DEPARTMENT: PUBLIC ENTERPRISES
REPUBLIC OF SOUTH AFRICA
NCOP
QUESTION NO.:265
DATE OF PUBLICATION: 13 August 2010
Mrs E C van Lingen (DA-EC) to ask the Minister of Public Enterprises:
(1) Whether a certain company (name furnished) has discharged all of its
contractual obligations to a certain community (name furnished) which were
subject to a timeframe since the conclusion of certain agreements (details
furnished); if not, (a) why not and (b) which obligations must still be
fulfilled; if so, what are the relevant details;
(2) whether, with regard to the lease agreement concluded between the said
company and a certain association (name and details furnished) for the
housing of Alexander Bay, the said company is paying rent; if not, why not;
if so, (a) to whom is the rent paid, (b) how are these funds being spent
(i) on the housing project and/or (ii) to the benefit of the said
community, (c) who is paying for the maintenance, (d) what are the relevant
details in this regard and (e) what powers and/or rights the said
association has in terms of rental allocations;
(3) whether the said association has the right to sell any of the houses in
Alexander Bay; if not, what is the position in this regard; if so, what are
the relevant details;
(4) whether the said association has sold any of the Alexander Bay homes
during the past three years; if not, what is the position in this regard;
if so, what are the relevant details? CW337E
REPLY
1) No, the company has not discharged all its obligations. The
obligations that have been discharged are:
⢠The transfer of the remainder of Farm 1 (after excision of Alexander
Bay township, the harbour, the Old Heavy Medium Separate (HMS) Plant,
the land on which the airport and border post is situated and
registration of respective servitudes), Farm 155, remainder of Erf 678
Port Nolloth, the remaining extent of the Farm Gypsum No.5, the Farm
Brandkaros No.621, Farm 625, Portion 17 of the Farm Korridor Wes No.2
and Beauvallon to the Richtersveld Community. All Alexkor land has
been transferred to the Richtersveld Community.
⢠Transfer of all the moveable assets relating to its agricultural and
maricultural businesses to the Richtersveld Agricultural Holding
Company (RAHC). Alexkorâs agricultural and maricultural assets were
transferred to RAHC in January 2008.
⢠Environmental rehabilitation and revision of the mineâs Environmental
Management Programme (EMP). Alexkor has an ongoing rehabilitation
programme to address historical environmental disturbances. Alexkor
has concluded and finalised the revision of the EMP for all the
prospecting and mining rights. The amended EMP was submitted to the
then Department of Minerals and Energy (renamed Department of Mineral
Resources) in November 2008.
1) (a)(b) The outstanding obligations are:
⢠Transfer of Alexkorâs land mining rights to the Richtersveld Mining
Company (RMC). In order for the land mining rights to be transferred
to the RMC, Alexkorâs prospecting and mining rights had to be
converted from old order to new order rights in terms of the Minerals
and Petroleum Resources Development Act (MPRDA). Alexkor submitted the
applications for conversion to the Department of Mineral Resources
(DMR) in the first quarter of 2009. The conversion of Alexkorâs land
mining rights to new order mining rights was executed in May 2010.
Transfer of these new order land mining rights to RMC is in progress.
The only outstanding requirement is for RMC to pass a Board resolution
accepting to receive the said mining rights where after it will be
subject to the Minister of Mineral Resourcesâ approval. Alexkor
expects the transfer to be completed in the current financial year.
⢠Establishment of a formal township in terms of the Northern Cape
Planning and Development Act, 1998 at Alexander Bay. To enable such
township establishment to take place, municipal engineering services
have to be upgraded to municipal standards. The Richtersveld Local
Municipality will then take over such services and fulfil all
functions which a local authority has to fulfill in respect of the
provision of engineering services and other public services in the
formally established township of Alexander Bay. The upgrade of the
township civil and electrical engineering services to municipal
standards has commenced and is expected to be completed in July 2011.
⢠The transfer of erven within Alexander Bay Township to the
Richtersveld Property Holding Company, the Richtersveld Municipality,
State and Provincial departments and religious organisations.
Residential erven identified for Alexkorâs right of use shall also be
transferred to the Richtersveld Property Holding Company subject to
the reservation in title of the right of occupation for a period of
ten years in favour of Alexkor against payment of R45 million on the
date of transfer. All township properties will be transferred to
respective parties after formal township establishment.
(2) The residential and commercial properties in Alexander Bay shall, after
the formal township establishment of Alexander Bay, be transferred to and
be owned by the Richtersveld Property Holding Company (RPHC) and not the
Richtersveld Communal Property Association. In terms of the Deed of
Settlement, Alexkor will lease the residential properties from RPHC for a
period of 10 years. Alexkor shall maintain the properties during this
period and pay RPHC a sum of R45 million as the rental for the said 10 year
lease of the properties. No rent has been paid because the properties have
not yet been transferred to RPHC.
3) The Richtersveld Communal Property Association has no legal right to
sell any of the houses in Alexander Bay.
(4) The Richtersveld Communal Property Association has not sold any of the
houses in Alexander Bay.
Remarks: Reply: Approved / Not
Approved
Andrew Shaw Barbara Hogan, MP
Acting Director-General Minister of Public
Enterprises
Date: Date: