NATIONAL ASSEMBLY
WRITTEN REPLY
QUESTION 516
DATE OF PUBLICATION: FRIDAY 28 OCTOBER 2011 [IQP No 33 -2011] SECOND
SESSION, FOURTH PARLIAMENT
Question 516 for written reply: National Council of Provinces, Mr R.A Lees
(DA) to asked the Minister of Agriculture, Forestry and Fisheries:
(1) Whether her department maintains a record of reported incidents of
illegal breaking of virgin land; if not, why not; if so, (a) how many
incidents have been recorded from 1 January 2007 to 31 December 2010 and
(b) what are the details of the reported incidents with regard to the (i)
municipalities where they have occurred, (ii) persons or entities
responsible and (iii) extent to which the land was broken;
(2) whether any persons or entities involved in the illegal breaking of
virgin land were prosecuted; if not, why not; if so, what are the relevant
details;
(3) whether her department has facilitated the restoration of these lands;
if not, why not; if so, what are the relevant details;
(4) whether her department has any mechanisms in place to (a) monitor and
(b) prevent illegal breaking of virgin land; if so, what mechanisms; if
not,
(5) whether such mechanisms will be considered; if not, why not; if so,
what are the relevant details? CW619E
REPLY:
1) Yes, The Department maintains a record of reported incidents of
illegal breaking of virgin land.
a) The number of incidents recorded from 1 January 2007 to 31
December 2010 is Forty six (46).
b) The details of the reported incidents of illegal breaking of
virgin land (i) municipalities where they have occurred, (ii)
persons or entities responsible and (iii) extent to which the
land was broken;
Table 1: The details of the reported incidents of illegal
breaking of virgin land
| |Municipality |Persons or entity |Extent of |
| | |responsible |illegal |
| | | |cultivation (Ha)|
|1. |uKhahlamba Local |Calvina Farm |5 |
| |municipality | | |
|2. |uKhahlamba Local |Morningside Farm |5 |
| |municipality | | |
|3. |uMsunduzi Local Municipality|Bounty Farm |3 |
|4. |uMsunduzi Local Municipality|Liliefontein Farm |4 |
|5. |uMlalazi Local Municipality |Coppermoon Trading |10 |
|6. |uMshwathi Local Municipality|Kruisfontein Farm |16 |
|7. |uMshwathi Local Municipality|Vaggenbeitjies Farm|12 |
|8. |Richmond Local Municipality |Solycreth Farm |2 |
|9. |Richmond Local Municipality |Hopewell Farm |10 |
|10. |Greater Kokstad Municipality|The Crown Farm |40 |
|11. |KwaSani Local Municipality |Bonsma Farm |5 |
|12. |Ubuhlebezwe Local |Mabedlana Farm |6 |
| |Municipality | | |
|13. |Mnambithi Local Municipality|Vaalbank Farm |36 |
|14. |uMngeni Local Municipality |Sesley Farm |3 |
|15 |uMvoti Local Municipality |Van Rooyen |450 |
|16 |ILembe Municipality |Farm Lot 51, no. |10 |
| | |3693 | |
|17 |Motheo Local Municipality |Mr J Berlyn |12 |
|18 |Cape Aghulus |Johannes Swart |16.4 |
|19 |Cape Aghulus |Mike De Kock |54 |
|20 |Cape Aghulus |Johan Lourens |28 |
|21 |Cape Aghulus |Wynand Wessels |30 |
|22 |Breede Valley Local |JW Pieterse & P |72 |
| |Municipality |Hugo | |
|23 |Breede Valley Local |TG Erasmus |300 |
| |Municipality | | |
|24 |Breede Valley Local |Deeike |3.1 |
| |Municipality | | |
|25 |Breede Valley Local |Symington Trust |10 |
| |Municipality | | |
|26 |Breede Valley Local |M Lee |16 |
| |Municipality | | |
|27 |Breede Valley Local |M Stevensons |12 |
| |Municipality | | |
|28 |Breede Valley Local |Wittels Rivier |17 |
| |Municipality | | |
|29 |Breede Valley Local |Philliana Trust |34 |
| |Municipality | | |
|30 |Breede Valley Local |Daniel Reynolds |16 |
| |Municipality | | |
|31 |Breede Valley Local |Olifant Berg |27 |
| |Municipality | | |
|32 |Swellendam Local |Mr D.CFourie |5 |
| |Municipality | | |
|33 |Swartland L.M |Vos Smit |20 |
|34 |Overstrand Local |Malcolm Tremmers |30 |
| |Municipality | | |
|35 |Eden |JJ Coetzee |15 |
|36 |Central Karoo |Kobus de Kock |5 |
|37 |Swartland Local Municipality|Adriaan Marais |5 |
|38 |Theewaterskloof Local |Braamgerricke |10 |
| |Municipality | | |
|39 |Ndlambe Local Municipality |E Brotherton |46 |
|40 |Ndlambe Local Municipality |IP Muller |18 |
|41 |Kouga Local Municipality |PL Ferreira |18 |
|42 |Sunday River Local |M Muller |6 |
| |Municipality | | |
|43 |Sunday River Local |R Orben |15 |
| |Municipality | | |
|44 |Koukamma Local Municipality |Du Toits |5 |
|45 |Koukamma Local Municipality |T Kritzinger |24.4 |
|46 |Makana Local Municipality |F Wehmeyer |90 |
2) Whether any persons or entities involved in the illegal breaking of
virgin land were prosecuted; if not, why not; if so, what are the
relevant details;
Yes, below are cases whereby prosecution is being pursued and is
still work in progress with relevant stakeholders to secure
conviction.
