transfer of the property

Transfer of property, as described, into the name of the Applicant and is responsible for all the fees and transfer costs and duties as may be applicable.

The court ordered the transfer of the property to the Applicant.

7

Patrick s Mpaka v KSD Municipality &Minister of Police &Minister of DRDLR

Not applicable

The Municipality sought to use a court order which was obtained in 2011 to effect evictions to illegal occupations which happened in 2017. The 2017 illegal occupants applied for an interdict in that the 2011 order did not apply to them.

Interdict was granted.

8

Alfred Shongwe / The Minister of Rural Development and Land Reform & Others

The Applicant has been relocated to portion 3 of the farm Vaalpoort, temporary houses were constructed for the family. The Department is in the process of transferring the subdivided portion of the farm to the Shongwe family

Mr Shongwe approached the Court for a declaratory order as a Labour Tenant and for the Department to provide him with a suitable accommodation.

Mr Shongwe was declared a Labour tenant and the Department was ordered to assist him in looking for, identifying and acquiring suitable land for him.

9

Mzayifane Hadebe & Others /Minister of RDLR & Others

The gravel road leading to the Hadebe settlement has been completed. Nine houses were about to be completed as the country went into lockdown. The fencing of the 250 hectares of land awarded to the Hadebes, preparation of arable and the transfer of land to them is ongoing.

Mr Hadebe approached the Court for an order to compel the Department to build his family a house, construct the road leading to his homestead and also for the Department to register a Communal Property Association for the benefit of his family.

The Court granted the prayers as requested by Mr Hadebe..

10

Asla Construction (Pty) Ltd Vs the Minister Of Rural Development And Land Reform & Exeo Khokela Civil Engineering Construction (Pty) Ltd.

The court order was implemented as directed and the tender was awarded to ASLA (Pty) Ltd.

This was an application for the review of the award of a tender in terms of the Promotion of Administrative Justice Act 3 of 2000 (PAJA)

The decision of the Department taken on or about 13/02/2018 to disqualify ASLA Pty. Ltd. and award the tender to EXEO KHOKELA (Pty) Ltd was reviewed and set aside. The Department was directed to award the tender to ASLA (Pty) Ltd within 30 days of the date of the order.

11

Minister of Rural Development and Land Reform v Public Servants Association obo JA George & others

Implemented.

Employees referred a dispute regarding their placement in terms of the Occupation Specific Dispensation to arbitration. Award was in their favour. Department took award on review. Department’s review application was dismissed, and arbitration award was implemented

Department’s review application was dismissed, with costs.

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES:2017/2018

12

ALCARI 406 CC vs The Minister and others

Implemented

This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter.

The Court ordered the Minister to finalize the Appeal.

13

Zonnebloem Coal vs The Minister

Implemented

This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter.

The Court ordered the Minister to finalize the Appeal.

14

Meister Cold Store (Pty) Ltd // The Minister

Implemented

This was an application to compel the Minister to take a decision on an application for certification of a cold storage.

Court ordered the Minister to take a decision on the Applicant’s application for certification of its cold storage.

15

B & B Properties (Pty) Ltd & others vs the Minister, Dr Mcdonald Gayakaya

Implemented

This was an application to review and set aside the decision of the Director: Animal Health to test the Buffalos.

The decision of the Director was reviewed and set aside.

16

Oluf Hendrik Erichsen N.O vs The Minister

Implemented

This was an application to compel the Minister to take a decision on application for export certification.

The Minister finalised the matter by granting the certificate.

17

Eurosemillas S.A vs The Minister

Implemented

This was an application to compel the Minister to instruct the Department to appoint a service provider who had been successful in the quote process.

The Applicant succeeded, and the Minister was ordered to instruct the department accordingly.

18

Viking vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

19

Hackey vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

20

Boloko vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

21

Lofty Du Bruyn N.O vs The Minister

Implemented

This was an application to compel the Minister to register a right of way over the farm.

The application was granted, and the Minister approved the registration of the servitude.

22

Nanaga Property vs The Minister

Implemented

This was an application to review and set aside the decision of delegated authority to remove 10 Milkwood trees.

The decision of the Minister was reviewed and set aside.

23

Xhalibile Kleinbooi Phindiso vs The Minister and others

Implemented

This was an application to compel the Minister to sell specified land to the Applicant and others.

The Court ordered the Minister to sell the land to the Applicant.

24

South African Veterinary Association vs Minister of Agriculture, the Speaker of the National Assembly and others

Implemented

This was an application to declare the amendment of the Medicine and related substances control act, 1995 (Act No.101 of 1995) unconstitutional.

The Amendment was declared unconstitutional.

25

Federated Meats (Pty) Ltd vs The Minister

Implemented

This was an application of semi-urgency requesting an order to declare that the Applicant is entitled to use any approved laboratory to meet the statutory and the regulatory obligation for the testing of imported meat.

The Court ordered that the Applicant can use any approved Laboratory.

26

Sofiline (Pty) Ltd vs The Minister.

Implemented

This was an application to review and set aside the decision of the Minister not to grant approval for the subdivision of agricultural land.

The Court ordered the Minister to grant the application for subdivision of land.

27

HL Hall & Sons Properties vs The Minister.

Implemented

This was an application to review and set aside the decision of the Minister.

The decision referred was back to the Minister for reconsideration.

28

TD Mashinini vs The Minister and others.

Implemented

The Applicant made an application to Court for an order to compel the Minister to transfer specified property to him.

The parties’ agreement for the transfer of the farm to the Applicant was made the order of the Court.

29

Maxrae Estates vs The Minister

Implemented

This was an application to compel the Minister to take a decision on the Appeal lodged for the subdivision of agricultural land.

The Court ordered the Minister to take a decision within sixty days (60).

30

Petrus Laubscher Coetzee & Others vs the Minister & Others

Implemented

This was an application to compel the Minister to transfer three portions of agricultural land into the names of the Applicants.

The Court ordered the Minister to transfer the three portions of land to the Applicants.

