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07 September 2020 - NW1600

Profile picture: Winkler, Ms HS

Winkler, Ms HS to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) animals are listed under Category A, B, and C of the Game Meat Safety Scheme and (b) are the throughput numbers permitted per species under the Game Meat Safety Scheme; (2) with reference to the provision of the Game Meat Safety Scheme which states that Category A game do not apply to slaughter facilities registered under the Scheme except in special cases under a protocol approved by the Professional Employer Organisation, (a) what are the special cases, (b) what is the total number of the special cases and (c) to whom have the special cases been granted? NW1984E

Reply:

(1)(a),(b) There is no Game Meat Safety Scheme that the Department of Agriculture, Land Reform and Rural Development has approved and implemented. Meat safety is regulated under the Meat Safety Act, 2000 (Act No. 40 of 2000) and the only scheme that has been approvedunder the Act is the Meat Inspection Scheme which was approved by the Minister in 2016 and was implemented in 2017.

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

07 September 2020 - NW1491

Profile picture: Steyn, Ms A

Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What is the current status of employment of certain persons (names furnished) in the National Geomatics and Management Services of her department; (2) Whether the two specified employees faced disciplinary hearings; if not, in each case, why not; if so, what are the relevant details in each case; (3) Whether any of the two employees have been (a) suspended and/or (b) placed on a leave of absence; if so, (i) on what date was each employee suspended and/or placed on a leave of absence, (ii) on what grounds was each employee suspended and/or placed on a leave of absence and (iii) for what period was each employee suspended and/or placed on a leave of absence; (4) whether each employee is still receiving remuneration; if not, why not, in each case; if so, what are the relevant details in each case; (5) whether the two employees are still employed by her department and/or any entity reporting to her; if so, in each case, (a) in which department and/or entity is each person employed and (b) what job title does each person hold?

Reply:

1. The two officials are currently employed in the Department.

2. Yes. The two specified employees are currently facing disciplinary action:

  • Chief Surveyor-General: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the General Public Service Sector Bargaining Council (GPSSBC) for inquiry by the arbitrator and was set-down more than three times but did not proceed. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.
  • Chief Director Cadastral Spatial Information: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the GPSSBC for inquiry by the arbitrator. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.

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

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)

4. Yes. Please refer to the table below.

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

5. Yes.

a) The two employees are still employed by the Department in the Branch: National Geomatics and Management Services.

b) The employees hold the posts of Chief Surveyor-General and of Chief Director: Cadastral Spatial Information respectively.

07 September 2020 - NW1282

Profile picture: Steyn, Ms A

Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total number of (i) judgments and (ii) court orders were made against (aa) her and (bb) her predecessors (aaa) in each of the past three financial years and (bbb) since 1 April 2020, (b) total number of the specified judgments and court orders (i) have been implemented and (ii) await implementation by her department and (c) are the details of each judgment and court order?

Reply:

(a)(i),(ii),(aa),(bb), (aaa): 2017-2018

  • Minister AT Didiza (MP): 0
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 30

 

(aaa): 2018-2019

  • Minister AT Didiza (MP): 0
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 17

 

(aaa): 2019-2020

  • Minister AT Didiza (MP): 11
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0

 

(bbb): Since 1 April 2020

  • Minister AT Didiza (MP): 1
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0

 

b) Total number of the specified judgments and court orders59:

  1. Implemented: 39
  2. Await implementation: 20

(c) Please refer to Annexure A.

 

ANNEXURE A OF NA-QUES 1282 OF 2020

 

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.

26 August 2020 - NW1410

Profile picture: Joseph, Mr D

Joseph, Mr D to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she intends to introduce amending legislation to allow for the suspension of section 25(7) of the Constitution of the Republic of South Africa, 1996, to make provision for the dispossessed property of Khoisan communities prior to 19 June 1913; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

THE MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT:

No, the Minister does not intend to introduce legislation to allow for the suspension of section 25(7) of the Constitution of the Republic of South Africa, 1996 to make provision for the dispossessed property of Khoisan communities prior to 19 June 1913. The Minister is of the view that any legislation that seeks to suspend or amend any section of the Constitution must be introduced by a committee of Parliament as contemplated in section 73(2) read together with section 74 of the Constitution. However, in redistributing land to communities in general, the Minister is not limited by the 19 June 1913 date applicable to restitution in terms of section 25(7) of the Constitution.  

06 August 2020 - NW1374

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

What are the relevant details of (a)(i) land reform farms, (ii) productive farms and (iii) non-productive farms in Limpopo and (iv) the reasons that the specified farms are non-productive, (b) the total amounts of recapitalisation funding spent on each farm since they were purchased, (c) the actions being taken to make the non-productive farms productive and (d) where the budget is going to come from for each recapitalisation?

Reply:

(a)(i) Please refer to Annexure A.

(ii),(iii) The Department has not yet conducted a study on all Land Reform farms to determine the productivity or otherwise.

(iv) Falls Away.

b) Please refer to Annexure B.

c) Land Development Support is currently limited to Proactive Land Acquisition Farms that were assessed and is currently limited to 146 of those farms due to the budget constraints.

d) The budget for each recapitalisation is going to come from the department.

06 August 2020 - NW1375

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

What are the relevant details of (a)(i) land reform farms, (ii) productive farms and (iii) non-productive farms in North-West and (iv) the reasons that the specified farms are non-productive, (b) the total amounts of recapitalisation funding spent on each farm since they were purchased, (c) the actions being taken to make the non-productive farms productive and (d) where the budget is going to come from for each recapitalisation?

Reply:

(a)(i) Please refer to Annexure A.

(ii),(iii) The Department has not yet conducted a study on all Land Reform farms to determine the productivity or otherwise.

(iv) Falls away.

b) Please refer to Annexure B.

c) Land Development Support is currently limited to Proactive Land Acquisition Farms that were assessed and is currently limited to 146 of those farms due to the budget constraints.

d) The budget for each recapitalisation is going to come from the department.

