Rural Development & Land Reform

2010-08-23

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QUESTION 3570

INTERNAL QUESTION PAPER [No 39-2010]

DATE OF PUBLICATION: 26 November 2010

3570. Mr M A Nhanha (Cope) to ask the Minister of Rural Development and Land Reform:

(1) Whether, with reference to his reply to question 2078 on 16 November 2009, he has launched any further forensic investigations into fruitless and wasteful expenditure on Gorah farm; if not, why not; if so, what is the outcome of the investigation;

(2) whether he has taken any action against any officials that were found to be responsible for fruitless and wasteful expenditure; if not, why not; if so, what action;

(3) whether the Gorah land reform project is still running; if not, why not; if so, what are the relevant details? NW4410E

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) No. An exhaustive forensic investigation was conducted by PricewaterhouseCoopers who recommended the institution of disciplinary and civil action against the responsible officials.

(2) Yes. Disciplinary hearings were held and finalised against the two officials. They were found guilty on charges relating to negligence, non-compliance with statutory, regulatory (policy) and procedural aspects and not guilty on dishonesty, with a sanction of a final written warning and suspension of salary for three months. The Department is in the process of implementing the sanctions.

(3) Yes, the land reform project on Gorah farm is still running. Carrots, potatoes, beetroot, spinach and sweet potatoes were planted and all crops with the exception of sweet potatoes were recently harvested. The land is being prepared for the January 2011 planting season.

QUESTION 3282

INTERNAL QUESTION PAPER [No 37 – 2010]

DATE OF PUBLICATION: 12 November 2010

3282. Mr M Waters (DA) to ask the Minister of Rural Development and Land Reform:

(a) What are the reasons for a certain person (name furnished) leaving his department, (b)(i) for what period was the acting chief land claims commissioner appointed and (ii) what process was followed in respect of this appointment and (c) what are the details regarding the appointment of a new chief land claims commissioner? NW4100E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(a) Mr A M Mphela resigned from the Department of Rural Development and Land Reform with effect from 31 July 2010.

(b) (i) Mr S S Gamede was appointed with effect from 1 August 2010 as the Acting

Chief Land Claims Commissioner for a period of six months.

(ii) Mr Gamede was appointed to the acting position as he is the Deputy Chief Land Claims Commissioner.

QUESTION 3259

INTERNAL QUESTION PAPER [No 37-2010]

DATE OF PUBLICATION: 12 November 2010

3259. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

What percentage of his department's budget was spent on buying land in each of the past 5 financial years for which information is available? NW4075E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

FINANCIAL YEAR	TOTAL LAND COST	ANNUAL APPROPRIATION	PERCENTAGE
2009-2010	R3 016 492 849	R6 391 091 000	47%
2008-2009	R3 724 882 838	R6 659 396 000	56%
2007-2008	R3 614 136 020	R5 928 269 000	61%
2006-2007	R2 406 372 758	R3 730 196 000	65%
2005-2006	R2 006 811 000	R3 897 117 000	51%

QUESTION 3235

INTERNAL QUESTION PAPER [No 37-2010]

DATE OF PUBLICATION: 12 November 2010

3235. Ms L D Mazibuko (DA) to ask the Minister of Rural Development and Land Reform:

What is the (a) total cost and (b) number of copies of each (i) annual report and (ii) report on strategic plans that was produced by (aa) his department and (bb) any of its entities in the 2009-10 financial year? NW4050E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

	(i) Annual Report			(ii) Strategic Plans
	(aa)	(bb)		(aa)	(bb)
	DRDLR	CRLR	ITB	DRDLR	CRLR	ITB
(a)Total Cost	R428 038.99	R72 838.20	R76 928.34	*R165 194.86		R5 685.18
(b) No of Copies	3000 1000 CDs	1400	3000	*6500		600

DRDLR: Department of Rural Development and Land Reform

CRLR: Commission on Restitution of Land Rights

ITB: Ingonyama Trust Board

* The Commission on Restitution of Land Rights incurred no cost for its Strategic Plan as it was incorporated in the Department of Rural Development and Land Reform's Strategic Plan.

QUESTION 3081

(INTERDEPARTMENTAL TRANSFER ON 09 DECEMBER 2010)

INTERNAL QUESTION PAPER [No 34-2010]

DATE OF PUBLICATION: 29 October 2010

3081. Mr P F Smith (IFP) to ask the Minister of Rural Development and land Reform:

(1) Whether the Proactive Land Acquisition Strategy (PLAS) favours or requires the acquisition of farms by cooperatives over individual farmers; if so, what informs this policy;

(2) whether any individual farmers have been refused assistance unless they applied with others as cooperatives; if not, what is the position in this regard; if so, what are the relevant details;

(3) whether the implementation of the policy promotes viable commercial farming; if not, why not; if so, what are the relevant details? NW3806E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) No.