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: 2018/2019

No

Case details

(i) (aa)Status of implementation

(ii)(aa)Nature of court order

(ii)(bb)Nature of judgement

31

Bakgatla Ba Kgafela Communal Property Association // Minister of Drdlr

The implementation of the court order has been finalized.

The applicants were seeking an order that the DG assist them with the holding of the general meeting and the election of the new executive committee of the CPA.

The court ordered that the DG should take all necessary steps to assist the CPA to hold the Annual General Meeting and monitor the election of the new executive committee. The CPA appealed the judgment at the constitutional court. The constitutional court dismissed the appeal.

32

B Mwelase vs DG and Minister

The Special Master was appointed on 10 December 2019. On 29 May 2020, the Special Master submitted an implementation plan to the Land Claims Court and such a Plan is still being considered by the Land Claims Court.

The Mwelase matter comprised of two applications. The first application sought an order to compel the Director General to refer to the Land Claims Court 4 labour tenant applications; and the second application was a class action seeking an order to compel the Department to process labour tenant applications under the supervision of a Special Master.

The 4 labour tenant applications were referred to the Land Claims Court by the Director General in November 2013.

On the 8th December 2016, the Land Claims Court granted an order against the Department, a special master was appointed by the court to oversee compliance with Labour tenants Act by the Department. The Department lodged an application for leave to appeal with the Land Claims Court and such was granted on the 1st March 2017. The appeal was heard by the SCA on 13 March 2018 and the appeal was decided in favour of the Department on 17 August 2018. AFRA appealed to the Constitutional Court and on 20 August 2019, the court issued a judgment which re-instated the initial order of the Land Claims Court dated 8th December 2016.

33

Nieuco properties 1005 (Pty) Ltd// Minister of Drdlr

Nieuco Properties must still refer the case to the North Gauteng High Court for the determination of the quantum.

Veld fire claim instituted against the Department in terms of the National Veld and Forest Fire Act, Act 101 of 1998 where a private farm was damaged by veld fires that started on a state-owned farm.

The case was initially decided in favour of the Department by the North Gauteng High Court however, Nieuco Properties lodged an appeal which was heard by the SCA on 31 August 2018 and judgment delivered in favour of Nieuco Properties on 21 September 2018.

34

JM Tshabalala vs Minister & others

The property was transferred into the name of the beneficiary on 20 March 2020.

The applicants were seeking an order that the Minister and DG should acquire land on behalf of labour tenants and a just and equitable compensation to be paid to the landowner.

The Land surveyor appointed by the Department was to conduct an inspection in loco to ascertain the correctness of the fencing around the portion to be acquired; the conveyancers appointed were to proceed with the transfer of the portion upon receipt of guarantees from the Department.

35

Pretoria Attorneys Association & 12 others //

The Minister of Rural Development and Land Reform & 4 others

The Branch duly complied with the settlement agreement.

Minister subsequently halted / terminated this process, following a legal opinion to the effect that the process followed may have been flawed.

Minister instructed that the re-alignment process be re-initiated, in accordance with all applicable legal strictures (including the provisions of PAJA).

The Minister, through a Public Notice expressed his intention to align the jurisdiction of the Deeds registries in the Gauteng province (Johannesburg and Pretoria) according to metropolitan municipal boundaries.

The Applicants objected thereto, stating that the Minister failed to conduct a public consultation process as enjoined by PAJA and prayed that the Minister be interdicted from implementing the decision to align the areas of jurisdiction of the afore-mentioned deeds registries.

The parties agreed that the Minister will not proceed with the alignment initiative in the Gauteng province until the Minister takes the decision to align the deeds registries in Gauteng in accordance with the prescripts of PAJA.

36

Neels van Tonder Trust vs Minister of Drdlr, Mogabule (LCC04/2018)

Not applicable. It was found that Mr Magabole already had alternative accommodation.

The applicant Mr. Van Tonder applied for eviction order against Mr. Magabole and his family.

Eviction Order was made on 28/05/2018. The Department was ordered to provide alternative accommodation to Mr. Mogabodi in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

37

Roodepoort Grondeienaarsvereeniging vs Minister of Drdlr, Roodepoort 63 Community (642/17 and 643/17)

The Department is in the process of complying with the court order in consultation with the City of Tshwane.

The applicant Rooderpoort Grondeinaarsvereening applied for an order to compel the City of Tshwane to evict the occupiers who has established a squatter camp in the City property which is adjacent to the applicant’s properties.

The High Court Granted the Order but the respondents took the matter on appeal and the decision of the High Court was overturned.

On appeal Decision, the Supreme Court ordered the Minister to prepare and file a report with the High Court on the Department`s ability to provide the alternative accommodation as provided for in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

The Department was ordered to submit a report to the High Court on its ability to provide alternative accommodation as per its mandate in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

38

Hlaniki Trust vs Minister of Drdlr, Daniel Sibanyoni (LCC59/2018)

The Department complied with the court order.

Hlaniki Trust applied for an eviction order against Mr. Sibanyoni who is an occupier.

During the Preceding the Land Claims Court issued a directive order, ordering the Minister to submit a report on the Department’s ability to provide alternative accommodation in case of eviction.

Department was ordered to submit a report on ability to provide alternative accommodation in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

39

Hupp Properties vs Moneni (308/2017)// Minister of Drdlr & others

The matter was heard, and eviction granted. Mr Moneni moved into his RDP house.

Hupp Properties applied for the eviction of the occupier Mr. Moneni and his family.

The eviction order was granted against Mr Moneni and his family and the Minister was ordered to provide alternative accommodation for Mr. Moneni in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

40

Land and Agricultural Bank

V Cpad Holdings Pty Ltd, Alfred Mde, Minister of Drdlr and 4 Others

The Department has appointed a valuer to determine the value of the property so that it can satisfy the debt to Land Bank whilst retaining the property for purposes of Land Reform.

The Land Bank approached the court to vary a Forfeiture Order, which sought to transfer the property to the Department. This order was to include the protection of their interests as bondholders.