06 August 2020 - NW1376

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Bagraim, Mr M to ask the Minister of Agriculture, Land Reform and Rural Development

What are the relevant details of (a)(i) land reform farms, (ii) productive farms and (iii) non-productive farms in the Free State and (iv) the reasons that the specified farms are non-productive, (b) the total amounts of recapitalisation funding spent on each farm since they were purchased, (c) the actions being taken to make the non-productive farms productive and (d) where the budget is going to come from for each recapitalisation?

Reply:

(a)(i) Please refer to Annexure A.

(ii),(iii) The Department has not yet conducted a study on all Land Reform farms to determine the productivity or otherwise.

(iv) Falls away.

b) Please refer to Annexure B

c) Land Development Support is currently limited to Proactive Land Acquisition Farms that were assessed and is currently limited to 146 of those farms due to the budget constraints.

d) The budget for each recapitalisation is going to come from the department.

06 August 2020 - NW1377

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Bagraim, Mr M to ask the Minister of Agriculture, Land Reform and Rural Development

What are the relevant details of (a)(i) land reform farms, (ii) productive farms and (iii) non-productive farms in the Northern Cape and (iv) the reasons that the specified farms are non-productive, (b) the total amounts of recapitalisation funding spent on each farm since they were purchased, (c) the actions being taken to make the non-productive farms productive and (d) where the budget is going to come from for each recapitalisation?

Reply:

(a)(i) Please refer to Annexure A.

(ii)(iii) The Department has not yet conducted a study on all Land Reform farms to determine the productivity or otherwise.

(iv) Falls away.

b) Please refer to Annexure B

c) Land Development Support is currently limited to Proactive Land Acquisition Farms that were assessed and is currently limited to 146 of those farms due to the budget constraints.

d) The budget for each recapitalisation is going to come from the department.

06 August 2020 - NW1373

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

What are the relevant details of (a)(i) land reform farms, (ii) productive farms and (iii) non- productive farms in the Western Cape and (iv) the reasons that the specified farms are non-productive, (b) the total amounts of recapitalisation funding spent on each farm since they were purchased, (c) the actions being taken to make the non-productive farms productive and (d) where the budget is going to come from for each recapitalisation?

Reply:

(a)(i) Please refer to Annexure A.

(ii)(iii) The Department has not yet conducted a study on all Land Reform farms to determine the productivity or otherwise.

(iv) Falls away.

(b) Please refer to Annexure B.

(c) Land Development Support is currently limited to Proactive Land Acquisition farms that were assessed and is currently limited to 146 of those farms due to the budget constraints.

(d) The budget for each recapitalisation is going to come from the department.

06 August 2020 - NW1379

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Chetty, Mr M to ask the Minister of Agriculture, Land Reform and Rural Development

What are the relevant details of (a)(i) land reform farms, (ii) productive farms and (iii) non-productive farms in KwaZulu-Natal and (iv) the reasons that the specified farms are non-productive, (b) the total amounts of recapitalisation funding spent on each farm since they were purchased, (c) the actions being taken to make the non-productive farms productive and (d) where the budget is going to come from for each recapitalisation?

Reply:

(a)(i) Please refer to Annexure A.

(ii)(iii) The Department has not yet conducted a study on all Land Reform farms to determine the productivity or otherwise.

(iv) Falls away.

b) Please refer toAnnexure B.

c) Land Development Support is currently limited to Proactive Land Acquisition Farms that were assessed and is currently limited to 146 of those farms due to the budget constraints.

d) The budget for each recapitalisation is going to come from the department.

06 August 2020 - NW1380

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Chetty, Mr M to ask the Minister of Agriculture, Land Reform and Rural Development

What are the relevant details of (a)(i) land reform farms, (ii) productive farms and (iii) non-productive farms in Mpumalanga and (iv) the reasons that the specified farms are non-productive, (b) the total amounts of recapitalisation funding spent on each farm since they were purchased, (c) the actions being taken to make the non-productive farms productive and (d) where the budget is going to come from for each recapitalisation?

Reply:

(a)(i) Please refer to Annexure A.

(ii),(iii) The Department has not yet conducted a study on all Land Reform farms to determine the productivity or otherwise.

(iv) Falls away.

(b) Please refer toAnnexure B.

(c) Land Development Support is currently limited to Proactive Land Acquisition Farms that were assessed and is currently limited to 146 of those farms due to the budget constraints.

(d) The budget for each recapitalisation is going to come from the department.

06 August 2020 - NW1381

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Chetty, Mr M to ask the Minister of Agriculture, Land Reform and Rural Development

What are the relevant details of (a)(i) land reform farms, (ii) productive farms and (iii) non-productive farms in Gauteng and (iv) the reasons that the specified farms are non-productive, (b) the total amounts of recapitalisation funding spent on each farm since they were purchased, (c) the actions being taken to make the non-productive farms productive and (d) where the budget is going to come from for each recapitalisation?

Reply:

(a)(i) Please refer to Annexure A

(ii),(iii) The Department has not yet conducted a study on all Land Reform farms to determine the productivity or otherwise.

(iii) Falls away

(b) Please refer toAnnexure B.

(c) Land Development Support is currently limited to Proactive Land Acquisition Farms that were assessed and is currently limited to 146 of those farms due to the budget constraints.

(d) The budget for each recapitalisation is going to come from the department.

06 August 2020 - NW1656

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

What total number of farmer categories has her department assisted since the beginning of the lockdown to curb the spread of Covid-19?

Reply:

The Department did not assist farmers to curb the spread of Covid-19.However, the Department provided the following Personal Protective Equipment and hygiene products to farm workers to help curb the spread of COVID-19.

  • 400 000 disposable face masks.
  • 400 000 bars of soap.
  • 200 000 reusable cloth masks.

06 August 2020 - NW1378

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Bagraim, Mr M to ask the Minister of Agriculture, Land Reform and Rural Development

What are the relevant details of (a)(i) land reform farms, (ii) productive farms and (iii) non-productive farms in the Eastern Cape and (iv) the reasons that the specified farms are non-productive, (b) the total amounts of recapitalisation funding spent on each farm since they were purchased, (c) the actions being taken to make the non-productive farms productive and (d) where the budget is going to come from for each recapitalisation?

