The Committee was briefed by the Department of Rural Development and Land Reform (DRDLR) on the performance of Communal Property Associations for March to December 2015. In all, 1 483 Communal Property Associations (CPAs) had been registered since the passing of the Act and 48 were registered in the 2015/16 financial year. The CPAs had been afflicted by a number of problems and the Department had taken steps to address them by the establishment of CPA District Fora to serve as a platform to share experiences.

In South Africa, policies of separate development and restrictions placed on capital expenditure imposed on the lands occupied by the indigenous people during the colonial era prevented the state from implementing the cadastre in the communal areas of the country. The status quo persists to this day, which has resulted in a dual system that promoted investment in areas where private property rights were permitted, but relegated the traditional communities into poverty and disinvestment

BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-
1. In this Act, unless the context otherwise indicates(i) “agricultural land” means any land, except-

Land registration and titling in Africa has been seen as a means of legal empowerment of the poor that can protect smallholders’ and pastoralists’ rights of access to land and other landbased resources.

The Committee was briefed by the Department of Rural Development and Land Reform (DRDLR) on its Annual Performance Plan for 2015/16, with the Minister and Deputy Minister in attendance. Due to the complexity of the agrarian transformation space, the DRDLR had developed a rural economy transformation model which would be implemented through the Agrarian Transformation System.

The preservation, development and sustainable use of agricultural land are of vital importance to ensure longterm food security in South Africa. These principles of food security as well as an integrated, inclusive rural economy underpin the core focus areas of the National Development Plan, Vision 2030 (NDP).

The Committee continued with deliberations on the official list of proposed amendments to the Bill (A-list) accompanied by the B version of the Bill incorporating all the proposed amendments into the Bill. A DA member pointed out that the factors that had been highlighted in clause 12(1)(a), (b), (c), (d) and (e) had no direct monetary value and it was difficult to see how these factors would affect the compensation. There was a proposal that the Department should add a clause 12(2)(g) that would focus on the actual financial loss that had been incurred by the expropriated owner.

The Commission for Gender Equality presented on its proposed campaign called One Woman, One Hectare of Land’. The campaign aims to mainstream gender equality, for it was proposed that the State should allocate one hectare of land, for the growing of food, to the poorest rural female-run households. It was believed that this would help alleviate poverty and empower rural women. It was pointed out that where women had land, their families generally were better nourished, better educated and able to move on.

With the Minister of Public Works in attendance, the Deputy Minister gave a briefing on the Expropriation Bill (B4-2015). He said that expropriation is an essential mechanism for the state to acquire property in certain instances. Section 25 of the Constitution provides that property may be expropriated only in terms of general application and to that no law may permit arbitrary deprivation of property. The Constitution states that expropriation may occur only for a public purpose or in the public interest and subject to payment of compensation.

Agri SA supported orderly land reform – equitable land distribution is a prerequisite for rural stability and inclusive rural development. Agri-SA believed that expropriation should only be used as a last resort where negotiations fail. There needed to be a clear purpose for expropriation. Compensation should never be dependent on the state’s ability to pay. The land owner should always be afforded recourse to the courts to contest both the merits of the expropriation and the compensation amount.

The Committee was briefed by the Financial and Fiscal Commission (FFC) on the expenditure trends and performance of the Department of Rural Development and Land Reform (DRDLR) and its entities for 2014/15 and the first quarter of the 2015/16 financial year.

The Department of Rural Development and Land Reform (DLDLR) provided a progress report on its interventions to address the challenges arising from the actions of the Rama Communal Property Association (CPA). The CPA had initiated some income generating activities on its land, which included a quarry business, and had started a museum and an entertainment centre that featured a cinema. In partnership with the Tshwane Metropolitan Municipality and private investors the CPA was in the process of developing houses on its land.