Questions and Replies
13 November 2020 - NW2610
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
Whether, with reference to the suffering of animals during live export and given that the Muslim Judicial Council has stated that live export violates the tayyib (clean and pure) requirements and standards needed for Halaal certification, thereby making the live animals unfit for religious purposes and in light of the fact that prior to 2019, chilled carcasses were exported in order to ensure food security in the importing country and provide revenue generation for emerging farmers, she will acknowledge that live export excludes all downstream processing industries and the jobs that this supports; if not, what is the position in this regard; if so, what are the reasons that her department is supporting live export?
Reply:
The department has not made any finding that the animals suffer during live export. The transportation of live animals by sea, if done in compliance to animal welfare and health requirements, does not pose any more challenges to the animals than it would be the case when the animals are kept on a farm or feedlot.
The Muslim Judicial Council has not submitted any statement on live animal exports to the department and therefore the department is not in a position to respond to the question until we have received the statement and studied it.
Access to mainstream markets is the heartbeat of agribusinesses. Ability of smallholder farmers to secure supply contracts for animals at export parity prices is an affirmation to the competitiveness of agribusinesses exporting the animals. In this instance, downstream value chain actors such as abattoirs will need to procure raw material at export parity prices. It is unfair and unjust expectation for smallholder farmers to sell animals at lower than export parity prices with the intention to accommodate downstream activities. Inclusive economic growth of the sector that significantly contributes to job creation and reduction of poverty is directly linked to the competitive performance of agribusinesses.
13 November 2020 - NW2611
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
With reference to the judgment by the Eastern Cape High Court, Grahamstown (details furnished), on 25 August 2020, the conditions that were required to be filled prior to departure included that a reduced number of sheep may be exported live to the Middle East and her department to monitor and ensure compliance with the guidelines of the World Organisation for Animal Health, what are the relevant details of how her department, within the time period of less than a week between the specified judgment and departure, complied with all the responsibilities of the Competent Authority, including the monitoring and evaluation of all 50 000 sheep at the point of loading; (2) what are the relevant details of how her department ensured that (a) the animals were housed and loaded correctly, including protecting them from adverse weather and minimising stress, by parties competent in the humane handling and care of animals, (b) minimum standards were set for the welfare of the animals while on board, at the end of the journey and in case of emergencies, (c) there was sufficient equipment and medication on board, including enough facilities, as well as competent handlers and vets and (d) the animals were given sufficient time to adjust to a novel diet they would receive on the ship?
Reply:
(1) The judgement by the Eastern Cape High Court instructed the Department Agriculture, Land Reform and Rural Development (DALRRD) to monitor the loading of the sheep and ensure that the exportation is in line with the animal welfare chapter of the Terrestrial Animal Code of the World Health Organisation for Animal Health (OIE).
Two Department of Agriculture, Land Reform and Rural Development (DALRRD) employed veterinarians, two Eastern Cape Department of Rural Development and Agrarian Reform (DRDAR) employed veterinarians and a DALRRD employed Animal Health Technician participated in the monitoring exercise. One DALRRD veterinarian and one DRDAR veterinarian monitored the loading at the East London harbour and the rest were monitoring the loading at the Castledale feedlot in Berlin.
The judgement also required that the officials submit affidavits to the Registrar of the Animal Improvement Act within a day of completion of the loading. This was done and the Registrar acknowledged receipt of the affidavits. The affidavits were also lodged with the Eastern Cape High Court as required.
(2) As indicated in the response to question one, five government officials participated in the monitoring of the loading exercise both at the feedlot and the harbour. This monitoring exercise was part of ensuring that the loading is done correctly and in line with the court judgement.
12 November 2020 - NW1797
Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development
Whether, (a) with reference to the 2019-20 Annual Report of the Ingonyama Trust Board (ITB) which showed that there is no evidence which confirms that traditional communities on trust land have actually benefited from the increase in revenue as a result of converting Permissions To Occupy to leases and (b) in response to the Portfolio Committee on Agriculture, Land Reform and Rural Development the Chairperson of the ITB, (name furnished) said the funds were held in trust, her department has taken any steps to ensure that the rightful beneficiaries of the trust receive clinics, schools, electricity, water, good roads and other basic service needs from the proceeds of the rentals on their land; if not, what is her department’s position in this regard; if so, what (i) steps has her department taken and (ii) benefits have accrued to the beneficiaries in the past five years?
