I can confirm the existence of dispute over compensation, involving the Department of Public Works, Roads and Transport and four land owners in the area of Rietvlei near Rustenburg in the North West province.
This dates back to the year 2009 and has not been resolved to date.
Central to the ongoing dispute, are amounts of between R3.8 million and R5.6 million the four farm land owners are claiming from the government.
The dispute arose following the construction of a provincial road from the N4 through Phokeng to Sun City.
This was one of the critical Road Projects undertaken by the provincial government for the successful hosting of the 2010 Fifa World Cup. Rustenburg was one of the host cities and Royal Bafokeng Stadium in Phokeng was the venue for some of soccer world cup fixtures.
Only after the construction of the road, the two parties (Government and the four land owners) could not agree on the amounts payable as compensation for the portions of privately owned land which the road cuts across.
In total, the four land owners claimed approximately R16.7 million
The department’s offer was/is approximately R239.33.00. This offer has since been rejected by the land owners.
Our offer was informed after the valuation of the portion of land in question by three independent Professional Valuators.
Parties could therefore not agree on the amounts and negotiations have been going on for a considerable time to such an extent that an arbitration process was to unfold as agreed to by the land owners and the department.
The arbitration process- which is in the hands of the lawyers, seem to be taking long as a measure to resolve the impasse because of the extremely opposing figures which the parties could not agree on.
To this end, the department has briefed lawyers with a view of approaching the court for an expropriation process.
Our understanding is, if the State wants to utilise a particular portion of a privately-owned land in the interest of the public, the state can use its muscle in terms of the expropriation laws to obtain land and compensation can be tested through the courts of law to determine whether the offer made by the state is reasonable.
Enquiries:
Matshube Mfoloe
Tel: 018 388 1252/1412
Cell: 082 305 4594
E-mail: mmfoloe@nwpg.gov.za