Reply:

(a)(i) Please refer to Annexure A.

(ii),(iii) The Department has not yet conducted a study on all Land Reform farms to determine the productivity or otherwise.

(iv) Falls away.

(b) Please refer toAnnexure B.

(c) Land Development Support is currently limited to Proactive Land Acquisition Farms that were assessed and is currently limited to 146 of those farms due to the budget constraints.

(d) The budget for each recapitalisation is going to come from the department.

05 August 2020 - NW1396

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

(a) What number of Farmer Production Support Units did her department complete (i) in each of the past five financial years and (ii) since 1 April 2020 and (b) what was the cost of each specified unit; (2) what are the full details of all projects (a) completed and (b) in the pipeline, indicating the (i) areas, (ii) type of infrastructure and (iii) amounts paid in each case

Reply:

(1)(a)(i) 2014-2015 to 2018-2019: No FPSUs were planned during this period.

2019-2020: No FPSUs were completed during this period.

(ii) 1 April 2020 to 30 June 2020: No FPSUs were completed in this period. However, a total of 22 FPSUs were brought to initial working state with support in terms of the basic components: basic infrastructure, mechanisation and input support, ownership, human resources support and producers support (Farmers/Cooperatives registered at the FPSU that will receive services).

(b) Please refer to Annexure A. There were 0 FPSUs in Eastern Cape, Limpopo, Mpumalanga and Western Cape

(2)(a),(b)(i),(ii),(iii) Please refer to Annexure B.

ANNEXURE A TO NA QUESTION 1396 OF 2020

(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

04 August 2020 - NW1493

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) are the names of each person employed in an acting position in the National Geomatics and Management Services of her department (i) in each of the past three financial years and (ii) since 1 April 2020, (b) position did each acting employee hold, (c) are the relevant details of the remuneration package received by each specified acting employee and (d) period of time did each employee act in the specified position?

Reply:

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

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

04 August 2020 - NW862

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Kruger, Mr HC to ask the Minister of Agriculture, Land Reform and Rural Development

1) Whether her department will offer any form of Covid-19 financial or other relief to small businesses; if not, why not; if so, what are the relevant details; 2) whether the Covid-19 financial or other relief will only be allocated to qualifying small businesses according to the Broad-Based Black Economic Empowerment Act, Act 53 of 2003, as amended; if not, what is the position in this regard; if so, (a) on what statutory grounds and/or provisions does she or her department rely to allocate Covid-19 financial or other relief only to small businesses according to the specified Act and (b) what form of Covid-19 financial or other relief, if any, will be made available to other small businesses?

Reply:

1. No. The Department of Small Business Development is supporting small businesses through various COVID-19 Intervention schemes.

2. Falls away.

03 August 2020 - NW1584

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department has a list of all the current legislation and ordinances that regulate land use in the Republic; if not, why not; if so, what are the relevant details of the legislation and ordinances that regulate land use in each province? NW1967E

Reply:

Yes.Please refer to the table below for a comprehensive schedule of legislation administered by the three spheres of Government, including Municipal Planning By-laws aligned to the Spatial Planning and Land Use Management Act, 16 of 2013.

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)

22 July 2020 - NW1395

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What are the objectives of the Deeds Registries Transformation Policy; (2) why was the specified policy put on hold by departmental executives; (3) whether her department intends to continue with the specified policy; if not, why not; if so, what are the relevant details?

Reply:

(1) The objectives of the Deeds Registration Transformation Policy are to:

  • develop legislation that provides mechanisms and procedures for the registration of rights in land, including but not limited to customary, informal and communal forms of tenure which are recognised by law;
  • provide a simplified, cost effective deeds registration system that is widely accessible;
  • provide for officials of the Department of Agriculture, Land Reform and Rural Development (DALRRD) to perform certain functions of attorneys, conveyancers and notaries in respect of the preparation and execution of deeds and documents in instances where State land is being dealt with;
  • align and incorporate the provisions of the Electronic Deeds Registration Systems Act into new deeds registration legislation;
  • provide registration capability for other forms of rights in land that the Government may introduce in future;
  • establish a legislative and policy framework that will facilitate the development of a comprehensive register in which all rights and interests in land are recorded; and
  • repeal the Deeds Registries Act 47 of 1937 and the Electronic Deeds Registration System Act 19 of 2019 and to replace same with new deeds registration legislation.

(2) The Deeds Registration Transformation Policy has not been put on hold. However, the Deeds Institutional Transformation Policy referred to in the Departmental Annual Performance Plan 2019/2020 has been placed on hold due to the fact that the said policy was not responding to the recommendations of the Presidential Advisory Panel on Land Reform and Agriculture with reference to the need for a National Land Tenure Policy.

(3) Yes; DALRRD is continuing with development of the Deeds Registration Transformation Policy and is currently developing a business plan for purposes of procuring the services of policy development experts to assist DALRRD with the development of a policy framework and the envisaged deeds registration legislation. Once the policy framework has been endorsed by the Minister, DALRRD will table the final draft of the Deeds Registration Transformation Policy to Cabinet for approval.

22 July 2020 - NW1320

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether the Minister of Finance approved the construction of a new public-private partnership office block for her department; if so, (a) what is the projected cost and (b) by what date will construction start; (2) whether, considering the merger of the two departments, there is still a need for the new office block; if so, what are the relevant details? NW1688E

Reply:

1. The Department registered two separate projects with National Treasury prior to the merger of the former Department of Rural Development and Land Reform and the Department Agriculture, Forestry and Fisheries. The Minister of Finance has approved the construction of a new public-private partnership office block project registered by the former Department of Rural Development and Land Reform. The other project is still at the appointment of Transaction Advisory Team to undertake a Feasibility Study on the project. All follow-up questions will be applicable to the project by the former Department of Rural Development and Land Reform.

(a) Please refer to the table below.

Item

Amount

Project Cost

R2.1 Billion

Private Party Contribution

R1.43 Billion

Government Contribution

R 0.67 Billion

(b) The projected construction start date is October 2020.