Reply:
a) No.The Auditor-General has not yet concluded the audit of the ITB for 2019/20 Financial Year.
b) No.The provision of schools, clinics, water, electricity, roads and other basic services remains the primary obligation of government and are not catered for in the Ingonyama Trust Act.
(i),(ii) Falls away.
12 November 2020 - NW1492
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
Whether any persons employed in the National Geomatics and Management Services of her department have been suspended (a) in each of the past three financial years and/or (b) since 1 April 2020; if so, what are the relevant details in each case, including (i) the reason for suspension, (ii) the date on which suspension (aa) was instituted and (bb) ended, (iii) whether the specified employee received full remuneration during the suspension and (iv) the duration of each disciplinary hearing conducted; (2) whether her department has a policy on the turnaround time for conducting disciplinary hearings; if so, what are the relevant details?
Reply:
1. (a) 2017-2018: Yes.
2018-2019: No
2019-2020: No
(b) Since 1 April 2020: No.
(a),(b),(i),(ii)(aa),(bb)(iii),(iv) Please refer to the table below.
|
(i) |
(ii)(aa) |
(ii)(bb) |
(iii) |
(iv) |
||
|
No |
Name |
Reasons for suspension (type of misconduct) |
Date of suspension |
Date uplifted |
Full pay (Y/N) |
Duration |
|
1. |
Chief Surveyor-General |
Possible interference (irregularities in the handling of project) |
11 May 2017 |
Still on suspension |
Yes |
36 months (Commenced 31 July 2017) |
|
2. |
Chief Director Cadastral Spatial Information |
Possible interference (irregularities in the handling of project) |
10 May 2017 |
4 Nov 2019 |
Yes |
36 months (Commenced 17 July 2017) |
(2) Yes, the Departmental Disciplinary Policy. Disciplinary hearingsmust be held within 30 to 60 days from the date of suspension, depending on the complexity of the matter and length of the investigation.
11 November 2020 - NW2582
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
With reference to the reported facilitation of the lifting of the livestock ban between South Africa and Kuwait by the Eastern Cape Development Corporation, (a) what was the reason for the ban and/or moratorium that had been in place and applied to livestock in the Eastern Cape for more than a decade (details furnished) and (b) on what grounds was the ban or moratorium lifted?
Reply:
(a) There has never been a livestock ban and/or moratorium between South Africa and Kuwait, which has been in place and applied to livestock in the Eastern Cape for more than a decade or any similar period. The only ban related to livestock and Kuwait was the court order that was granted to the NSPCA on the 09th June 2020 to ban the exportation of live animals from South Africa to the Middle East. The judgement was subsequently reversed in August 2020 through an appeal lodged by the exporter.
(b) There was no livestock ban or moratorium between South Africa and Kuwait.
30 October 2020 - NW1786
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development
Whether, in view of several job fund schemes that were agreed to with certain commodities groups (names furnished) with the Land Bank providing additional funding and with the Land Bank’s liquidity challenges, she will provide details of (a) her efforts to ensure that emerging beneficiaries who are targeted to receive the intended support do receive the supportand (b) on what date will the Land Bank resume lending to the farmers?
Reply:
(a) The Minister is aware that some commodity groups applied on their own to the Jobs Fund with the Land Bank agreeing to provide additional funding as per their agreement. However, the department was not party to most of those agreements nor was asked to intervene in anyway.
(b) The Minister is not aware of when the Land Bank will resume landing as she has not been advised by the board or management.
30 October 2020 - NW1726
Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development
How many hectares of land does the Ingonyama Trust own in KwaZulu-Natal; (2) what percentage of the specified land is considered viable for (a) agriculture, (b) livestock and (c) crop farming in particular; (3) how many hectares of the land is currently being used for (a) subsistence farming and (b) commercial farming; (4) what mechanisms are currently in place to allow occupants of Ingonyama Trust Board land to gain access to financing from (a) the Government and/or (b) commercial banks for agricultural purposes; (5) whether she has found that female farmers have equal access to land rights on Ingonyama Trust Board land as men; if not, why not; if so, what are the relevant details?
