MINISTER OF RURAL DEVELOPMENT AND LAND REFORM RESPONDS

ANNEXURE A: NA-QUES 2178 OF 2011

(a)Yes,

(aa) PSSC / (a) / (b) / bb)
in how many instances / (cc)
How many persons occupied the specified land in each case / (dd)
What action has been taken to relocate the said illegal occupiers in each case / (ee) What steps taken to prevent such illegal occupation in future
(i) 2009/10 / (ii) 2010/11 / 01 April 2011 - Latest specified date
EC (13) / KSDMunicipality the following areas were invaded - Thornhill Farm, Mount Pleasant farm, Bedford farm, Abrahamskraal Farm, Bongweni AA, Zithathele AA, Silverton Farm, Highbury Complex,Highbury AA, Mthatha West, Ngqwala AA. / See below / None / 13 / No head count has been done but in one area around Mthatha in 2005, 2000 sites were counted / In the King Sabatha Dalindyebo Municipality The Department undertook to donate the farms to KingSabathaDalindyeboMunicipality and the disposal through donation was approved by the Minister in 2006. However it was established that all the properties approved for donation were encumbered with Restitution of Land Claim as therefore disposal could not be effected. / on communal land a legal opinion is being sought on old legislation governing allocation of land. Consultations have been held with office of the State Attorney for legal advice and eviction.
Sterkspruit, Senqu Local Municipal Area has been invaded, both municipal land surrounding state land / See below / In Sterkspruit – the matter is before the court for prohibition order / On state land lessees will be identified prior to transfer
Grahamstown Area: area invaded is Committee’s Drift Farm / See below / In Committee’s Drift – the Department is engaged with the LM to determine the correct people that the land can be assigned to.
See above / BCMM (Smiling Valley) / In BCMM (Smilingvale) - the matter is before the court for prohibition order
GP (1) / Ptn 35,36,37,38,39 & 40 Kammaland AH – PLAS 409 / None / None / 1 / 2 / Offered an alternative land to the invaders, still mediating. / Ensure that all state land is occupied at all times.
KZN (4) / Ponderosa Farm No 1034, Portion 18 / Ongoing / Ongoing / 4 / 3 / The matter was referred to the State attorney with the view to evict illegal occupiers / The land has been leased to the trust which will monitor illegal occupation and report to the Department
Diamond Farm No. 10919 (Unknown period) / Ongoing / Ongoing / 18 households / The Department held meetings with the LocalMunicipality, the community and traditional Authorities. / The local Inkosi has been advised to stop any further allocation of sites to the state land.
Portion 4 of the farm Makhathini No. 16533 (Unknown period) / Ongoing / Ongoing / 1 / The Department held meetings with invader (Mr. Zondo), and the relevant stakeholders. A letter to vacate the property was served. / Mr. Zondo has since vacated the land
Platt Estate No 17844, portion 1-5. (2007) / Ongoing / Ongoing / 10 households / The Department has established a CPA that will take ownership of the land. / There’s a committee responsible for monitoring if there are any illegal occupiers.
LP (4) / Ptns of farms Praktiseer 275 KT, Steelpoortdrift 296 KT, Viljoenshoop 301 KT, Apiesdoorendraai 298 KT / Ongoing / Ongoing / 4 / Unknown / None / The properties reported to be targeted by illegal invaders have been subjected to caretaker ship agreements with the local municipality enabling them to take legal steps against illegal occupiers. The properties will ultimately be disposed/transferred to the local municipality in line with state land disposal process for human settlement
