NATIONAL ASSEMBLY
WRITTEN REPLY
QUESTION 92
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INTERNAL QUESTION PAPER [No 01-2014]
DATE OF PUBLICATION:  13 February 2014
92. Mr K J Mileham (DA) to ask the Minister of Rural Development and Land
Reform:
1) How many applications in terms of section 16 of the Land Reform
(Labour Tenants) Act, Act 3 of 1996, has his department, (a) received,
(b) processed and (c) finalised;
2) what are the reasons for the delay in processing these applications;
3) what litigation is his department facing in this regard;
4) what steps are being taken to (a) address the delays in finalising
these applications and (b) prevent the re-occurrence of such delays in
the future;
(5) Whether he would make a statement on the matter?
NW93E
THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:
1) (a) 18 044.
(b) The total number of labour tenant applications processed in
terms of section 17 notices is 10 551.
(c) 7 493.
2) Delays in processing the applications are attributed to the following:
⢠Lack dedicated capacity
⢠Overlapping land rights between restitution claims and labour
tenants applications
⢠Refusal of Section 17 Notices by land owners.
3) The Department of Rural Development and Land Reform is facing litigation
due to a court case lodged on behalf of the Mwelase labour tenants who
want their case to be referred to court in terms of sections 16 and 17 of
the Labour Tenants Act, 1996. (Mwelase and AFRA v DG DRDLR and Minister
DRDLR).
4) (a) In order to address the delays and other challenges faced
in processing the labour tenants application;
⢠Firstly, the Department is currently revising its tenure
policy, legislation, systems and procedures in order to
strengthen the land rights of labour tenants.
⢠Secondly, institutions will be established at both national
and local level to resolve a myriad of conflicts affecting
labour tenants applications (such as overlapping land rights)
through alternative dispute mechanism.
⢠Thirdly, the labour tenantsâ applications have been
prioritised for the financial year 2014/2015 Annual
Performance and Operational Plans.
⢠Fourthly data verication process on the labour tenantsâ
application is being conducted and will be followed by the
automation of the labour tenantsâ database.
⢠Lastly, the branch Land Reform and Administration has also
been split into two branches, namely, the Redistribution and
Development Branch and the Land Tenure and Administration
Branch to amongst other things provide additional capacity at
both the national and local levels in order to address
service delivery issues such as the finalization of the
labour tenantsâ applications.
(b) With the introduction and implementation of the above
mentioned controls and corrective measures, it is envisaged that
future delays will be arrested.
5) No.