Reply:
(1) Approximately 2.8million hectares.
(2)(a),(b),(c) No study has been conducted to determine the viability of land.
(3)(a),(b) The Ingonyama Trust Board has not conducted any audit regarding the extent of land being used for subsistence or commercial farming.
(4)(a),(b) The Lease Tenure Instrument issued by the Ingonyama Trust Board (ITB) is accepted by all financial institutions, but has no influence on the funding criteria used by government and/ or commercial banks for agricultural projects.
(5) According to the information from the ITB, Yes every farmer has equal access to ITB land regardless of the gender.
30 October 2020 - NW2365
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and RuralDevelopment
What total number of farmers received loans with the backing of the R200billion guarantee scheme announced by the President of the Republic, Mr M C Ramaphosa, to fight the effects of Covid-19?
Reply:
The Department of Agriculture, Land Reform and Rural Development does not grant loans to farmers and is therefore unaware which farmers received loans from the said amount.
30 October 2020 - NW2299
Singh, Mr N to ask the Minister of Agriculture, Land Reform and Rural Development
Whether she will explain why the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA) who is mandated in terms of the Animals Protection Act, Act 71 of 1962, to support the SA Police Service in enforcing legislation that protects and prevents cruelty to animals, is not funded directly by the Government, but has to rely on funding from the National Lottery and private organisations; if not, what is the position in this regard; if so, what are the full relevant details; (2) whether her department is considering a more direct budget-related funding model so as to ensure that the NSPCA can fulfil its lawfully mandated tasks; if not, what is the position in this regard; if so, what are the full relevant details? NW2871E
Reply:
1. The Society for the Prevention of Cruelty to Animals Act, 1993 [No. 169 of 1993] which is the founding legislation which covers the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA) provides for control of societies for the prevention of cruelty to animals, and for matters connected therewith. These societies are non-profit organizations and through this Act are enabled to collect contributions or raise funds country-wide in any lawful manner; and may receive financial grants from public funds and accept donations and bequests from any person or estatesubject to the provisions of, and as contemplated in, the Fundraising Act, 1978 (Act No. 107 of 1978). The NSPCA has been sustaining itself through revenue streams which are provided for within the Act.
2. No.The Department of Agriculture, Land Reform and Rural Development is not considering direct budget allocations to the NSPCA. The Department is currently working on legislation that will also empower government officials to enforce the Act.
30 October 2020 - NW2227
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development
Whether she has been informed of any officials in her department who are still doing business with her department since 3 August 2020; if not, what is the position in this regard; if so, (2) whether she will furnish Mr N P Masipa witha list of all the officials who are still doing business with her department; if not, what is the position in this regard; if so, what (a) are the relevant details and (b) is the value of each contract?
Reply:
1. Yes, I havebeen informed that the Auditor-General South Africa identified three officials during its preliminary audit processes. This audit has not yet been finalised. Once the audit has been finalised, normal government processes will be applied in dealing with the alleged contravention of the law.
2. Yes, the details will be shared once the audit has been finalised by the Auditor General of South Africa.
(a),(b) Falls away.
30 October 2020 - NW2189
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
What are the full details of the persons who are the delegated officials with regard to the Subdivision of Agricultural Land Act, Act 70 of 1970?