Table 2: Case on illegal breaking of virgin land
| |Municipality |Persons or |Extent |Progress |
| | |entity |of | |
| | | |illegal | |
| | | |(Ha) | |
|1. |Cape Agulhas |Mike de Kock |54 |Awaiting for |
| | | | |court date |
|2. |Breede Valley Local |JW Pieterse & P |72 |Task team |
| |Municipality |Hugo | |formed amongst |
| | | | |relevant |
| | | | |stakeholders. |
| | | | |DAFF & DEADP |
| | | | |still to |
| | | | |finalise an |
| | | | |affidavit and |
| | | | |further steps |
| | | | |necessary. |
|3. |Breede Valley Local |TG Erasmus |300 |Task team |
| |Municipality | | |formed amongst |
| | | | |relevant |
| | | | |Stakeholders. |
| | | | |DAFF & DEADP |
| | | | |still to |
| | | | |finalise an |
| | | | |affidavit and |
| | | | |further steps |
| | | | |necessary. |
|4 |Breede Valley Local |Symington Trust |10 |Task team |
| |Municipality | | |formed amongst |
| | | | |relevant |
| | | | |stakeholders. |
| | | | |DAFF & DEADP |
| | | | |still to |
| | | | |finalise an |
| | | | |affidavit and |
| | | | |further steps |
| | | | |necessary. |
|5 |Breede Valley Local |M Lee |16 |Task team |
| |Municipality | | |formed amongst |
| | | | |relevant |
| | | | |stakeholders. |
| | | | |DAFF & DEADP |
| | | | |still to |
| | | | |finalise an |
| | | | |affidavit and |
| | | | |further steps |
| | | | |necessary. |
|6. |Breede Valley Local |M Stevensons |12 |Task team |
| |Municipality | | |formed amongst |
| | | | |relevant |
| | | | |stakeholders. |
| | | | |DAFF & DEADP |
| | | | |still to |
| | | | |finalise an |
| | | | |affidavit and |
| | | | |further steps |
| | | | |necessary. |
|7. |Breede Valley Local |Philliana Trust |34 |Task team |
| |Municipality | | |formed amongst |
| | | | |relevant |
| | | | |stakeholders. |
| | | | |DAFF & DEADP |
| | | | |still to |
| | | | |finalise an |
| | | | |affidavit and |
| | | | |further steps |
| | | | |necessary. |
3) Whether the department has facilitated the restoration of these
lands; if not, why not; if so, what are the relevant details;
Yes, in terms of the Conservation of Agricultural Resources Act, 43
of 1983 directives were served to transgressing land users and with
prescribed control measures. Prescribed control measures vary from
farm to farm based on biophysical nature of the farm. Further
details are provided in the table here below:
Table 3: Details on control measures directed to land users for the
restoration of these lands.