The court granted the inclusion of the protection of the interests of the bondholders in the Forfeiture Order.

41

Anjucel & Another v Minister of Drdlr, Shadrack Bhekanini Ntshingila NO & others (Case no LCC 25/2019)

The Province is implementing the order. Approval for the acquisition of land in favour of the affected labour tenants is underway. A deed of sale has been signed and registration and transfer is due to occur soon.

The order is being observed in its entirety.

Draft order made an order of court.

Sharack Bhekanini (2nd resp) awarded a piece of farm Bloemhoek and registered in deeds office;

42

Makgari CPA vs Minister of Drdlr, case number 5158/2018

Implementation is in progress

Matter received on 31 August 2018. Applicant, Makgari approached court, for the court to give a mandatory order directing the Department and Minister to register the applicant's CPA within 45 court days of the granting of the order.

The Minister was ordered to register the CPA within 45 days of granting the court order.

Further to effect a Title Deed rectification to reflect the CPA as the owner of the farm registered as “The Farm Louissenthal 366, Registration Division Mr, Limpopo Province, 2346, 5022 Hectares” within 14 days of the registration of the constitution of Makgari Communal Property Association

43

M D Rakgase vs Minister of DRDLR case number 33497/2018

The land was sold to Mr Rakgase and transfer is under way.

Matter received on 13 June 2018. Mr Rakgase applied to the High Court to review the Minister's decision of refusing to sell to him Portions 0 (remaining extent and 1 of the Farm Nooitgedacht 11 JQ

The Minister was ordered to sell and transfer the farm to Mr Rakgase.

44

JC Prinsloo / The Minister of DRDLR & Others LCC 177/16

The farm was acquired and is currently registered in the name of the State.

State ordered to acquire portion 27 of the farm Welgekozen

Default judgment was obtained against the Minister

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: 2018/2019

45

Willjaro vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of an agreement entered into. To process confiscated abalone on behalf of DAFF

The agreement between The Minister and Willjaro was reviewed and set aside

46

Visko vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl sector was reviewed and set aside.

47

WWF vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Delegated Authority in terms of Section 14 of the MLRA to increase the allowable Total Allowable Catch (TAC) in the West Coast Rock Lobster sector

The decision of the delegated authority in terms of section 14 of the MLRA to increase the allowable Total Allowance Catch in the West Coast Rock Lobster sector was reviewed and set aside.

MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: 2019/2020

No.

(b) Case details

(i),(ii)Status of implementation

1. Nature of court order

1. Nature of judgement

48

Ga-Segonyana Local Municipality vs Minister of DRDLR

Payment made by the Department

A claim for outstanding property rates and taxes in the amount of R4 073 621.00.

A default judgment obtained against the Department.

49

Excellent Meat International Trading vs The Minister and Others

Implemented

This was an application to review and set aside the decision of the Minister not to accept the Applicant’s consignment as being compliant with the permit condition contained in the permit.

The court reviewed and set aside the Minister’s decision.

50

Red Meat Industry Forum vs The Minister and Others

Implemented

This was an application to review and set aside the Minister’s decision to impose new tariffs, rates and scale for services, goods and supplies provided by the Department. The Department did not notify the industry of the new tariffs regarding importing and exporting of meat.

The Court reviewed and set aside the Minister’s decision.

51

PVM Nutritional Sciences vs The Minister.

Implemented

This was an application to compel the Minister to issue an export permit for goods sent to the United States of America and kept at the port of entry due to the fact that the Applicant did not have an export permit.

The Court ordered that the Applicant need not to register as a dairy export facility and need not comply with the standards of the VPN 20/2010-01.

52

PJ van der Walt N.O vs The Minister and Others.

Awaiting implementation. The Minister is reconsidering the matter.

This was an application to review and set aside the decision of the Minister to uphold the decision of the Delegate of the Minister not to grant consent to subdivide agricultural land. The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister.

The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister.

53

Barnabus Xulu Incorporated Attorneys (BXI) vs The Minister and the Director General

On Appeal

BXI attached the bank accounts of the Department on the basis that the Departmentallegedly entered into a settlement agreement with BXI for the payment of monies due for services rendered.The settlement agreement entered into. and

The invoices raised against the Department were successfully challenged and judgment was granted in favour of the Minister / Department. However, BXI is appealing the judgment.

54

Baron vs Minister of Agriculture, Forestry and Fisheries

Implemented

Unfair dismissal as contemplated in terms of section 186(1)(b)(i) of the LRA. The Labour Appeal Court dismissed the Department’s appeal and upheld the Labour

Court’s order for the reinstatement of Mr. Barron into the three-year contract post as Programmer Manager for the Working for Fisheries Programme.

55

Scott Russel vs Minister of Agriculture, Forestry and Fisheries

Matter is subject to application for leave to appeal.

Review and setting aside of the decision of the Minister to allocate rights in the West Coast Rock Lobster sector.

An application for leave to appeal was granted

An application for leave to appeal was granted

56

Seavuna vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

57

Cyril Burrel vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

58

Interfish vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: SINCE APRIL 2020

(b) Case details

(i),(ii) Status of implementation

(c)Nature of court order

(c)Nature of judgement

59

Schmidtsdrift CPA v Minister of DRDLR

To be implemented as Judgment issued on 12/06/2020

The Department ordered to hold the AGM for the purposes of electing a new committee for the CPA.

The CPA sought an interdict to prohibit the Department from facilitating an AGM.