Reply:
The delegations in terms of the Subdivision of Agricultural Land Act, No 70 of 1970 are attached to official posts and not persons. This has been purposefully provided to accommodate any changes arising from resignation and movement of officials without impacting on service delivery. Delegations are assigned to the posts of Director, Chief Director and Deputy Director-General levels as per table below:
|
SECTION |
TYPE OF POWER |
POSITION TO WHICH POWERS ARE DELEGATED |
|
1(f) of the definition of agricultural land |
To determine which land the Minister may after consultation with the executive committee concerned and by notice in the Gazette exclude |
Non delegable. |
|
3 (a-e) |
To consent in writing that an action regarding subdivision of agricultural land which is otherwise prohibited, may be executed. |
Chief Director: Natural Resources and Disaster Management. |
|
3 (f) |
To consent in writing that an action regarding establishment of a township or enlargement of activities other than agriculture which is otherwise prohibited, may be permitted. |
Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management. |
|
3(g) |
To provide consent in writing regarding public notice to the effect that a scheme relating to agricultural land or any portion thereof has been prepared or submitted under the ordinance in question. |
Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management. |
|
4(1)(a)(ii) |
To determine the place, form, plans and documentation which must accompany the application for the purpose of section 3 of the act. |
Director: Land and Soil Management. |
|
4(2) |
To refuse or grant any such application on such conditions. |
Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management. |
|
4(3) |
To enforce a condition in terms of section 4 (2.) |
Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management. |
|
4(4) |
To vary or withdraw any condition imposed by section 4 (2)(b), and if it has been registered against the title deed of the land, direct that it is varied or cancelled. |
Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resourcesand Disaster Management |
|
6A (1) (a) (aA) (b) (2) |
To give consent for the registration of servitudes over agricultural land and subdivision. |
Chief Director: Natural Resources and Disaster Management. |
|
7 |
To authorise any person to enter upon any land at all reasonable times to carry out thereon investigations or to perform thereon such other acts as are necessary for achieving the objectives of the Act. |
Director: Land Use and Soil Management |
|
10 |
Regulations |
Non delegable |
30 October 2020 - NW1925
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and RuralDevelopment
What (a) is her department doing to ensure 2019 winners of Youth in Agriculture, Forestry and Fisheries Awards (i) receive their prize money and (ii) on what date will the prize money be paid out and (b) what has been the cause for the delay in paying out the prize money to the winners?
Reply:
(a)(i) It is regrettable that of the 8 winners,5 will not receive their prize money. The Department of Agriculture, Land Reform and Rural Development sought approval from National Treasury for the shifting of funds to effect payment of the prize money, but the request was declined and National Treasury further advised the Department to discontinue annual prize awards hosted by the Department due to fiscal constraints. Therefore, the Department is in the process of procuring agricultural equipment and production inputs for the remaining 5 winners of the 2019 #Youth in Agriculture, Forestry and Fisheries Awards (YAFF) who did not receive prize money. Of the 5 outstanding prize payments, one of the winners already received his equipment on 19 August 2020.
(ii) No prize money will be paid out to the remaining winners; instead they will receive equipment and agricultural production inputs. The procurement processfor equipment and agricultural production inputs for the remaining 4 winners is at an advanced stage and the Department anticipates concluding the procurement process for the remaining winners by 30 November 2020.
(b) Falls away. Please refer to (a)(i) above.
27 October 2020 - NW1804
Msane, Ms TP to ask the Minister of Agriculture, Land Reform and Rural Development
What total number of black farmers have received assistance to get licensed and establish reputable farms with complete infrastructure and international exposure in the cannabis industry for medicinal use, which stands to be worth more than R30 billion by 2030?
Reply:
None.
27 October 2020 - NW1729
Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development
Whether her department has taken any steps to ensure that the Ingonyama Trust adheres to section 2(5) of the KwaZulu-Natal Ingonyama Trust Act, Act 3KZ of 1994, which prohibits it from leasing, encumbering, pledging, alienating and/or disposing of any land under its custodianship without the prior written consent of the traditional authority and/or community authority; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
Yes, the Minister has taken steps to improve governance in the affairs of the Board. The Department is finalizing a Shareholder Compact with the Ingonyama Trust Board (ITB) to enhance accountability of the ITB to ensure compliance with the KwaZulu-Natal Ingonyama Trust Act, 1994 (Act No. 3 of 1994).
27 October 2020 - NW1727
Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development
What (a) total amount has the Ingonyama Trust (IT) invested in agriculture since 1 January 2010 and (b) are the relevant details of the projects in which the IT invested?
Reply:
a) he Ingonyama Trust (IT) is not an investor in Agriculture as it holds monies in trust on behalf of tribes and communities.
b) Falls away.