| |Municipality |Persons or |Prescribed |Progress |
| | |entity |measures | |
|1. |Ndlambe Local |E Brotherton|Directed to |Land under |
| |Municipality | |plant permanent|permanent |
| | | |pasture |pasture |
|2. |Ndlambe Local |IP Muller |Directed to |Cover crops |
| |Municipality | |plant permanent|planted |
| | | |pasture |between citrus|
| | | | |trees |
|3. |Kouga Local |PL Ferreira |Directed to |Directive |
| |Municipality | |plant permanent|appealed and |
| | | |pasture |withdrawn |
|4. |Sunday River Local |M Muller |Directed to |Land under |
| |Municipality | |plant permanent|permanent |
| | | |pasture |pasture |
|5. |Sunday River Local |R Orben |Directed to |Land under |
| |Municipality | |plant permanent|permanent |
| | | |pasture |pasture |
|6. |Koukamma Local |Du Toits |Directed to |Land under |
| |Municipality | |plant permanent|permanent |
| | | |pasture |pasture |
|7. |Koukamma Local |T Kritzinger|Directed to |Land under |
| |Municipality | |plant permanent|permanent |
| | | |pasture |pasture |
|8. |Makana Local |F Wehmeyer |Directed to |Land under |
| |Municipality | |plant permanent|permanent |
| | | |pasture |pasture |
|9. |uKhahlamba Local |Calvina Farm|Directed to |Reg. 2 permit |
| |municipality | |stop the |issued. Land |
| | | |cultivation |currently |
| | | |immediately & |under dryland |
| | | |apply for |crop |
| | | |Regulation 2 |production |
| | | |permit |(optimal |
| | | | |utilization) |
|10. |uKhahlamba Local |Morningside |Directed to |Land under |
| |municipality |Farm |cease illegal |natural veld |
| | | |cultivation | |
| | | |immediately & | |
| | | |rehabilitate | |
|11. |uMsunduzi Local |Bounty Farm |Directed to |Permit issued.|
| |Municipality | |cease illegal |Land currently|
| | | |cultivation and|under dryland |
| | | |apply for |cultivation |
| | | |Regulation 2 | |
| | | |Permit | |
|12. |Richmond Local |Liliefontein|Directed to |Permit issued.|
| |Municipality |Farm |cease illegal | |
| | | |cultivation and|Land under |
| | | |apply for |natural veld |
| | | |Regulation 2 | |
| | | |Permit | |
|13. |uMngeni Local |Sesley Farm |Directed to |Land under |
| |Municipality | |cease illegal |permanent |
| | | |cultivation and|pasture |
| | | |apply for | |
| | | |Regulation 2 | |
| | | |Permit | |
|14. |uMlalazi Local |Coppermoon |Directed to |Permit issued.|
| |Municipality |Trading |cease illegal |Land under |
| | | |cultivation |sugar cane |
| | | |immediately & |(irrigated) |
| | | |apply for | |
| | | |Regulation 2 | |
| | | |permit | |
|15. |uMshwathi Local |Kruisfontein|Directed to |Natural |
| |Municipality |Farm |cease illegal |rehabilitation|
| | | |cultivation |, currently |
| | | |immediately & |under natural |
| | | |rehabilitate |veld |
|16. |uMshwathi Local |Vaggenbeitji|Directed to |Natural |
| |Municipality |es Farm |cease illegal |rehabilitation|
| | | |cultivation |. Currently |
| | | |immediately & |under natural |
| | | |rehabilitate |veld |
|17. |Richmond Local |Solycreth |Directed to |Rehabilitated |
| |Municipality |Farm |cease illegal |naturally. |
| | | |cultivation |under natural |
| | | |immediately & |veld |
| | | |rehabilitate | |
|18. |Richmond Local |Hopewell |Directed to |No Regulation |
| |Municipality |Farm |stop the |2 permit |
| | | |cultivation |issued. |
| | | |immediately, |Cultivation |
| | | |rehabilitate & |was stopped. |
| | | |apply for |Land |
| | | |Regulation 2 |rehabilitated |
| | | |Permit |naturally. |
| | | | |Fined through |
| | | | |NEMA |
|19. |Greater Kokstad |The Crown |Directed to |Wetland under |
| |Municipality |Farm |immediately |rehabilitation|
| | | |cease illegal | |
| | | |cultivation of | |
| | | |wetland & | |
| | | |rehabilitate | |
| | | |into permanent | |
| | | |planted pasture| |
|20. |KwaSani Local |Bonsma Farm |Reported: |Currently |
| |Municipality | |Verification |under planted |
| | | |indicated that |pasture |
| | | |it was not a | |
| | | |virgin land but| |
| | | |a previously | |
| | | |cultivated land| |
|21. |Ubuhlebezwe Local |Mabedlana |Directed to |Rehabilitated |
