Land Matters and Rural Development : 2017(1)

• Author: Juanita M. Pienaar,Willemien Du Plessis,Ebrezia Johnson
• DOI: 10.10520/EJC-12223685fa
• Published date: 01 October 2018
• Date: 01 October 2018
• Record Number: sapr1_v33_n1_a9
• Pages: 1-42

Southern African Public Law

https://doi.org/10.25159/2522-68 00/3228

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

ISSN 2522-6800 (Online)

Volume 33 | Number 1 | 2018 | #3228 | 42 pages

© Unisa Press 2018

Commentary

Land Matters and Rural Development: 2017(1)

Juanita M Pienaar

University of Stellenbosch

jmp@sun.ac.za

Ebrezia Johnson

University of Stellenbosch

ebrezia@sun.ac.za

Willemien du Plessis

http://orcid.org/0000-0002-0907-5063

North-West University

Email: willemien.duplessis@nwu.ac.za

General

Land remains a controversial political issue and it seems that the numerous policies,

legislation and proposed new legislation and amendments to legislation will not pacify

those who live with broken promises.1 It is not only access to rural land that remains an

issue, but many people living in urban areas do not have title deeds to their homes.2 It

is, however, not only a matter of granting land: in order for land reform to be effective,

the Minister of Rural Development and Land Reform indicated that the Department of

Rural Development and Land Reform (DRDLR) will monitor the use of land that was

redistributed and restituted. If the land is not properly used, it will have to be returned

for the purposes of reallocation.3 The minister further indicated that ‘comprehensive

land audits’ need to be undertaken to determine to whom the land belongs in South

1 See in this regard Marianne Merten, ‘Analysis: On Land Issues, ANC Lacks Clarity and

Determination’ Daily Maverick (17 April 2017) <https://www.dailymaverick.co.za/article/2017-04-

17-analysis-on-land-issues-anc-lacks-clarity-and-determination/#.WcEZw7IjHIU> accessed 18 April

2017. New Bills include, for example, the Extension of Security of Tenure Amendment Bill, 2015 and

the Regulation of Agricultural Land Holdings Bill, 2017.

2 Noah Schermbrucker, Victoria Mdzanga and Christine Botha, ‘Hundreds of Thousands of

Homeowners Do not Have Title Deeds’ GroundUp (6 June 2017)

<http://www.groundup.org.za/article/hundreds-thousands-homeowners-do-not-have-title-deeds/>

accessed 7 June 2017.

3 Anonymous, ‘Policy: Use It or Lose It Land Reform “Project” Kicks In?’ Legalbrief Today (8 May

2017).

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Africa.4 In this note on land, the most important measures and court decisions pertaining

to restitution, land reform, unlawful occupation, housing, land-use planning, deeds,

surveying, rural development and agriculture are discussed.5

Keywords: land reform; restitution; redistribution; tenure reform; eviction; housing;

survey; rural development

Land Restitution

While some land claims have been settled, other communities are still disputing how

they should be compensated. For instance, in the Peddie region some members of three

communities agreed to receive one hectare per household. The claim involves ‘80 farms

spanning 43 000 ha in the Fish River and surrounding regions’6 and the District Six

claimants stated that they are tired of waiting twenty years either for a home or for

compensation.7

During the window period, before the amendments to the Restitution of Land Rights

Act 22 of 1994 (Restitution Act) were declared unconstitutional, 14 000 new land

claims were instituted in the eThekwini Metropolitan area. In the period July 2014 to

July 2016 claimants lodged approximately 39 730 new claims in KwaZulu-Natal, and

in South Africa as a whole approximately 163 000 claims were lodged.8

Restitution of Land Rights Act 22 of 1994

In terms of the Restitution Act, election rules pertaining to the investigation of certain

claims were published.9 The notice follows a court directive of Bertelsman J, where one

Frantz instituted a land claim on behalf of the Community of Saron and the ‘Saron

Sendingstasie’.10 As a result of a dispute as to whether he had the right to represent the

community, the Court directed that the ‘lawful individual members of the claimant

communities and their lawful representative(s)’ must be determined before the land

4 Bekezela Phakathi, ‘Minister Admits to Significant Gap in Land Audits’ BusinessLive (22 May 2017)

<https://www.businesslive.co.za/bd/national/2017-05-22-minister-admits-to-significant-gap-in-land-

audits/> accessed 28 August 2017.

5 This note focuses in essence on the most important literature, legislation and court decisions published

during the period 30 November 2016 to 31 March 2017. Some information may be of a later date.

6 Anonymous, ‘Land Claims: Community Agrees to One Hectare per Household’ Legalbrief Today (9

May 2017).

7 Anonymous, ‘Land Claims: District Six Claimants Demand Homes’ Legalbrief Today (9 May 2017).

8 Anonymous, ‘General: Land Claims Held Up by Parliament’ Legalbrief Today (31 May 2017).

9 Claim reference no F284 [KRK 6/2/2/A/1/0/0/1] and F462 [KRK 6/2/3/A/41/241/0/18]—Gen N 866

in GG 40480 (9 December 2016).

10 Land Claims F284 and F462 and the court directive was issued under LCC1222012 and LCC129/2012

on 13 November 2015—see Gen N 866 in GG 40480 (9 December 2016).

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claim could be resolved.11 To enable the process, the Chief Land Claims Commissioner

(CLCC), in consultation with the Minister of Rural Development and Land Reform,

compiled rules to ensure due process in this regard.12 In terms of these rules, the CLCC

must appoint a genealogical researcher to assist him or her with determining the identity

of the claimants13 and must also appoint a chairperson to convene meetings in terms of

the rules. One such meeting is to be held with the applicant and the various church

councils or controlling bodies that may be involved in the claim.14 The election of

representative members of the community and the publication of notices are also

regulated.15 It is the first notice of its kind that has been published since 1994 and it is

an interesting way of resolving disputes among claimants.

The Office of the Regional Land Commissioner of the Western Cape invited tenders on

behalf of the Covie Communal Property Association (CPA) for the development of the ir

restituted land.16 The development could, over and above the housing component,

include ‘business opportunities relating to eco-tourism, environmentally oriented

commercial activities, community facilities, small-scale agricultural activities and

home-based economic activities.’ It is also the first notice of its kind to have been

published.

Notices

Numerous land claim notices were issued during the period November 2016 to June

2017: the number issued in each district seems to indicate that the various land claims

commissioners are trying their level best to finalise the outstanding claims. The table

below shows the number of claims instituted.

Table: Number of land claims instituted per province and area, November 2016 to June

2017

11 Rule 2 Gen N 866 in GG 40480 (9 December 2016).

12 The rules were compiled in terms of ss 10(4) and 16 of the Restitution of Land Rights Act 22 of 1994.

13 Rule 3.1 Gen N 223 in GG 40691 (17 March 2017).

14 ibid; Rule 3.5 lists the Verenigde Gereformeerde Kerk Gemeente of Saron; the Apostoliese Kerk; t he

Nuwe Apostoliese Kerk; the Baptist Church and the Seventh Day Adventist Church.

15 Rule 3.5 (n 14); Rules 4 and 5.

16 Gen N 223 in GG 40691 (17 March 2017). See also Gen N 38 in GG 40577 (27 January 2017)

pertaining to an additional tender.