(2) No. The Proactive Land Acquisition Strategy (PLAS) assists both individuals and groups that form a legal entity. PLAS has a renewed focus to ensure that land acquired by the state for land reform is both sustainable and strategically placed to ensure national food security.

(3) Yes. The Department has introduced the Recapitalisation and Development Programme (RADP), whose objectives include the following:

- ensure an increase in production, especially on land reform farms;

- guarantee food security;

- graduate small farmers into commercial farmers;

- create employment opportunities within the agricultural sector; and

- establish rural development monitors.

The RADP consists of two functions: recapitalisation and development. The RaDP is sustained by the Recapitalisation and Development Fund (RDF), created from 25% of the baseline land reform budget per annum. Funding may also be derived from strategic partners for particular projects. The Department will take an active role in monitoring, compliance and setting up proper financial controls to ensure that funds are spent in accordance with the RADP framework and PFMA.

QUESTION 3043

INTERNAL QUESTION PAPER [No 34-2010]
DATE OF PUBLICATION: 29 October 2010

3043. Ms L D Mazibuko (DA) to ask the Minister of Rural Development and Land Reform:

How many (a) leaseholds have been granted, (b) applications for (i) leasehold and (ii) freehold have been received and (c) leaseholds have been converted to freehold since the inception of the Proactive Land Acquisition Strategy (PLAS)? NW3763E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

Since the inception of the Proactive Land Acquisition Strategy:

(a) 526 leaseholds have been granted

(b) (i) 1 841 applications for leasehold have been received.

(ii) 94 applications for freehold have been received.

QUESTION 2892

INTERNAL QUESTION PAPER [No 32-2010]

DATE OF PUBLICATION: 22 October 2010

2892. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether his (a) department or (b) any of its entities has signed any contractual agreements with certain companies (names furnished) or any of their affiliates (i) in the (aa) 2006-07, (bb) 2007-08, (cc) 2008-09 and (dd) 2009-10 financial years and (ii) during the period 1 April 2010 up to the latest specified date for which information is available; if so, (aaa) with whom was the agreement signed, (bbb) what is the nature of each contract, (ccc) what is the (aaaa) start and (bbbb) end date of each contract and (ddd) what is the monetary value of each contract;

(2) whether a tender process was followed in each case; if not, why not; if so, in each case, (a) what are the relevant details, (b) who else tendered for the contract and (c) what was the amount tendered by each? NW3580E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1)(a) and (b) No.

(i)(aa)-(dd),(ii),(aaa),(bbb),(ccc)(aaaa)-(bbbb),(ddd) and (2)(a)-(c) Fall away.

QUESTION 2792

INTERNAL QUESTION PAPER [No 31-2010]
DATE OF PUBLICATION: 18 October 2010

2792. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether his department made use of the services of real estate agents to purchase land for land reform programmes; if not, why not; if so, what are the relevant details;

(2) whether targets have been set for each district; if not, why not; if so, what mechanisms have been put in place to monitor these processes? NW3473E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

	Land Reform Programme	Restitution Programme
(1)	No. Real estate agents are appointed by the sellers and not the Department of Rural Development and Land Reform (DRDLR). However, real estate agents do bring farms for sale to the attention of DRDLR in some districts/provinces.	No. The Regional Land Claims Commissioners purchase land for restitution purposes.
(2)	Yes. Targets are set for each financial year and district office prioritize projects according to the baseline budget allocated to the specific province. Monthly and quarterly reports are submitted to the Provincial Executive Manager and the National Branch Land Reform respectively. All offices are subjected to monitoring and evaluation at district, provincial and national levels throughout the year.	No. Since Restitution is rights based, targets are based on the number of claims to be settled.

QUESTION 2791

INTERNAL QUESTION PAPER [No 31-2010]

DATE OF PUBLICATION: 18 October 2010

2791. Ms A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

Whether the Land Redistribution for Agricultural Development (LRAD) project is still operational; if not, (a) when did this change in policy occur, (b) who took the decision to end the project and (c) how was this decision communicated to affected communities; if so, (i) why was a certain farm (name furnished) in Ceres not approved under the LRAD project and (ii) what criteria were used to reach this decision? MW3472E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

No.

(a) A change in the policy was implemented from 1April 2010.

(b) The decision was taken by the Ministry and Executive Management of the Department of Rural Development and Land Reform (DRDLR).

(c) This decision was communicated both verbally and in writing to affected applicants for grants from the LRAD programme by the Executive Managers, or their delegated officials, of DRDLR Provincial Shared Service Centres.