(1)(b)

FPSU

COST

Free State

Makholokoeng FPSU (FS)

R8 421082.59

Sediba FPSU (FS)

R17 585807.87

Odendaalsrus FPSU (FS)

R11 505488.95

Sediba FPSU (FS)

R10 931426.49

Zastron FPSU (FS)

R24 574536.90

Gauteng

Tarlton (GP):

R3 413 012.25

Bekkersdal (GP):

R10 617 662.50

KwaZulu-Natal

Ndumo (KZN)

R27 360 000.00

Buluwane (KZN)

R18 888 824.66

Jikijela (KZN)

R21 429 340.92

Horseshoe (KZN)

R4 296 648.76

Hlatikhulu (KZN)

R6 060 000.00

Bensdorp (KZN)

R3 005 000.00

Tugela Ferry (KZN)

R52 360 000.00

Nsuze (KZN)

R 91 360 000.00

St Paul (KZN

R91 360 000.00

North West

Jericho(NW)

R 2 204 524.74

Bedwang(NW)

R 1 786 084.74

Taung FPSU(NW)

R11 890803.00

Mooifontein (NW)

R 7 948465.93

Makweleng ( NW)

R8 456473.71

Northern Cape

Heuningvlei (NC)

R7 811 022.00

Eksteenskuil (NC)

R12 428 740.00

2017 – 2018

Acting Employee

Acting position

(c) Acting

Remuneration

(d)

Acting Period

CLARKE DG

CHIEF SURVEYOR GENERAL

R0.00

10 MONTHS

NTOAGAE SM

CHIEF DIRECTOR: SERVICE DELIVERY COORDINATOR

R131 246.30

9 MONTHS

XALISA ZK

DIRECTOR: CADASTRAL SURVEY TRAINING & DEVELOPMENT

R22 921.78

3 MONTHS

JANSE VAN RENSBURG ET

SURVEYOR-GENERAL

R48 664.66

5 MONTHS AND 16 DAYS

NAPOLEON MM

DIRECTOR: MAPPING SERVICES

R93461.60

6 MONTHS

SIKO X

OFFICE ASSISTANT

R2 294.12

1 MONTH

NEL DL

DEPUTY SURVEYOR GENERAL

R40 045.50

6 MONTHS

REYNECKE DA

DEPUTY SURVEYOR GENERAL: GAUTENG

R0.00

9 MONTHS

BALLANTYNE A

DEPUTY SURVEYOR GENERAL

R40 045.50

6 MONTHS

2018 – 2019

CLARKE DG

CHIEF SURVEYOR GENERAL

R0.00

4 MONTHS AND 16 DAYS

XALISA ZK

DIRECTOR: CADASTRAL SURVEY TRAINING & DEVELOPMENT

R22 921.78

3 MONTHS

SIKO X

OFFICE ASSISTANT

R20 647.12

9 MONTHS

TSOTETSI P

SURVEYOR GENERAL

R53 053.00

6 MONTHS

DLUDLA IN

SURVEYOR GENERAL

R44 802.25

4 MONTHS

NAPOLEON MM

DIRECTOR: MAPPING SERVICES

R32 381.41

2 MONTHS

PETERS DG

DIRECTOR: SURVEY SERVICES

R49 411.98

2 MONTHS

SIHLANGU JA

CONTROL SURVEY TECHNICIAN

R95 120.24

4 MONTHS

HINDE GH

DEPUTY SURVEYOR GENERAL

R26 067.00

6 MONTHS

STEENKAMP BC

DEPUTY SURVEYOR-GENERAL

R7107.00

3 MONTHS

MDUBEKI R

CHIEF SURVEYOR-GENERAL

R0.00

7 MONTHS

REYNECKE DA

DEPUTY SURVEYOR GENERAL: GAUTENG

R0.00

12 MONTHS

2019 – 2020

GOGOBALA A

DIRECTOR: CADASTRAL SURVEY TRAINING & DEVELOPMENT

R35 705.00

4 MONTHS

DLUDLA IN

SURVEYOR-GENERAL

R80 056.24

7 MONTHS, 15 DAYS

CELE B

DIRECTOR: CADASTRAL INFORMATION MAINTENANCE & SUPPLY SERVICES

R146.300.75

6 MONTHS

SHONGWE EV

DIRECTOR: CADASTRAL INFORMATION MAINTENANCE & SUPPLY SERVICES

R48 987.70

2 MONTHS

PARKER A

CHIEF DIRECTOR: NGI

R47 520.00

6 MONTHS

MDUBEKI R

CHIEF SURVEYOR-GENERAL

R0.00

12 MONTHS

REYNECKE DA

DEPUTY SURVEYOR GENERAL: GAUTENG

R0.00

12 MONTHS

(ii) April 2020 to 30 June 2020

SHONGWE EV

DIRECTOR: CADASTRAL INFORMATION MAINTENANCE & SUPPLY SERVICES

R48 987.70

2 MONTHS

GOGOBALA A

DIRECTOR: CADASTRAL SURVEY TRAINING & DEVELOPMENT

R26 778.75

2 MONTHS

MDUBEKI R

CHIEF SURVEYOR-GENERAL

R0.00

3 MONTHS

NATIONAL LAWS

NATIONAL ACTS, NATIONAL REGULATIONS, ASSIGNED NATIONAL ACTS AND REGULATIONS, ASSIGNED HOMELAND LEGISLATION AND NATIONAL BILLS

NATIONAL ACTS

Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)

National Environmental Management Act, 1998 (Act No. 107 of 1998)

National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970)

NATIONAL REGULATIONS

Regulations for the Administration and Control of Townships in Black Areas, 1962 (Proclamation No. R293 of 1962) (Regulation 6A - not assigned)

ASSIGNED NATIONAL REGULATIONS

Regulations Relating to Township Establishment and Land Use, 1986 (Regulation No. R. 1897 of 1986)

Township Development Regulations for Towns, 1990 (Regulation No. R. 1886 of 1990)

Land Use and Planning Regulations, 1990 (Regulation No. R. 1888 of 1990)

Regulations for the Administration and Control of Townships in Black Areas, 1962 (Proclamation No. R293 of 1962)

Regulations for the Establishment and Development of Towns, 1983 (Regulation No. R. 154 of 1983)

Regulations Relating to the Imposition and Amendment for Town Planning Schemes for the Province of the Cape of Good Hope, 1989 (Provincial Notice No. 733 of 1989)

ASSIGNED HOMELAND LEGISLATION

Bophuthatswana Land Control Act, 1979 (Bophuthatswana Act No. 39 of 1979)

