9 October 2006
The Minister of Agriculture and Land Affairs, Lulu Xingwana, has issued a
notice of possible expropriation for two white-owned farms as part of
expediting land reform in this country. The two properties are portion 22 of
the Krokodilspruit Farm in the Gauteng province near Cullinan, as well as the
Pniel Farm, No 281 in the Northern Cape.
In terms of the notice for the Krokodilspruit farm, the Chief Land Claims
Commissioner, Thozi Gwanya, has recommended to the Minister that an amount of
R520 600, which is inclusive of a solatium, be offered as compensation for the
property which spans 106,3275 hectares of land.
The Pniel farm measuring 25 200 hectares, is registered under the
Evangelical Lutheran Church of South Africa (ELCSA) Property Management
Company.
âThe negotiations regarding these cases have been dragging on for more than
two years," says Thozi Gwanya, the Chief Land Claims Commissioner.
âThe state has offered R520 000 in compensation for the Cullinan farm, while
the owner is demanding close to a million rands. The Lutheran Church on the
other hand were demanding R70 million while the state is offering R35,5
million, an amount which far exceeded the market rate when the negotiations
began about three years ago. The challenge for us is that in a number of cases,
the more the land owners delay the negotiation processes, the more the land
prices go up," Gwanya says.
Four other potential expropriation cases are nearing the finalisation stage.
The Deputy Minister of Agriculture and Land Affairs, Advocate Dirk du Toit is
considering advice to the Minister on the four new cases. The property involved
is the Turffontein 499KR in Limpopo, portion 18, portion 20, portion 32, as
well as portion 33. The claimants are the Letlhaganeng Community in the
Bela-Bela District.
In another development, a submission is en route to the office of the Chief
Land Claims Commissioner for a possible expropriation case involving the
Melkhoutkoppies farm in the Makhado Municipality, Limpopo. The claimants, the
Mamphodo-Mushasha-Begwa community has lodged a claim on the property which is
divided into seven portions: portions 6, 7, 8, 9, 11, 12 and 13. The property
is owned by Messrs A H Nichols senior and junior.
âIn terms of the Restitution Act, 1994 (Act No 22 of 1994, as amended), the
Minister of Agriculture and Land Affairs has the power to issue a notice of
expropriation of property for the purpose of restoring land rights to claimants
who are entitled to restitution of their rights, in line with the Act," says
Gwanya. The landowners have a right to make written representations regarding
the possible expropriation to the office of the Chief Land Claims Commissioner,
within twenty-one days after delivery of the notice. The exact manner of
payment of compensation, including expropriation costs, will be determined at
the point of expropriation. âOur constitution provides that when we determine
compensation for the landowners we must consider the current use of the land,
the history of the acquisition and use of the property, the market value, the
extent of direct state investment and subsidy in the acquisition and beneficial
capital improvement of the property as well as the purpose of expropriation. It
also underlines that the public interest includes the nationâs commitment to
land reform," says Gwanya
Enquiries:
Ms Pulane Molefe
Tel: (012) 312 8452
Fax: (012) 321 0428
Cell: 072 091 7962
The Chief Land Claims Commissioner
Tel: (012) 312 9244
Fax: (012) 321 0428
Issued by: Department of Land Affairs
9 October 2006
