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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.
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Library Resource
The Deputy Minister of Public Works, Mr Jeremy Cronin, briefed the Committee on the preliminary responses of the Department of Public Works (DPW) to the inputs received during the public hearings on the Expropriation Bill [B4- 2015]. However, the Department had been expecting that the Committee would finalise its report on those hearings and thus did not yet have a full written response. The DPW acknowledged that there were many useful points but had not accepted all input.
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Library Resource
The Deputy Minister of Public Works continued to take Members through the comments made during the public hearings on the Expropriation Bill, indicating what comments had been made and whether the Department agreed with them or had other views. The Department had added to the Preamble to make it clear that section 34 of the Constitution provided that anyone had the right to approach the courts for resolution of a dispute. In relation to the definitions, there was discussion on whether the Bill should refer to both high courts and magistrates’ courts.
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Library Resource
The Committee continued deliberations on the official list of committee proposed amendments to the Bill (A-list) accompanied by the B version which incorporated all the proposed amendments into the Bill. Chapter 4 on Intention to Expropriate and Expropriation of Property was completed.
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Library Resource
The Deputy Minister of the Department of Rural Development and Land Reform (DRDLR), addressed the Committee on the motivation for the amendments to the Extension of security of tenure (land) Amendment Bill, saying the fundamental resolve was to overcome decades of hardship in South Africa. Its redress was not about obsolete political stories, but about the creation of just opportunities.
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Library Resource
The Ingonyama Trust Board (the Trust) presented its Annual Report for the 2014/2015 financial year. The Trust had committed R6 000 000 for the purchase of tractors to support production on communal land and noted that substantial sums of money were paid out for the benefit of 120 Learners. Employment, HR and vacancy figures were given. The Trust highlighted some performance statistics. In this year, the Board had approved 1 100 tenure rights, falling short of the target of 1 200.
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Library Resource
The Commission on Restitution of Land Rights (the Commission) presented its expenditure trends and financial and performance report for the 1st quarter of the 2015/16 financial year. The performance was fully described by noting the achievements and the targets. In the first quarter, there was a target to settle 92 land claims but the Commission settled 38. 57 land claims were finalised against a quarterly target of 74. Eight projects were approved, against a quarterly target of 12. From the 1998 land claims, 195 land claims were researched compared to the quarterly target of 532.
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Library Resource
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.
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Library Resource
The meeting began with the adoption of the draft report on the budget vote 39, where a number of small issues were raised, including typos and minor amendments. The main thrust of the changes was that the Land Claims Court should be given greater priority, and a policy needed to be put in place to help with alleviating the bottlenecks in these courts. The adoption of the report became heated when the DA abstained from approving it, even though they had been a part of the process from the beginning.
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Library Resource
The draft report on the public hearings on the Implementation of the Recapitalization and Development Programme (RDP) of the Department of Rural Development and Land Reform (the Department) was presented before the Committee for approval and comments. The main issues that arose in the approval of the draft report were the oversight role of the Committee, sustainability and implementation.
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