15 October 2020 - NW1583
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
Whether her department transferred the R100 million Covid-19 agricultural support funding to the Land Bank; if not, why not; if so, (a) on what date was the funding transferred and (b) what criteria and/or conditions are attached for the use of this fund?
Reply:
Yes.
(a) 06August 2020.
(b) The R100 million grant funding from the Department of Agriculture, Land Reform and Rural Development (DALRRD) will be applied for loan instalment waiver of no more than one annual instalments due per client whose business operations have experienced distress due to the impacts of COVID-19 and associated intervention measures implemented by government. This concession will be applicable for distress for the period starting on 1 April to 31 December 2020 for instalments due.
Each beneficiary is eligible for amounts ranging from R500 000 to R1.5 million per client for qualifying farming legalentities or individuals including related parties. The applicant must complete and submit a grant funding application form with the required supporting documentation.The application period commencesfrom the date of announcement and will close after onemonthto allow time for submission and collection of required information by clients.
The following are not eligible for Covid-19 agricultural support funding:
- Distressed accounts prior to April 2020;
- Distressed accounts due to reasons other than Covid-19 are excluded fromthis supportbut may apply using normal Land Bank criteria;
- Non-Land Bank clients; and
- This intervention will not extend the loan tenure nor interest burden to the entitiessupported through this intervention.
14 October 2020 - NW2129
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
What is the current status of land claim LCC 37 / 2018; (2) whether she has been informed that the claim was originally gazetted in the 1997-98 financial year and again in June 2014; if not, what is the position in this regard; if so, what is the reason for the specified claim not being finalised; (3) whether she has been informed that the current owner could not develop this land since the land claim was gazetted in 1997; (4) (a) what are the relevant details of the persons who are beneficiaries of this land claim and (b) will she furnish Mrs A Steyn with the research document for the claim?
Reply:
1. The current land owner referred the matter to court towards the end of 2018 as he did not accept the offer that was presented by the Office of the Valuer General. The Office of the Valuer General informed the Regional Land Claims Commissioner that a new valuer should be appointed, as the original valuation did not take into account Section 25 Subsection 3 of the Constitution. The office has since appointed a valuer.
2. Yes, the claim was gazetted in 1997-1998 financial year and gazetted in 2014. The 1997-1998 gazette was based on the Rule 3 Research Report of the Commission. Further investigation had to be conducted in terms of Rule 5, and that led to the gazette of 2014;
The claim has not been finalised. The office had the following delays in settlement of the claim:
- The Tsitsikamma Development Trust (TDT) was formed on the 9th March 1994 with the assistance of the Legal Resources Centre (LRS), to coordinate and manage the affairs of all the land that was dispossessed from AmaMfengu. It was during this time when the then Department of Land Affairs gave some farms to the community through what was known as Allocation Advisory Commission on Land (ACLA). The properties were registered to the Tsitsikama Development Trust.
- Community verification: some members of community not in agreement on the actual number of Originally Dispossessed Individual families.
- Board of Trustees: legal timeframe lapsed for elections of the new board of trustees and tensions between community and Tsitsikama Development Trust made it difficult for the office to process the claim
- Multiple Executive Committees: many community representative structures were formed as the Tsitsikama Development Trust was no longer regarded as a legitimate structure, thus the office not allowed by the community and Trust of Deeds Act to engage with the Tsitsikama Development Trust.
3. No
4. (a) The beneficiaries are the Amamfengu Community
(b) Yes, the report will be made available.
14 October 2020 - NW1601
Winkler, Ms HS to ask the Minister of Agriculture, Land Reform and Rural Development
Whether all captive-bred wildlife will be open to farming for slaughter and consumption; if not, what is the position in this regard; if so, what are the further relevant details?
Reply:
The Meat Safety Act, 2000 (Act No. 40 of 2000) (“the Act”) does not prescribe which animals are to be farmed or slaughtered for consumption.However, it promotes the safety of the products and welfare of the animals listed under Schedule 1 of the Act. The afore-mentioned applies, irrespective of whether the animal is a conventional farm animal, game or wild animal, and regardless of whether game or wild animals originate from a captive-bred facility or from a natural system.