QUESTION 2712

INTERNAL QUESTION PAPER [NO. 30-2010]

DATE OF PUBLICATION: 23 September 2010

2712. Dr H C van Schalkwyk (DA) to ask the Minister of Rural Development and

Land Reform:

Whether any disciplinary processes have been put in place to deal with cases of non compliance with the State Information and Technology Act, Act 88 of 1998; if not, why not; if so, (a) when were these processes put in place, (b) how many people have been subjected to these processes and (c) what was the outcome of each such process? NW3381E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

No. According to information at my disposal, No cases of non-compliance occurred.

(a), (b) and (c) Fall away.

QUESTION 2711

INTERNAL QUESTION PAPER [No 30-2010]

DATE OF PUBLICATION: 23 September 2010

2711. Mr M Swart (DA) to ask the Minister of Rural Development and Land Reform:

(1) What did the total cost of consultants appointed by his department (a) excluding and (b) including (i) property valuators and (ii) sworn appraisers used by his department amount to during the period 1 April 2009 to 31 March 2010;

(2) Whether the appointment of each of these specified consultants was made strictly in accordance with the prescripts of the Public Finance Management Act, Act 1 of 1999; if not, why not; if so, what are the relevant details in each case? NW3380E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) (a) (i) R161 153 656.80

(ii) R180 051 674.01

(b) (i) R180 051 674.01

(ii) R180 051 674.01

(2) No. Please refer to the table below for details of cases of non-compliance with the Public Finance Management Act, 1999 (Act No 1 of 1999).

OFFICE

RQ-NUMBER

DESCRIPTION OF SERVICE

VALUE

REASON FOR TRANSGRESSION

Provincial Office of the DRDLR: Limpopo

RQ-000766

Itoteng Farming Project Valuation

R7 638.00

Valuation of the same farm was done twice due to miscommunication.

Provincial Office of the DRDLR:

Limpopo

N/A (PLAS Project)

Valuation

R29 640.00

Appointing the highest bidder through incomplete information which resulted in fruitless expenditure.

TOTAL

R 37 278.00

QUESTION 2639

INTERNAL QUESTION PAPER [No 29-2010]

DATE OF PUBLICATION: 17 September 2010

2639. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) (a) What is the nature of the training that is to be provided to the National Rural Youth Service Corps, (b) what does this training involve and (c) who is responsible for the administration of the training programme;

(2) Whether the stipend to be paid to participants in this course will be drawn from his department's budget; if not, (i) from which budget will the requisite funds be drawn, if so (ii) what amount will be allocated from the budget for this purpose? NW3296E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) (a) The training will relate to the Comprehensive Rural Development Programme and will depend on the needs identified in rural areas.

(b) The training involves orientation programmes developed by the National Youth Development Agency, household profiling developed by Statistics South Africa and various other programmes depending on the needs identified by the War on Poverty programme.

(2) Yes.

(i) Falls away.

(ii) R133 million.

QUESTION 2593

INTERNAL QUESTION PAPER [No 28-2010]
DATE OF PUBLICATION: 10 September 2010

2593. Mr M H Steele (DA) to ask the Minister of Rural Development and Land Reform:

(a) How many land claims in which the land owner is currently employed as a senior management service (SMS) official of a department have been settled by the purchase of privately-owned land, (b) where is each specified piece of land located, (c) what price was paid for the land in each case and (d) by which government department is the SMS official employed in each case? NW3239E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(a) Two.

(b) Limpopo Province.

Makgwaraneng: R1 050 000.00 (one million and fifty thousand rand).

(d) Mamahule Community: Office of the Premier: Limpopo.

Makgwaraneng: Provincial Department of Economic Development, Environment and Tourism: Limpopo.

QUESTION 2445

INTERNAL QUESTION PAPER [No 26-2010]
DATE OF PUBLICATION: 3 September 2010

2445. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether any land was purchased by the Government for the farming of sugar cane; if not, what is the position in this regard; if so, (a) under what program/authority was the land purchased, (b) how many hectares of land was purchased and (c) what was the total cost;

(2) whether the land will be transferred to any beneficiaries; if not, what is the position in this regard; if so, what are the relevant details? NW3013E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

	LAND REFORM PROGRAMME	RESTITUTION PROGRAMME
(1)	Yes. Land has been acquired for sugar cane farming in the provinces of KwaZulu-Natal (KZN) and Mpumalanga.	Yes. Land has been acquired for sugar cane farming in KZN.
(a)	Land was acquired under the Land Redistribution for Agricultural Development (LRAD) and Settlement and Production Land Acquisition Grant (SPLAG) sub-programmes for purposes of redistribution to beneficiaries. Land is also owned by the State through the Pro-active Land Acquisition Strategy (PLAS).	Land was acquired under the Restitution programme.
(b) and (c)	48 676 hectares in KZN for R690 540 351.00 5 085 hectares in Mpumalanga for R117 748 800.00	56 600 hectares in KZN for R1 123 760 000.00
(2)	Land acquired in both provinces under the LRAD and SPLAG sub-programmes has already been transferred to the beneficiaries. Land acquired under the PLAS is currently registered in the name of the State. DRDLR has entered into lease agreements with qualifying beneficiaries.	Yes. Land acquired inKZN under the Land Restitution programme will be transferred to the legal entities formed by the claimants.

QUESTION 2413

INTERNAL QUESTION PAPER [No 25 - 2010]

DATE OF PUBLICATION: 30 August 2010

2413. Mr M M Swathe (DA) to ask the Minister of Rural Development and Land Reform:

Whether (a) his department or (b) any of its entities has signed any contractual agreements with a certain company (name furnished) or any of its affiliates (i) in the (aa) 2006-07, (bb) 2007-08, (cc) 2008-09 and (dd) 2009-10 financial years and (ii) during the period 1 April 2010 up to the latest specified date for which information is available; if so, (aaa) what is the nature of each contract, (bbb) what is the monetary value of each contract, (ccc) what is the (aaaa) start and (bbbb) end date of each contract, (ddd) what are the details of the process that was followed for the signing of each contract, (eee) who else tendered for each contract that was awarded and (fff) what amount did each tenderer quote in each case? NW2982E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(a)-(b)(i)(aa)-(dd) and (ii) No. The Department of Rural Development and Land Reform and its entities have not signed any contractual agreements with the company referred to.

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

QUESTION 2377

INTERNAL QUESTION PAPER [No 25-2010]

DATE OF PUBLICATION: 30 August 2010

2377. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

Whether, since the inception of land reform any company or person bought land or embarked on land reform on instruction of his department; if no, what is the position in this regard; if so, (a) what are the details of each company/person, (b) how many transactions were involved and (c) what are the further relevant details? NW2946E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

No. The Commission on Restitution of Land Rights does not purchase land upon instruction of the Department but we are compelled by what the claimants have opted for as a form of redress.

QUESTION 2330

INTERNAL QUESTION PAPER [No 25-2010]

DATE OF PUBLICATION: 30 August 2010

2330. Mrs. A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether his department makes use of private security firms; if so, (a) how much money was spent on such firms in 2009 and (b) why is there a need for his department to use private security as opposed to state security;

(2) whether these firms are used on a contractual basis; if not, what is the position in

this regard; if so, (a) how many contracts were entered into in this regard in 2009, (b) with which firms were these contracts entered into, (c) for what specific purpose was each contract entered into and (d) what was the value of the contract in each case? NW2898E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) Yes.

(a) R11 517 794.08

(b) Private security is more cost effective than state security.

(2) Yes.

(a)-(d) Please refer to Annexure A.

QUESTION 2321

INTERNAL QUESTION PAPER [No 25-2010]

DATE OF PUBLICATION: 30 August 2010

2321. Mr M Johnson (ANC) to ask the Minister of Rural Development and Land Reform:

Whether any plans are in place to curb the resale of farms that have been obtained through land reform back to white farmers; if not, why not; if so, what plans? NW2856E

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

Yes. The Department of Rural Development and Land Reform is assisting farmers within its limited budget allocation and has provided R208 million as security to the Land Bank for farmers who are unable to service their loans and are therefore facing repossession of their farms. The Departments of Rural Development and Land Reform, of Finance and of Agriculture, Forestry and Fisheries together with the Land Bank are developing a model that is aimed at assisting struggling farmers with technical and financial assistance.

QUESTION 2298

INTERNAL QUESTION PAPER [No 23-2010]

DATE OF PUBLICATION: 20 August 2010

2298. Mr P J Groenewald (FF Plus) to ask the Minister of Rural Development and Land Affairs†:

(1) (a) How many projects in respect of land reform have been undertaken since the commencement of the land reform policy, (b) what different types of projects have been undertaken, (c) where the various projects are situated, (e) what the (i) total and (ii) individual costs for the acquisition of the land for the various projects is and (f) what is the (i) cost of each individual project and (ii) total cost of all the projects that have been undertaken;

(2) whether this information, as contained in the data base of his department, is available to the public; if not, why not; if so, what process must the public follow in order to obtain the information? NW2815E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

	Land Reform Programme	Restitution programme
(1)(a) How many projects?	4214	734
(b)Types of projects	Settlement/ Production Land Acquisition Grant (S/PLAG); Land Acquisition for Sustainable Settlement (LASS) (to enable municipalities to create commonages and to acquire land for residential settlement); Land Redistribution for Agricultural Development (LRAD) and the Proactive Land Acquisition Strategy (PLAS).	- Restoration: claimants are restored to the original dispossessed or alternative land; - financial compensation: claimants who have opted for money; and - development: where the alternative remedy was housing or infrastructure development and claimants did not get restoration of the original claimed or alternative land and financial compensation.
(c) Location	Projects are located in all nine provinces.	Please refer to Annexure A
(e)(i)Total land costs for projects	R8 342 670 000.00 is the total cost for acquisition of land as at 31 July 2010, as detailed in Annexure B and includes the cost of land acquisition, planning funds and development funds. It should be noted that information prior to the 2001-2002 financial year is not available as the Financial Management System (FMS) is no longer accessible.	R12 billion.
(ii) Cost of land per project		Please refer to Annexure A.
(f)(i) Cost of each Project		Please refer to Annexure A.
(ii)Total project cost		R17.7 billion.
(2) Availability of database to the public	Yes. Information is published in the Department of Rural Development and Land Reform's (DRDLR) Annual Reports, which are available on the DRDLR's website: www.ruraldevelpopment.gov.za under "Publications". Information on specific projects may also be requested from the DRDLR.

QUESTION 2297

INTERNAL QUESTION PAPER [No 23-2010]

DATE OF PUBLICATION: 20 August 2010

2297. Mr P J Groenewald (FF Plus) to ask the Minister of Rural Development and Land Affairs:

(1) Whether the Government intends to introduce legislation that will enable the subdivision of (a) agricultural land and (b) commercial agricultural land; if not, why not; if so, what are the relevant details;

(2) whether his department, in consultation with the Department of Agriculture, Forestry and Fisheries, has launched an investigation into the average size of agricultural land required to manage a (a) subsistence farm, (b) small-scale farm and (c) commercial farm;

(3) whether such an investigation will be launched, in the light of his statement of 24 March 2010 in the National Assembly that a limit is to be placed on the private ownership of land; if not, why not; if so, when? NW2814E

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1)(a) and (b) The detail of the proposals by the Minister in his Budget Speech of 24 March 2010 will be the subject of national discussion once the Green Paper on Rural Development and Land Reform is published for public comment.

(2) No.

(a)-(c) Falls away.

(3) The detail of the proposals by the Minister in his Budget Speech of 24 March 2010 will be the subject of national discussion once the Green Paper on Rural Development and Land Reform is published for public comment.

QUESTION 2271

INTERNAL QUESTION PAPER [No 23-2010]

DATE OF PUBLICATION: 20 August 2010

2271. Mr M M Swathe (DA) to ask the Minister of Rural Development and Land Reform:

Whether his department and/or any of its entities has purchased any 2010 Fifa World Cup Soccer tournament (a) clothing or (b) other specified paraphernalia; if not, what is the position in each case; if so, in each case, (i) what are (aa) the details and (bb) the total cost of the items purchased, (ii)(aa) how many items have been purchased and (bb) why, (iii)(aa) to whom has each of these items been allocated and (bb) why have these items been allocated to these persons and (iv)(aa) on what basis was the decision taken to purchase each of these items and (bb) on whose authority was the decision taken to make these purchases? NW2779E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(a) and (b) No. The Department of Rural Development and Land Reform did not purchase any 2010 Fifa World Cup Soccer tournament branded clothing or other paraphernalia.

(i)(aa)-(bb), (ii)(aa)-(bb);(iii)(aa)-(bb) and (iv)(aa)-(bb) Fall away.

QUESTION 2239

INTERNAL QUESTION PAPER [No 23 - 2010]

DATE OF PUBLICATION: 20 August 2010

2239. Mr M M Swathe (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether his department and any of its entities has (a) purchased or (b) leased any buildings for administration (i) in the 2009-10 financial year and (ii) for the 2010-11 financial year; if not, why not; if so, in each case, (aa) what is the cost of the building, (bb) what is the size of the building, (cc) why was it bought or leased, (dd) what will be its use, (ee) who will occupy it and (ff) approximately how many persons will occupy the total space of each building;

financial years; if not, why not; if so, in each case, (i) what is the cost of each building, (ii) what is the size of each building, (iii) why will it be bought or leased, (iv) for what will it be used, (v) who will occupy it and (vi) approximately how many persons will occupy the total space of each building? NW2747E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1)(a)(i) and (ii) No. The Government Immovable Asset Management Act (GIAMA), 2007 (Act No. 19 of 2007) provides that government departments should not purchase buildings for administration and may only acquire accommodation through the Department of Public Works.

(b)(i) and (ii) Yes.

(aa)-(ee) Please refer to Annexure A.

(2)(a), (b) and (c)(i)-(vi) Yes. The Department of Rural Development and Land Reform (DRDLR) intends leasing buildings for administration as detailed in Annexure A. In addition, it should be noted that the DRDLR is underway with a Public-Private Partnership (PPP) for its new office campus in Pretoria. The intention is to consolidate all the Department's Pretoria-based offices into one campus and accommodate approximately 2000 DRDLR officials. The project is in the final stages of procurement and construction is expected to commence in January 2011. The cost is still under negotiation, the building will measure 51 303 square metres and the parking area 33 349 square metres. In terms of the PPP, the government will own the building and the land, but it will be operated by the private sector for the duration of the concession contract in accordance with section 5(a) of GIAMA which states that "(N)otwithstanding section 19(1), the accounting officer of a user (DRDLR) is the designated custodian in the case of a public private partnership relating to an immovable asset, from the date of signature of the public private partnership concession agreement and for the duration thereof".

QUESTION 2213

INTERNAL QUESTION PAPER [No 23-2010]

DATE OF PUBLICATION: 20 August 2010

2213. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether a moratorium was placed on new land purchases by the Land Claims commission; if not, what is the position in this regard; if so,

(2) whether the land claimants and landowners have been informed; if not, why not; if so; what are the relevant details;

(3) whether the moratorium on share equity schemes is still in place; if not, why not; if so, (a) when will it be lifted and (b) what provisions were made for programmes already in progress when the moratorium was placed? NW2720E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) No. The Commission on Restitution of Land Rights did not place a moratorium on any land purchases.

(2) Falls away.

(3) Yes.

(a) The Department of Rural Development and Land Reform is currently reviewing various equity schemes to find best practice models that will serve farm workers' interests best and once this has been adopted the moratorium will be lifted.

(b) Cases where funds have already been committed are not affected by the moratorium.

QUESTION 2212

INTERNAL QUESTION PAPER (No 23-2010)

DATE OF PUBLICATION: 20 August 2010

2212. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether he received any staff complaints about the Land Claims Commissioner in the Eastern Cape; if not, what is the position in this regard; if so (a) how many complaints and (b) what are the nature of the complaints;

(2) whether an investigation of the complaints was undertaken; if not, why not; if so, what are the relevant details? NW2719E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) Yes

(a) One letter from an anonymous complainant.

(b) Allegations of fraud and corruption in the areas of Supply Chain Management in the appointment of service providers; allegations of irregularities in the day-to- day management of the Office of the Regional Land Claims Commissioner: Eastern Cape (RLCC:EC); and allegations that staff in the Office of the RLCC:EC are made to perform tasks that are outside of their official duties.

(2) A forensic investigation was conducted and the Department of Rural Development and Land Reform has received an interim report which has been returned to the investigators for further information.

QUESTION 2206

INTERNAL QUESTION PAPER [No 23-2010]

DATE OF PUBLICATION: 20 August 2010

2206. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether his department is currently involved in any court cases; if so, (a) howmany and (b) in each case (i) on what date did the case first go to court and (ii) what are the relevant details;

(2) (a) how many cases have been finalised since the inception of land reform and (b) what were the (i) outcomes and (ii) total cost to his department of each of the finalised cases;

(3) whether, since the inception of land reform, his department has been ordered to pay costs; if so, (a) in how many cases and (b) what was the total cost to his department each year? NW2713E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) Yes.

(a) and (b)(i)-(ii) Please refer to Tables 1 and Table 2 attached. This is not a numerus clausus due to the fact that most of the cases are dormant and the litigants have not taken any action beyond the initial papers filed.

(2)(a) and (b)(i)-(ii) and (3)(a) and (b) The work involved in the processing of the information sought herein shall substantially divert the resources of the Department. Information with regards to finalised court cases is public knowledge and held by the Courts. Information on the total legal costs is contained in various Annual Reports of the Department.

QUESTION 2174

INTERNAL QUESTION PAPER [No 23-2010]

DATE OF PUBLICATION: 20 August 2010

2174. Mr N Singh (IFP) to ask the Minister of Rural Development and Land Reform:

(1) Whether his department has paid out R500 million to land owners as at the latest specified date for which information is available; if not, why not; if so, what are the relevant details;

(2) whether his department has committed itself to pay R12 billion to purchase land for land restitution purposes; if not, what amount has the department committed itself to pay; if so, what are the relevant details;

(3) whether 4000 land claims which have been lodged must still be researched and gazetted; if not, how many land claims that have already been lodged must still

be researched and gazetted; if so, (a) what is the value of these outstanding land claims and (b) what are the further relevant details? NW2680E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) Yes. Please refer to Annexure A.

(2) Yes. The DRDLR has committed itself to pay R10.3 billion of the R12 billion to purchase land for restitution purposes. The balance of R2 billion is made up of offers to purchase land and is subject to further negotiations.

(3) No. 3 296land claims must still be researched and gazetted.

(a) and (b) Fall away.

QUESTION 2122

INTERNAL QUESTION PAPER [No 21-2010]

DATE OF PUBLICATION: 13 August 2010

2122. Mrs S P Kopane (DA) to ask the Minister of Rural Development and Land Reform:

Whether any progress has been made with regard to the land claim lodged by a certain person pertaining to erf 139, Somerset East (details furnished); if not, what is the position in this regard; if so, what are the relevant details? NW2562E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

The claim has been researched and validated. The terms of reference to update the valuation has been drafted. The Regional Land Claims Commissioner: Eastern Cape will embark on the negotiation process with the current land owner as the claimant requests restoration of the originally dispossessed land.

QUESTION 2072

INTERNAL QUESTION PAPER [No 19-2010]
DATE OF PUBLICATION: 16 August 2010
2072. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether any funding for land reform has been received from (a) international and/or (b) national donors since the inception of land reform; if so, in each case, (i) what amounts have been received in each year and (ii) what were the funds used for;

(2) whether, in each case, the funding has been used in accordance with the agreement with the donor; if not; why not; if so, what are the relevant details;

(3) whether any funding was stopped/withdrawn by a donor; if so, (a) which donor funding, (b) why was the funding stopped/withdrawn in each case and (c) what are the details of the funding that was stopped/withdrawn;

(4) whether the government is actively seeking funds for the completion of land reform; if not, why not; if so, what are the relevant details? NW2471E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1)(a) and (b)(i)-(ii) Yes. The Department of Rural Development and Land Reform (DRDLR) received donor funding since 1994 which was administered by the Land and Agricultural Policy Centre (LAPC). However, all documents relating to donor funding for the Branch: Land Reform have been archived and would require a period of at least three months to retrieve and collate the requested information. Donor funding received during the period from 1994 to 1995 that was administered by the erstwhile Department of Land Affairs would require the same period to collate. Most recently the Branch: Land Reform received funding from the Austrian Development Agency (ADA), an international donor. EUR 329 000 was committed in terms of a tripartite agreement for a two year period (2009 and 2010) between the ADA, Umhlaba Development Services (UDS) and the Government of the Republic of South Africa, early in the first quarter of 2009. The funds were used in accordance with the agreement with the donor for technical services for the implementation of Area Based Planning. The Branch: Restitution received international donor funding from the Netherlands and Belgian Governments as detailed in Annexure A hereto.

(2) Yes. In respect of donor funding to the Branch: Land Reform, regular reports are received from UDS and invoices are approved for payment only once the DRDLR is satisfied with the content and quality of work performed as agreed upon in the terms of reference and work schedule. In respect of the Branch: Restitution the donor agreement provided that the funds could be used for the following:

- to support the Restitution Programme;

- to inform prospective claimants of the various stages of the restitution process;

- to advise claimants to lodge their claims before the cut-off date of 31 December 1998; and

- to expedite the restitution process for the Commission on Restitution of Land Rights.

(3) The Branch: Land Reform is not aware of any funding being withdrawn or stopped but this can only be verified once the relevant documentation has been drawn from the archives and the information collated. No donor funding to the Branch: Restitution was stopped or withdrawn.

(a)-(c) Falls away.

(4) Yes. A funding plan is currently being developed by the Branch: Restitution for submission to National Treasury.

QUESTION 2071

INTERNAL QUESTION PAPER [No 19-2010]

DATE OF PUBLICATION: 6 AUGUST 2010

2071. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

Whether, with reference to his reply to question 807 on 3 June 2010, any steps were taken against any consultants or dedicated research staff for noncompliance with their terms of employment; if not, why not; if so, (a) in how many cases, (b) against whom and (c) what were the outcomes of each case? NW2470E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

No, since there were no instances of non-compliance with terms of employment by consultants or dedicated research staff.

(a), (b) and (c) Fall away.

QUESTION 2070

INTERNAL QUESTION PAPER [No 19-2010]

DATE OF PUBLICATION: 6 August 2010

2070. Mrs A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) How many applications for compensation in terms of section 6(2)(b) of the Restitution of Land Rights Act, Act 22 of 1994, have been received since the inception of land reform;

(2) whether any compensation was made to any such claimants; if not, (a) how many claimants did not receive compensation, (b) what were the reasons for not compensating these claimants and (c) what alternative compensation was given; if so, (i) how many (aa) claimants received compensation and (bb) hectares of land were purchased and (ii) what amount was used for compensation? NW2469E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) 29.

(2) No.

(a)-(c)No. The Commission is in the process of finalising its recommendations to the Minister on the most appropriate form of alternative relief in accordance with section (6)(2)(b) of the Restitution of Land Rights act, 1994 (Act No. 22 of 1994).

(i)(aa)-(bb) and (ii) Fall away.

QUESTION 2034

INTERNAL QUESTION PAPER [No 19-2010]

DATE OF PUBLICATION: 6 August 2010

2034. Ms D Carter (Cope) to ask the Minister of Rural Development and Land Reform:

Whether the Government will initiate a seeds-for-needs programme to benefit rural inhabitants to access new strains of seeds that are produced at gene banks and which

are hardier than the traditional varieties of seeds; if not, why not; if so, what are the relevant details? NW2373E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

No. However genetically modified seeds are readily available and are already being issued in some of the Department of Rural Development and Land Reform's projects in rural areas.

It would be interesting to assess the merits of the seeds-for-needs programme as suggested and also seek advice from other stakeholders such as the Department of Agriculture and the Council for Scientific and Industrial Research on the technical and economic merits of the programme and its impact on the rural population in terms of improving rural livelihood and food security.

QUESTION 2033

INTERNAL QUESTION PAPER [No 19-2010]

DATE OF PUBLICATION: 6 August 2010

2033. Ms D Carter (Cope) to ask the Minister of Rural Development and Land Reform:

Whether the Government was giving priority to each qualified occupier of land in a rural area to get a title deed expeditiously and without intricate formalities; if not, why not; if so, what are the relevant details? NW2372E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

Yes. Each application is assessed on its own merit in terms of relevant land reform policies. The Department of Rural Development and Land Reform is the owner of land acquired under the land redistribution programme and no longer awards title to qualifying beneficiaries. The land is therefore registered in the name of the State and qualifying beneficiaries are given leasehold.

QUESTION 1985

INTERNAL QUESTION PAPER [No 18-2010]

DATE OF PUBLICATION: 30 July 2010

1985. Mr M M Swathe (DA) to ask the Minister of Rural Development and Land Reform:

Whether his department has a policy to resolve the current practice of assigning portions of government-owned land to traditional leaders in a representative capacity who then fail to act in accordance with the permission to occupy (PTO) system by (a) transferring the land to persons within their communities and (b) permitting municipalities to access the land for development; if not, why not; if so, what are the relevant details? NW2381E

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

No. The Department of Rural Development and Land Reform is not aware of any current practice of assigning portions of government-owned land to traditional leaders in a representative capacity or any other official capacity and therefore no policy exists to resolve such a practice.

(a) and (b) Fall away.

QUESTION 1984

INTERNAL QUESTION PAPER [No 18-2010]

DATE OF PUBLICATION: 30 July 2010

1984. Mr M M Swathe (DA) to ask the Minister of Rural Development and Land Reform:

Whether portions of the land placed under the care of traditional leaders in terms of the permission to occupy (PTO) system will be transferred to individual members of the communities who reside upon this land for their personal use and benefit; if not, why not; if so, what are the relevant details? NW2380E

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

Land placed under the care of traditional leaders would have been dealt with in terms of the provisions of the Communal Land Rights Act, 2004 (Act No. 11 of 2004). There is currently no law that provides a comprehensive mechanism for the transfer of the land in question to individual community members since the Communal Land Rights Act, 2004 was declared unconstitutional. Individual cases may however be addressed in terms of the State Land Disposal Act, 1961 (Act No. 48 of 1961).

QUESTION 1938

INTERNAL QUESTION PAPER [No 17-2010]

DATE OF PUBLICATION: 26 July 2010

1938. Mr M M Swathe to as the Minister of Rural Development and Land Reform:

(a)(i) How much government-owned land is available for redistribution and (ii) how much land has been transferred to black South Africans through normal sales and (b) what has been the success of the willing seller-willing buyer principle? NW2326E

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(a) (i) The Department of Rural Redevelopment and Land Reform (DRDLR) has 2 345 095 million hectares of land available for redistribution.

(ii) The Deeds Registries Act, 1937 (Act No. 47 of 1937) does not provide for the categorisation of land transfers in terms of race. Currently, only the Statistician- General is authorised to extract information of this nature in terms of section 14(1)(b) read with section 14(2)(a) of the Statistics Act, 1999 (Act No. 6 of 1999). However, approval is awaited from the Statistician-General to enable the Branch: Deeds Registration to gather such information. Once approval is obtained, section 10 of the Deeds Registries Act, 1937 will be amended to authorise the gathering of information relating to race.

(b) The fact that the department is most probably not going to be able to meet the 30% land transfer by 2014 reflects that the WSWB model has not been successful.

2010-08-23

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