The Land Reform and Rural Development Portfolio Committee was briefed by the Department of Land Reform and Rural Development on the Tenure Reform Programme, focusing on land tenure rights for farm dwellers and labor tenants.
The committee opted to postpone the section on communal land ownership for a later date. This gave additional time for discussing the department’s report on tenure rights for farm inhabitants and workers, which included details about the department’s advancements in obtaining land, safeguarding farm inhabitants’ tenure rights, and resolving labor tenant requests submitted under the Land Reform (Labor Tenants) Act No 3 of 1996.
The commission was informed that among the 20 524 requests from labor tenants received by the conclusion of March 2001, 11 423 have been resolved by the department, leaving 9 101 cases still unresolved. The committee was pleased with the progress, but members were highly dissatisfied with the fact that it took 23 years to resolve slightly more than half of the applications. However, the committee expressed approval for the involvement of the judiciary in supervising the resolution of these requests by a Special Master of Labour Tenants at the Land Claims Court.
Nevertheless, in the event that certain data from the department contradicted earlier findings from the sixth Parliament, Mr Albert Mncwango, Chairperson of the Portfolio Committee on Land Reform and Rural Development, stressed the significance of supplying the committee with trustworthy information.
The committee was also unhappy that the department failed to tackle the problem of evictions or clarify how it has endeavored to protect the rights of farm residents, such as by giving details about the roles of the Panel of Mediators and Judicial Administrators, the Panel of Arbitrators, legal assistance from the Legal Aid Board and the Land Rights Awareness Campaigns.
Committee members were worried about the perceived lack of advancements made in dealing with the deficiencies outlined in the Joint Oversight Report from the Employment and Labour and Agriculture, Land Reform, and Rural Development portfolio committees, presented in the National Assembly in 2022.
- The department responded by stating that an individual briefing would be necessary in order to furnish the committee with a thorough overview of its actions in response to the suggestions. Nevertheless, the department indicated that numerous of the gaps outlined in the parliamentary document were reflected in the Implementation of Safeguard of Occupancy Revision Act, which was enforced in April 2024. These revisions supported, in addition, the formation of land rights administration boards and panels to address various concerns impacting agricultural residents and workers.
Ms. Moyo, the Acting Director-General of the department, emphasized that the department’s advancements are consistent with the funds allotted and the number of personnel available. She indicated that in addition to a drop in budget from R206,293,000 in 2021/22 to R111,438,000 in 2024/25, each regional land reform office only has three employees.
Ms Moyo clarified that the sluggish speed of completing laborer occupier requests mirrors the resources accessible to the department. It was suggested by her that Parliament should take into consideration allocating additional funds to allow the department to hire additional staff and resolve the cases.
She mentioned that a portion of the delay was due to extended talks with agricultural land holders. Discussions regarding land rights can frequently conclude without a resolution, leading to prolonged legal proceedings, she additionally noted.
Mr. Stanley Mathabatha, the Deputy Minister of Land Reform and Rural Development, expressed gratitude for the committee’s support in advocating for additional funds, noting that the department’s budget for implementing the Extension of Security of Tenure Amendment Act and the Land Tenure Act was insufficient to achieve desired outcomes.
Mncwango, the Chairperson of the Committee, stressed the importance of conducting an audit to measure the magnitude of farm expulsions and the quantity of unresolved laborer applicant requests. He also requested the creation of a strategy to resolve disputes quickly. The committee plans to ask the Special Master for Labor Tenants to attend a meeting and talk about ways to speed up labor tenant applications. Mr Mncwango also encouraged the department to conduct land rights education initiatives to notify farm residents and agricultural workers about their lawful entitlements.
Publishing Editor: Msizi Mavundla