The Act provides for measures to:
- promote meat safety and the safety of animal products;
- establish and maintain essential national standards in respect of abattoirs;
- regulate the importation and exportation of meat;
- establish meat safety schemes; and
- provide for matters connected therewith.
The Department has made a proposal to amend Schedule 1 of the Meat Safety Act, which contains a list of animals to which the Act applies. The schedule proposes the expansion of the list of animals to which the Act applies, in order to ensure that where animals are slaughtered for human or animal consumption, these are slaughtered in a hygienic manner and animal welfare is observed.
29 September 2020 - NW1675
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
With reference to her reply to question 1283 on 2 July 2020, (a) what are the reasons why the amounts were not spent as planned and (b)(i) what was the target for each programme and (ii) how did the under expenditure affect each target; (2) what is the current balance of the Agricultural Land Holdings account?
Reply:
(1)(a),(b),(i),(ii) Please refer to the table below
|
Programme |
Amount (Rands) |
|
(b)(i) Specify Targets per prog to which these amounts were allocated |
(b)(ii) Impact of the under-expenditure on each planned target |
|
Programme 5: Land Reform |
R147 600 000 |
Delays are attributable to administrative requirements and the required concurrence from the Minister of Finance which was only obtained in the third week of December 2019. In addition, the Department observed that the infrastructure component in project Business Plans was inflated and thus had to enlist the assistance of Engineers from both former Departments of Rural Development and Land Reform (DRDLR) and Agriculture, Forestry and Fisheries (DAFF) to conduct infrastructure assessments on the approved farms during February and March 2020 in order to avert fruitless and wasteful expenditure |
The target for the Land Development Support programme was to support 162 emerging farmers. |
The under-expenditure led to transfer of funds to fewer projects than the number that was approved during the 2019/2020 Financial Year. |
|
Programme5: Agricultural Land Holdings Account (ALHA) |
R923 000 000 |
|||
|
Programme 1: Administration |
R129 400 000 |
Delays in receiving Minister of Finance’s concurrence to commence with construction of the new national office premises. |
Construction of the new office accommodation |
The impact of delays on the project will result in the project becoming unaffordable for the Department. |
|
Programme 3: Rural Development |
R100 000 000 |
Infrastructure projects in the pipeline were not ready for capital works due to planning and design delays that had to be altered to in line with priority shift towards FPSUs. |
To support 27 Farmer Production Units; To support 122 infrastructure projects; To provide 1979 skills development opportunities provided in rural development initiatives |
Set targets for the fiscal year were achieved. This under expenditure did not affect the targets. |
2. R 1 181 996 601.53
29 September 2020 - NW2158
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and RuralDevelopment
Whether she will furnish Mr N P Masipa with a list of appointed service providers to supply (a) Covid-19 Relief Fund Vouchers and (b) any other goods and/or services related to Covid-19 for the small-scale farmers; if not, why not; if so, (2) whether there were any regulations regarding the mark-up; if not, why not; if so, what (a) are the details of how the prices of goods and/or services were determined and (b) was the agreed rate with the National Treasury and her department?
Reply:
1. Yes.
(a) The special paper for COVID-19 Relief Fund vouchers was procured from Government Printing Works.
(b) Please refer to the table below:
|
No |
Supplier Name |
Product |
|
1 |
Black Dot Property Consultants (Pty) Ltd |
Mask Surgical 3 ply |
|
2 |
Healthcare Waste Services (Pty) Ltd |
Hygiene Soap 175g Bar |
|
3 |
Imvukuzane Trading (Pty) Ltd |
Cloth Mask |
(2)(a)There were no regulations regarding the mark-up in relation to the production inputs. This is due to the fact that the Department did not appoint suppliers for the agricultural production inputs but had rather compiled a supplier list from where qualifying farmers can redeem their vouchers. In relation to the PPEs, there was no mark-up but National Treasury issued National Treasury Instruction Notes 08 of 2019/2020 dated 19 March 2020 and 05 of 2020/2021.Thementioned instruction notes placed price benchmarks for departments to adhere to.
(b) With regards to the procurement of PPEs, the Department had to comply with the National Treasury Instruction Notes 08 of 2019/2020 dated 19 March 2020 and 05 of 2020/2021. Thementioned instruction notes placed price benchmarks for departments to adhere to.
29 September 2020 - NW1785
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development
Whether, in light of her department not extending the four-month national state of disaster beyond 4 July 2020, she will provide details of the (a) consultations that took place with both the provinces and the agri-businesses affected by drought in this regard, (b) prevailing climatic conditions, land care report and veld management conditions that guided the termination of the national state of disaster whilst many provinces are still grappling with the disaster and (c) dam levels of the drought-affected provinces; (2) whether she has found that the prevailing conditions are conducive for productive farming; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
(1)(a) Yes.Though the declaration (termination or extension thereof) of a national state of disaster lies with the Ministry of Cooperative Governance and Traditional Affairs (CoGTA), consultations were made with all relevant sectors. It was agreed that while implementing drought assistance to the affected provinces, it is also timely to implement adaptation as drought seems to be a frequently recurring if not permanent feature currently. As such, sectors should move towards strengthening adaptation and mitigation strategies so that farmers can be resilient to withstand future droughts. It is also important to note that the drought funds allocated to provinces that they had applied for, they are currently implementing, despite the national state of disaster terminated.
(b) In terms of the prevailing conditions, winter rainfall areas received a mixture of normal to above normal rainfall in June and the beginning of July. Water restrictions remain in place in some provinces while the average level of major dams has increased in most parts of the country. The veld is generally in reasonable condition in many summer rainfall areas. However, farmers are encouraged to supplement feed for their livestock. Livestock is in fair to good condition. Veld fires have been reported in some provinces and farmers were advised to be on the lookout for warnings to stop the outbreaks and spread.
Comparing the vegetation to long-term average, the Normalized Vegetation Index (NDVI) difference map for June shows that vegetation activity was much lower over the western and northern parts of the country while central parts experienced much higher vegetation activity.In summary, seasonal rainfall forecast is anticipated to be above normal in early spring over the south-western and southern parts of South Africa as well as during spring over the eastern parts and south-western parts of South Africa. The monthly advisories issued by Department of Agriculture, Land Reform and Rural Development (DALRRD) encouraged farmers to continually check updated advisories, seasonal forecasts and utilize 7 day weather forecasts for short term planning.
(c) Information received from the Department of Water and Sanitation showed that in most provinces dam levels are either similar or higher compared to July of 2019 and 2020 including the drought-affected provinces.
2. The decision to terminate or extend the national state of a disaster lies with the Ministry of Cooperative Governance and Traditional Affairs (CoGTA) in consultation with relevant experts; therefore, the Minister of CoGTA is best placed to respond to this part. The consensus reached is that the country, after considering all facts needed to strengthen implementation of risk reduction strategies.
07 September 2020 - NW1600
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 - NW1282
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:
- Implemented: 39
- Await implementation: 20
(c) Please refer to Annexure A.
ANNEXURE A OF NA-QUES 1282 OF 2020
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MINISTEROF RURAL DEVELOPMENT AND LAND REFORM:2017/2018 |
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|
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. |
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MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES:2017/2018 |
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|
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. |
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MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: 2018/2019 |
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|
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 |
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MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: 2018/2019 |
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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 |
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|
No. |
(b) Case details |
(i),(ii)Status of implementation |
|
|
|
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 |
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MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: SINCE APRIL 2020 |
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|
(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. |
07 September 2020 - NW1491
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.
26 August 2020 - NW1410
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 - NW1375
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 - NW1656
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 - NW1381
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 - NW1380
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 - NW1379
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 - NW1378
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.
06 August 2020 - NW1377
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 - NW1376
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 - NW1374
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 - NW1373
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.
05 August 2020 - NW1396
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 - NW862
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.
04 August 2020 - NW1493
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 |
03 August 2020 - NW1584
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 - NW1320
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.
22 July 2020 - NW1395
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.
09 July 2020 - NW1397
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
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
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 |
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
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
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
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
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
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 - NW986
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.