MP (3) / None / None / Portion 1 of the farm Papkuilfontein 469 JR / 3 / 1 / The invader is a Restitution beneficiary which invaded the property before the Restitution process has been finalized. The property is currently being leased to an individual, and the contract is only expiring in 2013. The Department gave notice to the individual that his occupation is illegal. Should the individual not vacate the property, legal proceedings in terms of Section 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act 19 of 1998) will be instigated. / The Department is entering into either a lease agreement or a caretaker agreement for all properties under the jurisdiction of the Department, which will ensure that the property is legally occupied. Any attempts to invade a property will be dealt with by the lessee or caretaker and brought to the attention of the Department.
None / None / Portion of the farm Yzervarkfontein 467 JR / 3 / The 3 invaders invaded a property when they became aware that the lease agreement with the previous lessee has been terminated. Another lessee was already identified and a lease agreement entered into. The Department gave notice to the individuals that their occupation is illegal. Should the individuals not vacate the property, legal proceedings in terms of Section 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act 19 of 1998) will be instigated
None / None / Remaining Extent of Portion 3, Remaining Extent of Portion 6, Portions 15, 23, 24 and 28 of the farm Rietfontein 566 IR / 1 / The properties were acquired through PLAS, and the previous owner failed to vacate. A legal proceeding to evict the previous owner has already been instigated, and is currently being dealt with by the State Attorney’s Office.
NC (30) /
  1. Portion 11 (Farm P) of the farm Pender No. 1040 IM
  2. Portion 12 (Farm F) of the farm Pender No. 1040 IM
  3. Portion 27 (Farm K) of the farm Pender No. 1040 IM
  4. Portion 28 (Farm U) of the farm Pender No. 1040 IM
  5. Remainder of the farm Pender No. 1040 IM
  6. Portion 2 of the farm Lotlaken No. 77
The properties below were former PoA land which was administered by the DoA. The Office took over the management of these properties in Dec 2009.
  1. Remainder of the farm Banksdrift No. 891
  2. Portion 1 of the farm Lower Kuruman No. 219
  3. Portion 2 of the farm Lower Kuruman No. 219
  4. Portion 2 of the farm Gamohaan No. 438
/
  1. Portion 11 (Farm P) of the farm Pender No. 1040 IM
  2. Portion 12 (Farm F) of the farm Pender No. 1040 IM
  3. Portion 27 (Farm K) of the farm Pender No. 1040 IM
  4. Portion 28 (Farm U) of the farm Pender No. 1040 IM
  5. Remainder of the farm Pender No. 1040 IM
  6. Portion 2 of the farm Lotlaken No. 77
  7. Remainder of the farm Banksdrift No. 891
  8. Portion 1 of the farm Lower Kuruman No. 219
  9. Portion 2 of the farm Lower Kuruman No. 219
  10. Portion 2 of the farm Gamohaan No. 438
/
  1. Portion 11 (Farm P) of the farm Pender No. 1040 IM
  2. Portion 12 (Farm F) of the farm Pender No. 1040 IM
  3. Portion 27 (Farm K) of the farm Pender No. 1040 IM
  4. Portion 28 (Farm U) of the farm Pender No. 1040 IM
  5. Remainder of the farm Pender No. 1040 IM
  6. Portion 2 of the farm Lotlaken No. 77
  7. Remainder of the farm Banksdrift No. 891
  8. Portion 1 of the farm Lower Kuruman No. 219
  9. Portion 2 of the farm Lower Kuruman No. 219
  10. Portion 2 of the farm Gamohaan No. 438
/ 30 / Various community members from the adjacent tribal authorities areas are accessing the farms for communal grazing. / Site inspections were conducted on all the properties to confirm who is utilising/ occupying the properties. For 4 of the properties (Remainder of the farm Banksdrift No. 891; Portion 1 of the farm Lower Kuruman No. 219; Portion 2 of the farm Lower Kuruman No. 219 &Portion 2 of th farm Gamohaan No. 4389), the Office recommended that they should be allocated to the relevant tribal authorities for use of communal grazing, given the historical use by, needs of the community. / 5 of the properties (Portions 11, 12, 27 28 & R of the farm Pender No. 1040 – IM), are currently being assessed for infrastructure upgrade which would allow for controlled management of the properties. The office is in the process of investigating one of the properties (Portion 2 of the farm Lotlaken No. 77)