(2) There is still a need for the continuation of the project due to office space challenges and maintenance issues in the current buildings occupied by the Department. The Department also considered the expenditure already incurred on the project, termination of the project would have resulted in wasteful expenditure and legal costs/litigation from the appointed service provider.

09 July 2020 - NW1397

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

With reference to her department’s presentation to the Portfolio Committee on Agriculture, Land Reform and Rural Development on 4 June 2020, from which budget did her department get extra funding to be able to settle more land claims than planned in the Third and Fourth Quarters of the 2019-20 financial year; (2) What number of land claims (a) that were settled by her department in the 2019-20 financial year were as a result of court judgments and (b) did her department refer to courts in each province in the specified financial year?

Reply:

1. Additional funding was obtained from Programme 1: Administration (R18.9 million), Programme 2: National Geomatics Management Services (R15.9 million) and Programme 5: Land Reform (R95.1 million).

2. (a) 42

(b)

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

END

09 July 2020 - NW1198

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she appointed any advisors since she assumed office on 30 May 2019; if not, why not; if so, (a) what is the name of each advisor, (b) on what date was each advisor appointed, (c) what are relevant the details of the remuneration package of each advisor and (d) what are the relevant details of the advisory services that each advisor renders?

Reply:

Yes.

a) Mr I I Ka-Mbonane

b) 16 June 2019.

c) Full-time, Grade IV, First Package

d) Performance Agreement attached as Annexure A.

08 July 2020 - NW1199

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

(a) What number of (i) judgments and (ii) court orders were made against her department in the (aa) 2017-18 and (bb) 2018-19 financial years and (b) in each case, (i) what number of the specified judgments and court orders (aa) were implemented and (bb) await implementation by her department and (ii) what was the nature of the (aa) judgment and/or (bb) court order in each case?

Reply:

(a) (i),(ii) (aa) 2017-2018

- Agriculture: 3 judgments and 3 court orders

- Rural Development and Land Reform: 5 Judgments and 9 Court orders

 

(bb) 2018-2019

- Agriculture: 5 judgments and 6 court orders.

- Rural Development and Land Reform: 3 Judgments and 12 Court orders

 

(b) (i) (aa) Implemented

- Agriculture: All 8 judgments and 9 court orders implemented.

- Rural Development and Land Reform: 0 Judgements and 4 court orders implemented

(bb) Await implementation

- Agriculture: 0

- Rural Development and Land Reform: Please refer to Annexure B.

(ii) (aa),(bb) Please refer to Annexure A for Agriculture matters and Annexure B for Rural Development and Land Reform matters.

ANNEXURE A TO NA-QUESTION 1199 OF 2020

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.

ANNEXURE B TO NA-QUES 1199 OF 2020

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.

08 July 2020 - NW1322

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What is the (a) average number of days taken to process (i) diagrammes, (ii) sectional plans and (iii) general plans within her department and (b)(i) current vacancy rate in the directorate responsible for the specified matters within her department and (ii) reason for the specified vacancy rate?

Reply:

(a) (i) 14 working days.

(ii) 14 working days.

(iii) 14 working days.

(b) (i) Vacancy rate as per PERSAL report is 11%.

(ii) Reasons for vacancy rate are:

    • resignations, retirement and dismissals;
    • lack of funding; and
    • shortage of specialized skills in the market.

 

08 July 2020 - NW1284

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

(a) What is the current vacancy rate of her department, (b) which programmes are mainly affected and (c) what measures has her department put in place to fill the vacancies and/or to ensure that service delivery is not hampered?

Reply:

a) 12.58 %.

b) Program 5 – Economic Development, Trade and Marketing.

c) The Department is in the process of finalising the merger of the former Department of Rural Development and Land Reform and the agriculture component of the former Department of Agriculture, Forestry and Fisheries. A procedure is in place for Branches to approach the Minister for approval to fill posts identified as critical and essential as per DPSA Circular 19 of 2020.

08 July 2020 - NW1277

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Roos, Mr AC to ask the Minister of Agriculture, Land Reform and Rural Development

With regard to the Spatial Data Infrastructure Act, No 54 of 2003 (SDI Act), (a) why was the SDI Act omitted under the Legislative Mandates of her department’s 2020-21 Annual Performance Plan for Agriculture, Land Reform and Rural Development and (b) with no mention of the SDI Legislation under Part C: Institutional Performance Programme information and Programme 6: Land Administration making no reference to Spatial Data Infrastructure nor the statutory body appointed by her to deliver the South African Spatial Data Infrastructure, where does the South African Spatial Data Infrastructure function sit?

Reply:

a) The omission of the Spatial Data Infrastructure Act (Act 54 of 2003) in the 2020 / 21 Annual Performance Plan (APP), was due to an administrative oversight and is being rectified in the revision of the APP of the Department which is currently being finalized.

b) The administrative functions with regard to the Spatial Data Infrastructure Act (Act 54 of 2003) and the South African Spatial Data Infrastructure (SASDI) remains within the Department of Agriculture, Land Reform and Rural Development in the Branch Spatial Planning and Land Use Management.

08 July 2020 - NW1151

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Breedt, Ms T to ask the Minister of Agriculture, Land Reform and Rural Development

(1)     Whether her department purchased any goods and/or services below the amount of R500 000 connected to the Covid-19 pandemic; if not, what is the position in this regard; if so, what (a) is the name of each company from which the specified goods and/or services were purchased, (b) is the amount of each transaction and (c) was the service and/or product that each company rendered; (2) whether there was any deviation from the standard supply chain management procedures in the specified transactions; if so, (a) why and (b) what are the relevant details in each case; (3) what were the reasons that the goods and/or services were purchased from the specified companies; (4) whether she will make a statement on the matter?

Reply:

1. Yes. The Department of Agriculture, Land Reform and Rural Development purchased goods and services below the amount of R500 000 connected to the COVID-19 pandemic by means of price quotations and or transversal contracts.

(a),(b),(c) Please refer to Annexure A.

2. Yes.

(a),(b) Please refer to Annexure A.

