NATIONAL ASSEMBLY
WRITTEN REPLY
QUESTION 2111
INTERNAL QUESTION PAPER [No 27-2009]
DATE OF PUBLICATION: 6 November 2009
2111. Mr L B Gaehler (UDM) to ask the Minister of Rural Development
and Land Reform:
1) What is the (a) status of the (i) Lindile and (ii) Highbury
community land claims in Mthatha and (b) reason for the delay in
settling the claims;
2) whether he has been informed of the deteriorating state of the
structures on the property; if so, what are the relevant details;
3) what is the status of the Paynes farm/Zimbane land claim in
Mthatha?
NW2768E
THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:
(1)(a)(i) The Kwa Lindile community land claim has been investigated and
was found to be compliant with section 2 of the Restitution of Land
Rights Act, 1994 (Act No 22 of 1994) (âthe Restitution Actâ).
Claimant verification has been concluded and the Office of the
Regional Land Claims Commissioner: Eastern Cape (RLCC:EC) is in the
process of establishing legal entities to which the land will be
transferred.
(ii) The Highbury community land claim was similarly found to
be legally compliant and has undergone the research and
verification processes. The RLCC:EC is currently negotiating with
all relevant stakeholders including government parastatals, and the
occupiers of the claimed land.
(b) In respect of the Kwa Lindile community land claim, the matter
was in the process of being referred to court in terms of section
14(1) of the Restitution Act, on request by the community due to a
dispute between the King Sabata Dalindyebo (KSD) Municipality and
the community on the issue of the validity of the claim. While the
RLCC:EC was in the process of filing the referral, an application
was lodged in terms of section 34 of the Restitution Act by the KSD
Municipality for an order that the claimed land should not be
restored to the community. The section 34 application was set down
for hearing from 24 to 30 August 2009. Judgment has not yet been
delivered.
With regard to the Highbury community land claim, delays in settling
the land claim have resulted from illegal occupants on some
portions of the land under claim as well as claimant disputes and
internal conflict within the community. The internal conflict has
resulted in the need for further work to be conducted in the area
thus making it extremely difficult for the RLCC:EC to finalise the
matter.
(2) Yes. Negotiations are currently underway with government parastatals
to find ways of making use of the existing structures for the
benefit of the claimant community. The Provincial Rural Development
and Land Reform Office in Mthatha (Eastern Cape) is also assisting
in resolving the matter.
(3) The Zimbane community claim is being investigated and processed
jointly with the Kwa Lindile community claim. This claim is also
before the Land Claims Court as a result of a section 34
application brought by the Municipality and was heard during the
week of 24 to 30 August 2009. Judgment has not yet been delivered.