Land matters and rural development : 2016(1)

• Author: Willemien Du Plessis,Juanita Pienaar,Ebrezia Johnson,Nic Olivier
• DOI: 10.10520/EJC-c6c07df21
• Published date: 01 January 2016
• Date: 01 January 2016
• Record Number: sapr1_v31_n1_a11
• Pages: 189-231
• publishedBy: UNISA Press

189

JOURNAL

LAND MATTERS AND RURAL DEVELOPMENT:

2016 (1)

Juanita Pienaar (US)

jmp@sun.ac.za

Ebrezia Johnson (US)

ebrezia@sun.ac.za

Willemien du Plessis (NWU)

Willemien.DuPlessis@nwu.ac.za

Nic Olivier (NWU)

oliviern@mweb.co.za

1. GENERAL

The amendment of the Restitution of Land Rights Act 22 of 1994 (Restitution Act) led

to a renewed interest in restitution matters. The number of land claims is increasing.

It seems that the courts are still struggling with the interpretation of the Extension

of Security of Tenure Act 62 of 1997 (ESTA) and the Prevention of Illegal Eviction

from and Unlawful Occupation of Land Act 19 of 1998 (PIE). Similar problems are

experienced with housing. Parliament and the Council of Provinces approved the

controversial Expropriation Bill [B4D-2015].1

This note covers land issues: the most important measures and court decisions

pertaining to restitution, land redistribution, land reform, unlawful occupation, housing,

land use planning, deeds, surveying, rural development and agriculture are discussed.2

1 Anon, ‘Parliament Approves Land Expropriation Bill’ Mail & Guardian (26 May 2016) <http://mg.co.

za/article/2016-05-26-parliament-approves-land-expropriation-bill> accessed 3 July 2016.

2 In this note the most important literature, legislation and court decisions are discussed for the period

31 October to 31 May 2016.

https://doi.org/10.25159/2219-6412/2655

ISSN 2219-6412 (Print)

© Unisa Press 2017

Southern African Public Law

https://upjournals.co.za/index.php/SAPL/index

Volume 31 | Number 1 | 2016 | pp. 189–231

190

Pienaar et al Land Matters and Rural Development: 2016

2. LAND RESTITUTION

The Commission on the Restitution of Land Rights made a presentation at the strategic

planning session of the Portfolio Committee on Rural Development and Land Reform

(CRLR) on 3 February 2016.3 The presentation included the challenges that the CRLR

experiences and that relate, among other issues to strategy, structure, systems, style,

staff and skills. The CRLR did not provide feedback on the manner (and extent) of

implementation of the ndings and recommendations of the Department of Performance

Monitoring and Evaluation and the South African Human Rights Commission.4 A

number of strategic interventions for the nancial years 2016/17 to 2018/19 were

identied, among others, three strategic goals: ‘land rights restored in order to support

land reform and agrarian transformation by 2020’, ‘lodgement of restitution land claims

re-opened for people who did not meet the 1998 deadline’ and ‘organisational change

management’. The Exceptions Programme was mentioned that would focus on the

identication of land to be made available to members of the Khoi and San communities

(whose land had been dispossessed prior to the cut-off date of 27 June 1913). This

process would be in accordance with the provisions of the Redistribution Programme

and would identify relevant heritage sites for said communities. Within this context,

an interdepartmental task team as well as a multi-disciplinary, multicultural research

team would be established. The CRLR emphasised that, in principle, old order claims,

meaning claims that were lodged before the cut-off date of 31 December 1998, would be

processed rst. New claims, lodged after 1 July 2014, would rst have to be investigated.

By the end of 2015, 7 584 claims that had been submitted prior to 31 December 1998,

were still outstanding (3 610 still in Phase 2 – screening and categorisation; 350 in

Phase 3 – determination of qualication in terms of s 2 of the Restitution Act; and 3 624

in Phase 4 – negotiations). The provincial breakdown for claims still in Phase 2 was

as follows: Eastern Cape (366); Free State (0); Gauteng (155); KwaZulu-Natal (738);

Limpopo (24); Mpumalanga (1647); Northern Cape (8); North-West (4) and Western

Cape (668).

2.1. Notices

There was an increase in the number of land claim notices published in the Government

Gazette. The notices (with the exception of a few) do not indicate the date of the claim,

making it difcult to determine whether the notices are applicable to the pre-amendment

phase or indeed are notices submitted as a result of the Amendment Act. The following

number of notices was published with regard to the various provinces: Western Cape: Cape

Town (including Eerste Rivier. Kuilsrivier, Newlands, Retreat, Diep Rivier, Oranjezicht,

3 Commission on the Restitution of Land Rights, ‘Presentation to the Portfolio Committee on Rural

Development and Land Reform Strategic Planning Session’ (3 February 2016) <http://bit.ly/29HBjaC>

accessed 30 June 2016.

4 (2015) 30 (1) SAPL 239.

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Pienaar et al Land Matters and Rural Development: 2016

Green Point, Maitland, Constantia, Athlone, Rosebank, Goodwood, Claremont,

Belville, Parow, Bonteheuwel, Ravenswood, Elsies River) forty-six; Lambert’s Bay,

Montagu, Observatory, Mfuleni, Worcester, Willowvale, Sunnydale, Struisbaai,

Aghulhas, Tulbagh, Bitou, Somerset West, Plettenberg Bay, Wittenberg, Stellenbosch,

Strand, Franschhoek, Eden and Noordhoek – one each; Mosselbay, Ceres, Hout Bay,

De Rust, Simon’s Town, Pniel, Grabouw and Matroosfontein – two each; George, and

Oudtsdhoorn – three each; Eastern Cape: Port Elizabeth (ve); Grahamstown (twenty-

three); Sterkspruit/Joe Gqabi (four); Comvaba/Chris Hani, Peddie and Stockenstrom

– three each; Alice, Queenstown, Mthatha, Cala, Stutterheim and Lady Frere – two

each; Keiskammahoek, Port St Johns, Somerset East, Bizana, Qumbu, Elliotdale,

Lusikisiki, Komga, Whittlesea and Herschel – one each; KwaZulu-Natal: Ethekwini

(including Cato Manor) fteen; Mount Currie and New Hanover – four each; Piet

Retief, Pietermaritzburg, Lions River, Umvoti, Camperdown, Lower Tugela, Eshowe,

Port Shepstone and Newcastle – two each; Dundee (three); Egotshe, Lower Umfolozi,

Mtonjaneni, Mtunzini, Upongola, Richmond and Umgungundlovu – one each; Limpopo:

Thulamela and Vhembe – two each; Greater Tabatse, Polokwane, Elias Motswaledi,

Mookgopong and Sekhukhune – one each; Gauteng and North-West: Tshwane (eleven);

Johannesburg (seventeen); Zeerust (seven); Bojanalo (four); Thembisile, Ekurhuleni,

Lichtenburg and Kungwini – one each; Mpumalanga: Mbombela (ten); Thaba Chweu

and Emakazeni – nine each; Delmas (seven); Bushbuckridge (six), Gert Sibande, Victor

Kanye and Emalahleni – four each; Steve Tshwete (three); Thembisile and Nkomazi –

two each, Umjindi, Lydenburg, Chief Luthuli, Albert Luthuli and Govan Mbeki – one

each; Free State and Northern Cape: Bultfontein/Sterkspruit/Spaansefontein (fteen);

Kara Hais and Kai! Garib – two each; Harrismith, Dihlabeng and Keimoes – one each.

Several amendment, withdrawal and correction notices were also published.

By 30 November 2015, 3 290 685 ha of land (costing R19 291 888 564, 05) had

been awarded to qualifying claimants; however, only 1 444 000 ha had been transferred

in ownership to beneciaries. In respect of the re-opening of the lodgement of claims,

144 112 new land claims had been submitted during the period from 1 July 2014 onwards

(to March 2016). It was indicated that the ‘drastic reduction in the compensation of

employees budget throughout the DRLR’ (Department of Rural Development and Land

Reform) had impacted negatively on stafng in the CRLR, and that only ‘unequivocally

critical posts’ would be lled. Within this context it is noteworthy that the following

three critical directorates were still vacant (as on 6 April 2016), namely Restitution

policy, Restitution research and Project management. It is foreseen that the outstanding

(31 December 1998) claims would be researched as follows: 1 530 in the 2016/17

nancial year and 3 098 in the 2017/18 nancial year.5

5 See CRLR, ‘Annual Performance Plan 2016/2017’ (6 April 2016) <http://pmg.org.za/

les/160406Commission_APP.pptx> accessed 30 June 2016. See also CRLR, ‘Annual Performance

Plan 2016/17 of the Commission on Restitution of Land Rights’ <http://www.drdlr.gov.za/publications/

annual-performance-plans/file/4395-annual-performance-plan-2016-17-of-the-commission-on-