3. Please refer to Annexure A.

4. No.

08 July 2020 - NW1028

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Winkler, Ms HS to ask the Minister of Agriculture, Land Reform and Rural Development

What is the motivation behind the amendment to the Meat Safety Act, Act 40 of 2000, to include threatened species in Schedule 1(2) for slaughter, consumption, sale and export?

Reply:

The Department of Agriculture, Land Reform and Rural Development (DALRRD) initiated and gazetted the draft proposed amendment to Schedule 1 of the Meat Safety Act, 2000 (Act No. 40 of 2000) hereinafter referred to as “the Act”, in order to curb unsustainable wildlife hunting for “bushmeat” and to ensure that where slaughtering or hunting for either consumption, or sale for local or export trade, happens in a regulated environment that would ensure food safety, feed safety and adherence to welfare prescripts.

The Act does not make any decisions on which animals are to be slaughtered but ensures that should an animal listed in the schedule be slaughtered, all requirements stipulated in the Act would have to be complied with.

A decision on which animals can be slaughtered lies outside of the mandate of the Meat Safety Act. Legislation under the Department of Environment, Forestry and Fisheries, stipulates which wildlife animals are protected and endangered and therefore there is a regulatory framework on how to handle them, including their disposal and slaughter if that becomes a necessity. The slaughter of animals for human and animal consumption, as required under the Meat Safety Act is subject to permissions of relevant other legislation, including conservation, food control, environmental health and animal welfare legislations.

There may be instances where endangered animals have to be culled for conservation, animal welfare (e.g. injured), animal health (e.g. having a contagious non-zoonotic disease), environmental concerns (e.g., overgrazing) or other justifiable reasons, in line with provisions of all applicable legislation outside of the Meat Safety Act. In such instances, the products of such a culling operation, if intended for human consumption, would have been regulated under the Meat Safety Act and food hygiene would have been promoted and assured. The Act also controls the importation of meat and therefore the absence of a specific animal on the list; it means that the Meat Safety Act does not apply to meat and meat products of such an animal and therefore the Department does not have any regulatory control at the ports of entry for such products entering the country. In the absence of the listing of an animal under the Act, anyone can import such an animal without having to comply with provisions of the Meat Safety Ac

02 July 2020 - NW1078

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total number of applications for Covid-19 relief funding have been received in each province to date, (b) number of the specified applications have been (i) approved and (ii) rejected in each case in each province and (c) was the Rand value of each (i) approved and (ii) rejected application in each province; (2) whether her department only allocates Covid-19 funding relief to qualifying persons according to the Broad-Based Black Economic Empowerment Act, Act 53 of 2003, as amended; if not, what is the position in this regard; if so, (a) on what statutory grounds is her department’s Covid-19 funding relief only allocated to persons according to the specified Act, (b) what number of the applications for relief funding were approved in this regard and (c) what form of Covid-19 funding relief will be made available to other persons in the agriculture sector?

Reply:

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

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

2. No.

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

02 July 2020 - NW1283

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

With reference to the shift that was approved by the National Treasury of R400 million from the Administration, Rural Development and Land Reform programmes of her department to Alpha and Land Bank at the end of the Fourth Quarter to fund small-scale farmers to address effects of the Covid-19 pandemic to ensure continuity of food security, (a) where did the rest of the funds for the R1,3 billion Covid-19 grant come from and (b) what are the relevant details of the programmes and amounts shifted for Covid-19?

Reply:

a)  The R 1.3 billion Covid-19 grant came from different programmes of the Department of Agriculture, Land Reform and Rural Development.

b) Please refer to the table below.

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

02 July 2020 - NW1200

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

With reference to the shift that was approved by the National Treasury of R400 million from the Administration, Rural Development and Land Reform programmes of her department to Alpha and Land Bank at the end of the Fourth Quarter to fund small-scale farmers to address effects of the Covid-19 pandemic to ensure continuity of food security, (a) where did the rest of the funds for the R1,3 billion Covid-19 grant come from and (b) what are the relevant details of the programmes and amounts shifted for Covid-19?

Reply:

a) The funds were shifted from Programmes, 1, 3 and 5 of the Department of Agriculture, Land Reform and Rural Development.

b) Please refer to the table below.

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

02 July 2020 - NW279

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Esau, Mr S to ask the Minister of Agriculture, Land Reform and Rural Development

(a) Why is (i) a moratorium on all evictions from farms not yet in place and (ii) her department not addressing the issue of communities that are still being evicted from farms, particularly by farm owners and (b) what steps does she intend to take to deal with the specified issues?

Reply:

(a) (i) South Africa has a constitutional dispensation that recognises and protects the rights of those who lawfully occupy land that belong to others whilst simultaneously protecting the rights of those who own land. There’s currently no moratorium on eviction from farms since there’s no law authorising a moratorium and further, because any law seeking to provide for a moratorium is unlikely to survive constitutional scrutiny.

(ii) It is not correct that the Department of Rural Development and Land Reform (DRDLR) does not address the issue of evictions from farms. It needs to be appreciated that whilst the Legislature has passed laws to provide statutory recognition of occupation rights to persons that lawfully occupy land, such laws do provide for situations where occupation rights may be lawfully terminated and therefore evictions may then follow. There are however balancing safeguards in that evictions are subjected to a judicial process and self-help measures by landowners are criminalised. The Department therefore addresses eviction matters within the provisions of existing land tenure laws.

In addition to the above during this time of national disaster, Regulation 36(1) issued in terms of section 27(2) of the Disaster Management Act, 2002 enables any competent court to grant an order for the eviction of any person from land in terms of the provisions of Extension of Security of Tenure Act 62 0f 1997,provided that any order of eviction shall be stayed and suspended until the last day Alert Level 3, unless a court decides that it is not just and equitable to stay and suspend the order until the last day of the Alert Level 3 period. All legal representatives appointed for farm dwellers have been made aware of these Regulations and courts are enforcing them.

(b) The following measures will be put in place:

  • Promote awareness regarding the existence of statutory tenure rights and mechanisms that are designed to support the observance or protection of such rights through local media, art and direct interaction with farm dwellers;
  • improve access to justice for those with insecure land tenure through collaboration with Legal Aid South Africa and the Department of Justice and Constitutional Development; and targeted acquisition of land in areas that are prone to evictions as well as in areas that are in close proximity to, or are habited by farm dwellers.