| |Municipality |Farm |immediately |back into |
| | | |cease illegal |natural veld |
| | | |cultivation & |with soil |
| | | |rehabilitate |retaining |
| | | |with a soil |grass (Kikuyu)|
| | | |retaining grass| |
|22. |Mnambithi Local |Vaalbank |Directed to |Permit issued.|
| |Municipality |Farm |immediately |Land under |
| | | |cease illegal |maize |
| | | |cultivation & |production |
| | | |apply for |(irrigated) |
| | | |cultivation | |
| | | |permit | |
|23. |uMvoti Local |Van Rooyen |Directed to |250 Ha, permit|
| |Municipality | |immediately |granted |
| | | |cease illegal |through |
| | | |cultivation & |integrated |
| | | |apply for |afforestation |
| | | |cultivation |authorization |
| | | |permit/water |and 200 ha |
| | | |use licence for|declined. 250 |
| | | |250 ha, and |ha currently |
| | | |rehabilitate |under timber |
| | | |200 ha. |plantation and|
| | | | |200 ha back to|
| | | | |natural veld. |
|24. |ILembe Municipality |Farm Lot 51,|Directed to |Still being |
| | |no. 3693 |immediately |processed (EIA|
| | | |cease illegal |Listing notice|
| | | |cultivation & |3 |
| | | |apply for |considerations|
| | | |cultivation |) |
| | | |permit | |
|25. |Cape Aghulus |Mike de Kock|No further |Illegal |
| | | |development is |activity |
| | | |allowed and |ceased after |
| | | |where there is |the case was |
| | | |erosion soil |reported to |
| | | |conservation |court. |
| | | |measures were | |
| | | |recommended. | |
|26. |Cape Aghulus |Johannes |Directive |Compliance |
| | |Swart |issued to stop |notice issued |
| | | |illegal | |
| | | |cultivation of | |
| | | |virgin land. | |
|27. |Swellendam Local |Mr D.CFourie|Establish cover|Complied with |
| |Municipality | |crops and no |the directive |
| | | |further | |
| | | |cultivation | |
| | | |allowed due to | |
| | | |slope and | |
| | | |conservation | |
| | | |measures will | |
| | | |be difficult | |
|28. |Swartland L.M |Vos Smit |Directive |Compliance |
| | | |issued to stop |notice issued |
| | | |illegal | |
| | | |cultivation of | |
| | | |virgin land. | |
|29. |Overstrand Local |Malcolm |Directive |Specialist |
| |Municipality |Tremmers |issued to stop |appointed for |
| | | |illegal |rehabilitation|
| | | |cultivation of | |
| | | |virgin land. | |
|30. |Central Karoo |Kobus de |Directive |Compliance |
| | |Kock |issued to stop |notice issued |
| | | |illegal | |
| | | |cultivation of | |
| | | |virgin land. | |
|31. |Swartland Local |Adriaan |Directive |Compliance |
| |Municipality |Marais |issued to stop |notice issued |
| | | |illegal | |
| | | |cultivation of | |
| | | |virgin land. | |
|32. |Theewaterskloof Local|Braamgerrick|PDA provided |Compliance |
| |Municipality |e |the rehab plan |notice issued |
| | | |with relevant | |
| | | |conservation | |
| | | |measures | |
|33. |Cape Aghulus |Johan |Directive |Compliance |
| | |Lourens |issued to stop |notice issued |
| | | |illegal | |
| | | |cultivation of | |
| | | |virgin land. | |
|34. |Cape Aghulus |Wynand |Directive |Compliance |
| | |Wessels |issued to stop |notice issued |
| | | |illegal | |
| | | |cultivation of | |
| | | |virgin land. | |
|35. |Eden |JJ Coetzee |Directive |Compliance |
| | | |issued to stop |notice issued |
| | | |illegal | |
| | | |cultivation of | |
| | | |virgin land. | |
4) Whether the department has any mechanisms in place to (a) monitor
and (b) prevent illegal breaking of virgin land; if so, what
mechanisms; if not,
5) Whether such mechanisms will be considered; if not, why not; if so,
what are the relevant details? CW619E
a) Yes, Mechanism to monitor is provided for through reporting by
land users, agriculturist, satellite spot image, Soil
Conservation Committees and routine inspections by Resource
Auditors delegated to enforce Conservation of Agricultural
Resources Act, Act 43 of 1983.
b) Mechanism to prevent illegal breaking of virgin land includes
awareness campaigns to land users and broader public about
provisions of Conservation of Agricultural Resources Act, Act 43
of 1983. [pic]