Ciskei Land Use Regulation Act, 1987 (Ciskei Act No. 15 of 1987)

KwaNdebele Town Planning Act, 1992 (KwaNdebele Act No. 10 of 1992)

KwaZulu Ingonyama Trust Act, 1994 (KwaZulu Act No. 3 of 1994)

Venda Land Affairs Proclamation, 1990 (Venda Proclamation No 45 of 1990)

PROVINCIAL LAWS

PROVINCIAL ACTS, ORDINANCES AND REGULATIONS

EASTERN CAPE

Cape Land Use Planning Ordinance, 1985 (Ordinance No. 15 of 1985)

Cape Township Ordinance, 1934 (Ordinance No. 33 of 1934)

Natal Town Planning Ordinance, 1949 (Ordinance No. 27 of 1949)

FREE STATE

Orange Free State Townships Ordinance, 1969 (Ordinance No. 9 of 1969)

GAUTENG

Division of Land Ordinance, 1986 (Ordinance No. 20 of 1986)

Public Resorts Ordinance, 1969 (Ordinance No. 18 of 1969)

Transvaal Board for the Development of Peri-Urban Areas Ordinance, 1943 (Ordinance No. 20 of 1943)

Transvaal Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986)

Municipal Ordinance, 1974 (Ordinance 20 of 1974),

KWAZULU-NATAL

KwaZulu-Natal Liquor Licensing Act, (Act No. 6 of 2010)

KwaZulu-Natal Planning and Development, 2008 (Act No. 6 of 2008)

Local Authorities Ordinance, 1974 (Ordinance No. 25 of 1974)

LIMPOPO

Division of Land Ordinance, 1986 (Ordinance No. 20 of 1986)

Northern Province Land Administration Act, 1999 (Act No. 6 of 1999)

Public Resorts Ordinance, 1969 (Ordinance No. 18 of 1969)

Transvaal Board for the Development of Peri-Urban Areas Ordinance, 1943 (Ordinance No. 20 of 1943)

Transvaal Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986)

MPUMALANGA

Division of Land Ordinance, 1986 (Ordinance No. 20 of 1986)

Public Resorts Ordinance, 1969 (Ordinance No. 18 of 1969)

Transvaal Board for the Development of Peri-Urban Areas Ordinance, 1943 (Ordinance No. 20 of 1943)

Transvaal Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986)

NORTHERN CAPE

Northern Cape Planning and Development Act, 1998 (Act No. 7 of 1998)

NORTH WEST

Division of Land Ordinance, 1986 (Ordinance No. 20 of 1986)

Public Resorts Ordinance, 1969 (Ordinance No. 18 of 1969)

Transvaal Board for the Development of Peri-Urban Areas Ordinance, 1943 (Ordinance No. 20 of 1943)

Transvaal Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986)

WESTERN CAPE

 Western Cape Land Use Planning Act, 2014 (Act No.3 of 2014)

Item

Amount

Project Cost

R2.1 Billion

Private Party Contribution

R1.43 Billion

Government Contribution

R 0.67 Billion

Province

Referral

EASTERN CAPE

1

FREE STATE

0

GAUTENG

0

KWAZULU NATAL

3

LIMPOPO

2

MPUMALANGA

1

NORTHERN CAPE

0

NORTH WEST

1

WESTERN CAPE

0

TOTAL

8

AGRICULTURE MATTERS

No

Case details

(i)(aa),(bb) Status of implementation

(ii)(aa) Nature of judgment

2017-2018 Judgments

1

B & B Properties (Pty) Ltd & others vs Dr Mcdonald Gayakaya

Implemented

Application to review and set aside the decision of the Director: Animal Health to test buffalos. The decision of the Director was reviewed and set aside.

2

Oluf Hendrik Erichsen N.O vs The Minister

Implemented

Application to compel the Minister to take a decision on an application for export certification. The Minister finalised the matter by granting the certificate.

3

Eurosemillas S.A vs The Minister

Implemented

Application to compel the Minister to instruct the Department to appoint a service provider who had been successful in the quote process. The Applicant succeeded and the Minister was ordered to instruct the Department accordingly.

2018-2019 Judgments

4

Lofty Du Bruyn N.O vs The Minister

Implemented

Application to compel the Minister to register a right of way over the farm. The application was granted and the Minister approved the registration of the servitude.

5

Nanaga Property vs The Minister

Implemented

Application to review and set aside the decision of delegated authority to remove 10 Milkwood trees. The decision of the Minister was reviewed and set aside.

6

South African Veterinary Association vs the Speaker of the National Assembly and others

Implemented

Application to declare the amendment of the Medicine and Related Substances Control Act, 1995 (Act No.101 of 1995) unconstitutional. The Amendment was declared unconstitutional.

7.

HL Halls & Sons Properties and another vs The Minister and Others

Implemented

Application to review and set aside the decision of the Minister. The decision was referred back to the Minister for reconsideration.

8.

HL Hall & Sons Properties vs The Minister.

Implemented

Application to review and set aside the decision of the Minister. The decision referred was back to the Minister for reconsideration.

No

Case details

(i)(aa),(bb) Status of implementation

(ii)(aa) Nature of court order

2017-2018 court orders

1.

ALCARI 406 CC vs The Minister and others

Implemented

Application to compel the Minister to finalise the appeal on a subdivision of land matter. The Court ordered the Minister to finalize the appeal.

2.

Zonnebloem Coal vs The Minister

Implemented

Application to compel the Minister to finalise the appeal on a subdivision of land matter. The Court ordered the Minister to finalize the appeal.

3.

Meister Cold Store (Pty) Ltd vs The Minister

Implemented

Application to compel the Minister to take a decision on an application for certification of a cold storage. The Court ordered the Minister to take a decision on the application for certification of its cold storage.

2018-2019 court orders

4

Xhalibile Kleinbooi Phindiso vs The Minister and others

Implemented

Application to compel the Minister to sell specified land to the Applicant and others. The Court ordered the Minister to sell the land to the Applicant.