02 July 2020 - NW986

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) is the total cost for the approved recapitalisation programme of March 2019, (b)(i) number of commodity organisations were appointed to implement the specified programme and (ii) are the names of such commodity organisations and (c) total amount has each organisation been paid to date; (2) what (a) is the role of the Entsika Foundation in the implementation of the recapitalisation programme and (b) total amount has the specified foundation been paid to date?

Reply:

1. The Recapitalisation and Development Programme (RADP) no longer exists in the Department of Agriculture, Rural Development and Land Reform. The new Land Development Support Programme (LDS) was introduced to implement projects identified under the Stimulus Package. The implementation is done through commodity organisations and some financial institutions. Thus far, 146 farmers have been approved for the Stimulus Package an farms are at different levels of implementation of Business Plans that were compiled with the assistance of Commodity Organisations.

(a) The total cost approved for the LDS policy in March 2019 is R 1 272 686 995,87.

(b)(i) Seven (7).

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

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

(2)(a) The role of Entsika Foundation in the implementation of the LDS programme was to conduct farm assessment, monitoring and evaluation. Entsika Foundation has since completed its work and exited the programme.

(b) The amount of R 143 016 641.12 was paid to the Entsika Foundation.

19 June 2020 - NW1079

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether any budget roll-over was requested by her department (a) in the 2019-20 financial year and (b) since 1 April 2020; if so, what (i) amount has been (aa) requested and (bb) granted and (ii) has the specified fund been used for?

Reply:

(a) Yes.

(i) (aa) R101,3 million.

(bb) R4,9 million.

(ii) Fund was earmarked for payments for capital assets: Upgrade of laboratory infrastructure and equipment.

(b) No rollover was applied for since 1 April 2020.

(i),(aa),(bb),(ii) Falls away.

RURAL DEVELOPMENT AND LAND REFORM (DRDLR):

(a) Yes, a request to roll over unspent funds for the construction of the new head office premises from the 2018/19 financial year to the 2019/20 financial year was submitted to National Treasury.

(i) (aa) 46.7 million.

(bb) None.

(ii0 Not granted.

(b) No.

(i),(aa),(bb),(ii) Falls away.

18 June 2020 - NW1014

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What amount has been (a) made available for drought relief since 1 April 2016 and (b) spent in each province; (2) whether any funds have not been spent; if so, what were the reasons for that; (3) whether her department received any applications from provincial departments for drought-relief funding since 1 January 2020; if so, (a) which provinces applied for drought-relief funding, (b) what amount was requested, (c) what amount was allocated and (d) what was the money spent on?

Reply:

(1)(a),(b) Please refer to Annexure A.

(2) The grant allocations were spent.

(3)(a),(b),(c),(d) Drought relief applications were received from 7 provinces. Table below depicts the amounts applied by each specific province and the allocated amount as well as projects earmarked. Please refer to Annexure B.

ANNEXURE A OF NA-QUES 1014 OF 2020

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

15 June 2020 - NW1013

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she received comments against some of the proposed animals that will be included under section 1(2) of the Meat Safety Act, Act 40 of 2000; if so, (a) what number of comments were received, (b) what number of comments were against the inclusion of some of these animals and (c) by what date will the final list be available?

Reply:

Yes.

(a) The Department has to date received almost 30 000 comments on the draft amendment to schedule 1 of the Meat Safety Act, 2000 (Act No. 40 of 2000).

(b) The analysis of the comments has not begun as the deadline for the comments was extended from the 30th April 2020 to the 30th June 2020 due to interruptions in communications and ability of citizens to respond due the COVID-19 lockdown.

(c) The final list will be compiled with effect from 01 July 2020 and after having looked at the comments made and consulted with relevant stakeholders.

11 June 2020 - NW433

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

What is the Government’s position regarding the agricultural exports to China in light of the current coronavirus pandemic?

Reply:

The Department’s position is that agricultural exports to China will and should continue in line with the existing sanitary and phytosanitary prescripts.

COVID 19 pandemic has not affected the exports of animal and plant products to China.

  • Wool exports are going according to plan and local purchases are still ongoing. The last wool auction as reported by Cape Wool industry was only 0.7% down which is normal. Because of the global uncertainties, with movement restrictions all over the world, the wool prices are expected to temporarily go down. The meat export is still going well to date.
  • Exports of Apples, Table Grapes and Citrus to China is on-going in line with agreed protocols and no changes have been observed since the outbreak of Coronavirus and no restrictions to market access has been observed. Containers are cleared at the ports in China, with no hold ups or delay. All the necessary inspections for Production Units, Packhouses and Inspection Points have been done and approval has been granted by China.
  • With regard to other preclearance or special programmes:

1. Japan-Exports of Citrus and Barlinka Grapes 2) Mexico - Exports of Apples 3) Taiwan - Exports of Apples 4) South Korea - Exports of Citrus – For these markets, there is a requirement for pre-inspections to be conducted in South Africa by inspectors from those countries before consignments leave the South African shores. In an attempt to adhere to the travel restrictions for incoming visitors from high risk countries, the Department proposed to those countries the following:

  • Departmental inspectors who are familiar with the export programme undertake the required preclearance inspections; and
  • provide the necessary reports and records to the importing country.

Feedback is awaited from the trading partners on the proposed alternative inspection protocol.

2. United States of America (USA) – Exports of Flower Bulbs, Apples, Pears, Table Grapes and Citrus- the United States Department of Agriculture (USDA). The USA Preclearance inspector who is based in Cape Town is currently inspecting Table Grapes to USA and the volume has tripled as compared to the past ten years.

With regard to field inspections for Apples, Pears and Citrus, the USDA had granted approval for exports without field inspections. The Department is also in communication with USDA with regards to the intended visit of four (04) USA inspectors who are due to come to South Africa for preclearance of consignments of citrus to be exported to the USA for the current season.

10 June 2020 - NW936

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Breedt, Ms T to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department awarded any tenders connected to the Covid-19 pandemic; if not, what is the position in this regard; if so, what (a) are the names of the businesses to whom these tenders were awarded, (b) are the amounts of each tender awarded and (c) was the service and/or product to be supplied by each business; (2) whether there was any deviation from the standard supply chain management procedures in the awarding of the tenders; if so, (a) why and (b) what are the relevant details in each case; (3) what was the reason for which each specified business was awarded the specified tender; (4) whether she will make a statement on the matter?

Reply:

1. No. The position taken by the Department of Agriculture, Land Reform and Rural Development was to provide a COVID-19 Support Relief to qualifying Small-holder and Communal farmers. This was a grant process where qualifying farmers would be issued a voucher. The department procured Personal Protective Equipment (PPE) through either a price quotation process or Transversal Contracts in line with National Treasury Instruction Note 08 of 2019/2020 and Instruction Note 05 of 2020/2021: Emergency Procurement in Response to the National State of Disaster.

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

2. No.

(a),(b) Falls away.

3. Falls away.

4. No.

01 June 2020 - NW27

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

What programme does her department have in place to support commercial goat farmers?

Reply:

The Department of Agriculture, Land reform and Rural Development does not have any specific programme to support commercial goat farmers.

01 June 2020 - NW826

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

Whether any communal property associations (CPAs) were successful in their land claims and are now leasing land to white farmers; if so, what number of farms are leased by CPAs to white farmers; (2) whether she has found that the CPA is the best model for communal land ownership; if not, does her department intend to review the Communal Property Associations Act, Act 28 of 1996; if so, what is the reason for this?

Reply:

1. Yes. The Department embarked on a process to identify CPAs with properties that are leased to third parties. According to the records of the Directorate of Communal Property Institutions in the Department, there are 505 properties currently leased from CPAs. A service provider is in the process of being appointed to verify this information, amongst other things.

2. Yes. Communal Property Associations are established in terms of an Act of Parliament, to acquire, hold and manage the property on behalf of the members of beneficiary communities. The Department has identified challenges in the functioning of these entities, and therefore, a strategy has been developed to tighten governance systems and other areas that need scrutiny to ensure that CPAs as land and property holding entities are compliant with the regulatory requirements, efficient and functional. Currently, there is no researched evidence which confirms that CPAs are not the best model for communal land ownership.

The Department constantly reviews its legislation to address challenges and enhance its efficacy. The CPA Amendment Bill that was passed by Parliament in December 2018 (currently awaiting assent by the President) provides for the establishment of the Office of the Registrar of Communal Property Associations with the relevant human resource capacity at both national and provincial levels to enforce governance and compliance with the Act.

01 June 2020 - NW825

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

Whether there is a lease agreement between the Dilokwaneng Communal Property Association (CPA) and a certain person (Peter Sabatier); if so, has she found that the Dilokwaneng CPA complied with the Communal Property Associations Act, Act 28 of 1996? NW1028

Reply:

Yes, there is a signed lease. According to the current CPA Chairperson, Ms Mantsha Mosito, the lease was signed by her predecessors before she became the chairperson in 2012. The Department has established from Mr Ryan Sabatier, who signed the contract on behalf of a family company that the lease was signed in 2010, to run for a period of 15 years and will expire in 2025. Mr Sabatier left the company under the control of his father, Mr Peter Sabatier. Both Ms Mosito and Mr Ryan Sabatier confirmed that Mr Peter Sabatier has started to breach terms of the contract. He is no longer paying rent and is sub-letting the farm. Both acts are a violation of the signed contract.

It was reported in the 2018-2019 CPA Annual Report that this CPA was not fully compliant with the Act. During the 2019-2020 financial year, the Department undertook to train 900 Communal Property Associations across the country to assist them to be complaint with the Act, of which this CPA was also targeted since the current committee has been in office since 2012 and are beyond their term of office. The Limpopo PSSC invited them for training in October 2019, however, the committee failed to attend the training.

The Department is continuing with the training to ensure all CPAs are compliant with the Act and undertakes to ensure that this CPA will be assisted.

01 June 2020 - NW650

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

(1) Whether her department distributes food parcels to needy persons; if so, what (a) criteria does her department use to determine which persons qualify to receive food parcels, (b) number of persons received food parcels from her department each day since 1 February 2020, (c) food and other goods does a standard food parcel contain and (d) is the cost of each food parcel; (2) what is the name(s) of the service provider(s) that was contracted to provide food parcels in each province; (3) what are the details of the plans her department has put in place to ensure that more needy persons receive food parcels, especially in light of the national lockdown to combat the COVID-19 pandemic; (4) whether her department took any steps to liaise with and mobilise civil society and businesses to assist her department with hunger relief initiatives; if not, why not; if so, what are the relevant details? NW852E

Reply:

1. The Department of Agriculture, Land Reform and Rural Development (DALRRD) has not distributed food parcels to needy persons as this is the mandate that was undertaken by the Department of Social Development (DSD). DALRRD received food sponsorships from willing partners within the Agriculture sector during this COVID 19 outbreak. The distribution of such sponsored food items was agreed upon with the relevant sponsor, based on their prioritised areas in collaboration with DALRRD.

(a) The food parcels that were sponsored by volunteers within the Agricultural sector were distributed in accordance with the sponsors’ preferences.

(b) DALRRD did not distribute food parcels except those that were received from sponsors of food items [Golden Harvest donated 5 000 fruit and vegetable packs to communities in the Western Cape].

(c) The sponsored packs had fruits and vegetables.

(d) There were no costs to DALRRD as these packs were donated.

(2) What is the name(s) of the service provider(s) that was contracted to provide food parcels in each province;

REPLY:

There were no service providers contracted by DALRRD to provide food parcels in provinces.

(3) What are the details of the plans her department has put in place to ensure that more needy persons receive food parcels, especially in light of the national lockdown to combat the COVID-19 pandemic;

REPLY:

Though the Department of Agriculture, Land Reform and Rural Development (DALRRD) was not directly involved in the distribution of food parcels DALRRD has been monitoring the availability and stability of supply for food in the food value chain and together with its State Owned Entities (SOEs) monitoring the prices of the basic food items using the 28 item Basic Food Basket and the 35 item zero rated food basket. DALRRD has further re-prioritised funding of up to R1.2billion to support small-scale producers that are in production of poultry, vegetables and fruits, livestock and field crops.

(4) Whether her department took any steps to liaise with and mobilise civil society and businesses to assist her department with hunger relief initiatives; if not, why not; if so, what are the relevant details? NW852E

REPLY:

Before the pronouncement of the lockdown by the President the DALRRD Ministry established Task Teams between the Sector Industry partners (from production, processing and retail), its SOEs and Senior Officials in the DALRRD. The Task Team was established to ensure food availability and food price monitoring occurs more frequently than usual. The process of monitoring food availability and stability is being conducted through an End-to-end Agricultural value chain tracker developed in partnership with Industry partners, which is a 24 to 48-hour reporting cycle, this was to address the challenge of panic buying by consumers who would end up using all their money. The prioritised funding to support small-scale producers is specifically in support of COVID 19 as the department has its usual support programmes such as Ilima/Letsema, CASP, LandCare, Land Acquisition Grants that are intended to support all producers.

01 June 2020 - NW544

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Gumbi, Mr HS to ask the Minister of Agriculture, Rural Development and Land Reform

(a) What are the relevant details of the status of the Motumo Trading in Capricorn District Municipality, (b) what is the purpose of the project and (c) on what date will the project be completed?

Reply:

(a) The Department of Agriculture, Land Reform and Rural Development is not aware of this project.

(b),(c) Falls away.

01 June 2020 - NW350

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

In light of the fact that her department presented stimulus package programme for the emerging farmers, wherein 262 farmers are going to be supported through this programme, and the fact that beneficiary farmers were assessed and evaluated by both the Agricultural Research Council and Entsika, what are the (a) details of the Entsika entity in terms of its ability to assess agriculture projects, (b) reasons the Land Bank is being excluded from this process, (c) details of the (i) identified 262 projects in each province and (ii) commodity and ownership structure of each project and (d) update on the beneficiary selection process or policy; (2) whether the policy was used to select the farmers; if not, why was the policy and/or the process not applied?

Reply:

1. (a) Entsika was appointed as part of the consortium which had technical agricultural experts to analyses the agricultural projects.

(b) The Land Bank did not submit a proposal from the advertised bid.

(c) (i),(ii) See Annexure A.

(d) Cabinet approved the Beneficiary Selection and Land Allocation Policy for publication in the government gazette for public comments which ended on 3 March 2020.

2 No. Commercial viability was used as one of the criteria for selection of stimulus package projects.

22 May 2020 - NW473

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

What is the total number of farms and/or land parcels that her department purchased in the Sarah Baartman District Municipality; (2) whether any other state-owned and/or government department (a) bought and/or (b) owns land in the specified district municipality; if so, (i) what are the details of each state-owned entity and/or department that purchased or owns land, (ii) under which programme has the land been purchased, (iii) in which year has it been purchased, (iv) what is the size of each piece of land, (v) who is the current owner and/or beneficiary on each farm and (vi) what are the details of the current use of the land; (3) whether a lease agreement exist on each land parcel; if not, what is the position in this regard; if so, on which parcels were title deeds handed over?

Reply:

1. 287

2. (a), (b) Yes.

(i), (ii), (iii), (iv),(v),(vi) See attached Annexure A.

3. See Annexure A.

22 May 2020 - NW368

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department has any programmes to support commercial goat farmers in the (a) Chris Hani and (b) OR Tambo District Municipalities in the Eastern Cape; if not, what is the position in this regard; if so, what are the relevant details in each case?

Reply:

(a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) does not have national programme to support commercial goat farmers in the (a) Chris Hani and (b) OR Tambo District Municipalities in the Eastern Cape.

However, the Eastern Cape Provincial Department of Rural Development and Agrarian Reform (DRDAR) provides technical, advisory and veterinary support to goat farmers in the province of the Eastern Cape. Furthermore the DRDDAR in collaboration with the University of Fort Hare are improving local goat production through research and goat development programme.

Improved goats are distributed to local goat farmers under DRDAR Livestock Production Improvement programme in order to improve food security through goat production in communities.

22 May 2020 - NW382

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Ndlozi, Dr MQ to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she will meet the residents and the community of Ward 8, Moyeni Location, in Nyandeni Local Municipality to listen to their plight to avoid criminalisation of land activists?

Reply:

No. The Minister and the Department have not been provided with any request or information that justifies the Minister’s meeting with residents of Ward 8 in Nyandeni Local Municipality.

22 May 2020 - NW381

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department is investigating the allegations of corruption and unlawful evictions of the residents of erf 90 in Nyandeni Local Municipality Ward 8, Moyeni Location; if not, why not; if so, what assistance is her department giving to the residents of Ward 8 in Moyeni Location?

Reply:

No. No allegations of corruption and unlawful eviction have been reported to the Minister or the Department in this regard.

22 May 2020 - NW471

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether (a) her department and (b) any lessees on state land owe money to the Great Fish River Water Association; if so, (i) what amount is outstanding, (ii) from what date has it been outstanding and (iii) on what date will it be paid?

Reply:

(a)  Yes, water use charge is regarded as a charge on land. However, where land is leased on a long-term basis, such liability gets passed to the lessee. In the event where the lessee fails to pay, the Department’s Policy provides for the possibility of stepping in to settle the debt and then recover the amount spent from the lessee.

(b)  Yes, in the context of the response to (a) above.

(i)  The estimation was R20, 438, 725.82 as at 20 March 2020.

(ii) From 2014.

(iii) The Department is working with the Great Fish River Water Association to reconcile the invoices and make payment as soon as that process is concluded.

22 May 2020 - NW586

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Montwedi, Mr Mk to ask the Minister of Agriculture, Rural Development and Land Reform

What measures has she put in place to support farmers through the Recapitalisation and Development Programme given that some farmers have already missed planting crops for the previous season?

Reply:

None. The Recapitalisation and Development Programme doesn’t exist in the Department of Agriculture, Rural Development and Land Reform.