5

Federated Meats (Pty) Ltd vs The Minister

Implemented

Application of semi-urgency requesting an order to declare that the Applicant is entitled to use any approved laboratory to meet the statutory and the regulatory obligation for the testing of imported meat. The court ordered that the Applicant can use any approved Laboratory.

6

Sofiline (Pty) Ltd vs The Minister.

Implemented

Application to review and set aside the decision of the Minister not to grant approval for the subdivision of agricultural land. The court ordered the Minister to grant the application for subdivision of land.

7

TD Mashinini vs The Minister and others.

Implemented

Applicant made an application to Court for an order to compel the Minister to transfer specified property to him. The parties’ agreement for transfer of the farm to the Applicant was made the order of the court.

8

Maxrae Estates vs The Minister

Implemented

Application to compel the Minister to take a decision on the appeal lodged for the subdivision of agricultural land. The court ordered the Minister to take a decision within sixty days (60).

9

Petrus Laubscher Coetzee & Others vs the Minister & Others

Implemented

Application to compel the Minister to transfer three portions of agricultural land into the names of the Applicants. The court ordered the Minister to transfer the three portions of land to the Applicants.

RURAL DEVELOPMENT AND LAND REFORM MATTERS

No

Case details

(i)(aa),(bb) Status of implementation

(ii)(aa) Nature of judgment

2017-2018 Judgments

1

Felicity Audrey Stirling vs td

Respondent 2: The Registrar of Deeds: Pretoria

Respondent 3: Jose Luis Crujela Alvares

Orders complied with.

Full amount paid by the Branch Deeds Registration, of which an attempt will be made to recover 50% from the third respondent. State Attorney requested to initiate recovery proceedings against third Respondent.

The Registrar of Deeds was found to be negligent in its transfer of the property and was ordered, jointly and severally with the third Respondent to pay the First Respondent R3 830 397.58 together with interest in lieu of damages and legal costs.

2

Applicant: The Forum of Concerned Residents of the Naledi & Dr Ruth S Mompati Districts vs Minister and others

Subsequent to the settlement agreement reached by the parties, the Branch Deeds Registration embarked on a project to develop the Electronic Deeds Registration System, during which public consultation was undertaken.

Once the EDRS is ready to be implemented, the status quo in the Vryburg deeds registry can change.

Simultaneously, the Branch Deeds Registration intends opposing Part B of the application (to review and set aside the Minister’s decision to transfer the land parcels from Vryburg to Kimberley, to reduce the jurisdiction of the Vryburg deeds registry and to establish a deeds registry in Mahikeng).

Part B still pending.

As part of the alignment of the jurisdiction of deeds registries in South Africa, the Minister intended to transfer land parcels from the Vryburg deeds registry to the Kimberley deeds registry, as they are situated in the Northern Cape Province. The Applicants brought an urgent application interdicting the Minister from transferring the property (Part A) and that Minister’s decision to transfer the afore-mentioned properties be reviewed and set aside.

3

Graham Robert Herbert No and 4 others v Senqu Municipality, Registrar of Deeds and Minister of Rural Development and Land Reform

A wholistic amendment of the Upgrading of Land Tenure Rights 112 of 1991 will be undertaken in due course.

The Court ordered that section 25A is unconstitutional in so far as it does not extend the application of section 3 of the Act to the entire Republic. The court ordered that section 25A from 22 August 2019 must be read as if it makes no reference to section 3 of the Act.

4

Patrick S Mpaka v KSD Municipality &Minister of Police & the Minister

Land remains vacant and a subject of a Land Claim.

The Municipality sought to use a court order which was obtained in 2011 to effect evictions to illegal occupations which happened in 2017. The 2017 illegal occupants applied for an interdict in that the 2011 order did not apply to them. Interdict was granted.

5

Mopet 259
Trading CC vs
The Minister of DRDLR case No 541/2015

None

The Plaintiff issued summons against the Department claiming a sum of money allegedly for services rendered. The Court ordered absolution from the instance (Plaintiff failed to prove its case.)

2018-2019 Judgments

1

Nieuco properties 1005 (Pty) Ltd

Nieuco Properties must still refer the case to the North Gauteng High Court for the determination of the quantum.

Veld fire claim instituted against the Department in terms of the National Veld and Forest Fire Act, Act 101 of 1998 where a private farm was damaged by veld fires that started on a state owned farm. The case was initially decided in favour of the Department by the North Gauteng High Court however, Nieuco Properties lodged an appeal which was heard by the SCA on 31 August 2018 and judgment delivered in favour of Nieuco Properties on 21 September 2018.

2

Applicants: Pretoria Attorneys Association & 12 others vs The Minister and others

The Branch duly complied with the settlement agreement.

The Minister subsequently halted / terminated this process, following a legal opinion to the effect that the process followed may have been flawed.

Minister instructed that the re-alignment process be re-initiated, in accordance with all applicable legal strictures (including the provisions of PAJA).

The parties agreed that the Minister will not proceed with the alignment initiative in the Gauteng province until the Minister takes the decision to align the deeds registries in Gauteng in accordance with the prescripts of PAJA.

3

Hlekani Dudu Mukansi & Others vs Minister of RDLR Case Number 67142/2017

None

Matter received on 01 November 2017. Mr Mukansi brought an application in the High Court Pretoria for an order to compel the Dept, amongst others, to do whatever is necessary to process his application for a Township Development on, Pnt of Farm Greater Giyani 32.7395 Ha, 30,000 Ha, 150. 0000 Ha. Minister approved that matter be defended on 26 April 2018.

The application was dismissed.

No

Case details

(i)(aa),(bb) Status of implementation

(ii)(aa) Nature of court order

2017-2018 court orders

1.

Zuiping-Dithabaneng Community Traditional Council // Title Adjustment Commissioner & Oth

The designation of land and appointment of a Commissioner in terms of Act 111 of 1993 has been done and he is conducting a land rights enquiry in accordance with the Act.

The applicant required the appointment of the Commissioner in terms of Act 111 of 1993. The designation of land and appointment of a Commissioner in terms of Act 111 of 1993 has been done and he is conducting a land rights enquiry in accordance with the Act.

2.

M. M. Rahube // H. Rahube & Others

The Upgrading of Land Tenure Amendment Bill was introduced to Parliament on 6 May 2020. Parliament has until 30 April 2021 to enact the amendments.

On 30 October 2018 the Constitutional Court ordered Parliament to introduce a procedure for the determination of the rights of ownership and occupation of land to cure the constitutional invalidity of section 2 (1) of the Upgrading of Land Tenure Rights Act 112 of 1991. Parliament was given until 30 April 2020.

Subsequent to the 2018 order, the Minister of Agriculture, Land Reform and Rural Development applied for and was granted an extension of the suspension of the Constitutional Court’s declaration of invalidity for a further twelve months until 30 April 2021.

3

Boy Phillip Mokoena v JS Farm Trust and Director General of the Department of Rural Development and Land Reform (Case No LCC 191/17)

The Province is implementing the order. The matter is due to be presented to NLAACC for the acquisition of 60 Ha for the affected labour tenants.

Sub division of the affected land will be carried out before conveyancing is to occur.

The order is being observed in its entirety.

Boy Phillip Mokoena (plaintiff) is declared a labour tenant and awarded a portion of Farm Hamilberg;

DG ordered to ratify the settlement agreement.

4.

Hlalefo S Moshoeshoe v DPW and DRDLR

Conveyancers have been instructed and are currently busy with the transfer of the property.

The court ordered the transfer of the property to the Applicant.

5.

DRDLR vs Unlawful Occupiers of R/E & PTN 1 of Farm Nooitgedacht 11 JQ case no. 7212/2017

State Attorney to appoint sheriff to serve the court order.

The court ordered the eviction of the unlawful occupiers.

6.

Dept of Rural Dev & Land Reform // Mamahule Traditional Authority, Dr Matsaung.

Case Number CCT179/16

The Department decided against evicting the community and is considering transferring the property to the Municipality for township development.

The Court “declared that the Mamahule Communal Property Association, the Mamahule Community, the Mamahule Traditional Authority and Occupiers of the Farm Kalkfontein 1001 LS are unlawful occupiers of the farm”.

7.

Alfred Shongwe / The DG of DRDLR & Others

The Applicant has been relocated to portion 3 of the farm Vaalpoort, temporary houses were constructed for the family. The Department is in the process of transferring the subdivided portion of the farm to the Shongwe family.

Mr Shongwe approached the Court for a declaratory order as a Labour Tenant and for the Department to provide him with a suitable accommodation.

Mr Shongwe was declared a Labour tenant and the Department was ordered to assist him in looking for, identifying and acquiring suitable land for him.

8.

Mzayifane Hadebe & Others /Minister of RDLR & Others

The gravel road leading to the Hadebe settlement has been completed. Nine houses were about to be completed as the country went into lockdown. The fencing of the 250 hectares of land awarded to the Hadebes, preparation of arable and the transfer of land to them is ongoing.

Mr Hadebe approached the Court for an order to compel the Department to build his family a house, construct the road leading to his homestead and also for the Department to register a Communal Property Association for the benefit of his family.

The Court granted the prayers as requested by Mr Hadebe..

9.

Asla Construction (PTY) Ltd vs The Minister Of Rural Development And Land Reform & Exeo Khokela Civil Engineering Construction(pty) ltd.

Implemented

The decision of the Department of Rural Development and Land Reform taken on or about 13/02/2018 to disqualify ASLA Pty. Ltd. and award the tender to EXEO KHOKELA (Pty) Ltd was reviewed and set aside. The Department was directed to award the tender to ASLA (Pty) Ltd within 30 days of the date of the order. The Department was ordered to pay the costs in the application, such costs to include the cost of two counsel.

2018-2019 court orders

1

Bakgatla Ba Kgafela CPA vs DRDLR

Implemented

The court ordered that the DG should take all necessary steps to assist the CPA to hold the Annual General Meeting and monitor the election of the new executive committee. The CPA appealed the judgment at the constitutional court. The constitutional court dismissed the appeal.

2

Bhekindela Mwelase vs DG and Minister

The Special Master was appointed on 10 December 2019. On 29 May 2020, the Special Master submitted an implementation plan to the Land Claims Court and the Plan is under consideration by the Land Claims Court.

On 8 December 2016, the Land Claims Court issued an order in favour of the Applicants which ordered for the appointment of a Special Master.

The Department lodged an application for leave to appeal with the Land Claims Court and such was granted on 1 March 2017. The appeal was heard by the SCA on 13 March 2018 and the appeal was decided in favour of the Department on 17 August 2018. AFRA appealed to the Constitutional Court and on 20 August 2019, the court issued a judgment which re-instated the initial order of the Land Claims Court dated 8 December 2016.

3

JM Tshabalala vs DRDLR

Implemented

The applicants were seeking an order that the Minister and DG should acquire land on behalf of labour tenants and just and equitable compensation to be paid to the landowner.

4

Neels van Tonder Trust vs Mogabule (LCC04/2018)

The Order against the Minister could not be implemented because it was discovered that Mr. Magabole had alternative accommodation in Bronkholspruit and he moved there.

The applicant Mr. Van Tonder applied for eviction order against Mr. Magabole and his family.

Eviction Order was granted on 28/05/2018. The Department was ordered to provide alternative accommodation to Mr. Mogabodi in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

5

Roodepoort Grondeienaarsvereeniging vs Roodepoort 63 Community (642/17 and 643/17)

The Department is in the process of complying with the court order in consultation with the City of Tshwane.

Rooderpoort Grondeinaarsvereening applied for an order to compel the City of Tshwane to evict the occupiers who has established a squatter camp in the City property which is adjacent to the applicant’s properties.

The High Court Granted the Order but the respondents took the matter on appeal and the decision of the High Court was overturned.

On appeal, the Supreme Court ordered the Minister to prepare and file a report with the High Court on the Department`s ability to provide the alternative accommodation as provided for in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

6

Hlaniki Trust vs Daniel Sibanyoni (LCC59/2018)

Implemented

Hlaniki Trust applied for an eviction order against Mr. Sibanyoni who is an occupier.

During the proceeding, the Land Claims Court issued a directive order, ordering the Minister to submit a report on the Department’s ability to provide alternative accommodation in case of eviction.

7

Hupp Properties vs Moneni (308/2017)

The matter was heard and eviction granted. Mr Moneni moved into his RDP house.

The eviction order was granted against Mr Moneni and his family and the Minister was ordered to provide alternative accommodation for Mr. Moneni in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

8

Land and Agricultural Bank

V CPAD Holdings PTY LTD, Alfred Mde, DRDLR and 4 Others

The Department has appointed a valuer to determine the value of the property so that it can satisfy the debt to Land Bank whilst retaining the property for purposes of Land Reform.

The Land Bank approached the court to vary a Forfeiture Order, which sought to transfer the property to the Department. This order was to include the protection of their interests as bondholders.

9

Anjucel & Another v Shadrack Bhekanini Ntshingila NO & others (Case no LCC 25/2019)

The Province is implementing the order. Approval for the acquisition of land in favour of the affected labour tenants is underway. A deed of sale has been signed and registration and transfer is due to occur soon.

The order is being observed in its entirety.

Shadrack Bhekanini (2nd resp) awarded a piece of farm Bloemhoek and registered in deeds office;

10

Makgari CPA vs DRDLR case number 5158/2018

Implementation is in progress

Matter received on 31 August 2018. Applicant, Makgari approached court, for the court to give a mandatory order directing the Department and Minister to register the applicant's CPA within 45 court days of the granting of the order. The Minister was ordered to register the CPA within 45 days of granting the court order.

11

M D Rakgase vs Minister of DRDLR case number 33497/2018

The land was sold to Mr Rakgase and transfer is under way.

Matter received on 13 June 2018. Mr Rakgase applied to the High Court to review the Minister's decision of refusing to sell to him Portions 0 (remaining extent and 1 of the Farm Nooitgedacht 11 JQ

The Minister was ordered to sell and transfer the farm to Mr Rakgase.

12

JC Prinsloo / The Minister of RDLR & Others LCC 177/16

The farm was acquired and is currently registered in the name of the State.

Default judgment was obtained against the Minister

State ordered to acquire portion 27 of the farm Welgekozen.

Province

(a) Applications Received

​(b) (i) Applications Approved

b. (ii) Applications Rejected

(c)(i),(ii) Rand Value Approved Applications

Eastern Cape

10 608

1 627

8 981

R 65 694 654.50

Free State

5 384

389

4 995

R 17 197 596,77

Gauteng

1 299

991

308

R 38 471 000,00

KwaZulu Natal

4 695

2 786

1 909

R 99 741 480,61

Limpopo

7 776

2 030

5 746

R 86 465 940,34

Mpumalanga

5 439

825

4 614

R 38 953 637,76

North West

8 645

2 988

5 657

R 69 114 248,00

Northern Cape

8 861

1 428

7 433

R 46 050 944,00

Western Cape

2 440

1 555

885

R 58 128 746,00

Programmes

Relevant Details

Amount

Programme 5

Land Reform

R 147 600 000

Agricultural Land Holdings Account (ALHA)

R 923 000 000

Programme 1

Administration

R 129 400 000

Programme 3

Rural Development

R 100 000 000

Programmes

Relevant Details

Amount

Programme 5

Land Reform

R 147 600 000

Agricultural Land Holdings Account (ALHA)

R 923 000 000

Programme 1

Administration

R 129 400 000

Programme 3

Rural Development

R 100 000 000

Number

(b)(ii) Names of the Commodity Organisation

(c) Amount Paid To date

1

National Emerging Red Meat Producers Organisation (NERPO)

R 139 475 117.73

2

GFADA (Grain Farmers Development Association)

R 64 431 316.66

3

Grain SA

R 0.00

4

SAPA (South African Poultry Association)

R 0.00

5

Potato SA

R 0.00

6

Citrus Growers Association

R 0.00

7

Deciduous Fruits Development Chamber (DFDC)

R 0.00

ANNEXURE B OF NA-QUS 10 14 OF 2020

1. PROVINCE

1. APPLIED FOR

(c) ALLOCATION R

(d) PROJECTS EARMARKED

2020/2021

2020/21

Eastern Cape

395 000 000

35 000 000

Fodder production and boreholes

KwaZulu-Natal

Not specified

4 000 000

Desilting of dams

Limpopo

117 000 000

18 500 000

Boreholes

Mpumalanga

400 000 000

12 500 000

Boreholes and fodder provision

Northern Cape

600 000 000

36 000 000

Removal of alien vegetation and provision of fodder

North West

252 000 000

8 000 000

Provision of fodder

Western Cape

123 000 000

25 000 000

Provision of fodder

Province

ALLOCATION R

EXP

ALLOCATION R

EXP

ALLOCATION R

EXP

2016/17

2018/19

2019/20

-

Eastern Cape

29 000 000

29 000 000

20 000 000

20 000 000

-

-

Free State

31 000 000

31 000 000

13 500 000

13 500 000

-

-

KwaZulu-Natal

23 000 000

23 000 000

-

-

-

-

Limpopo

28 000 000

28 000 000

10 000 000

10 000 000

9 000 000

9 000 000

Mpumalanga

26 000 000

26 000 000

10 000 000

10 000 000

8 000 000

8 000 000

Northern Cape

25 000 000

25 000 000

43 000 000

43 000 000

34 000 000

34 000 000

North West

38 000 000

38 000 000

-

-

Western Cape

12 000 000

12 000 000

170 000 000

170 000 000

Total

R 212 000 000

R 212 000 000

R266 500 000

R266 500 000

R51 000 00

R51 000 00