first land expropriation problematic
12 March 2007

The first farmland expropriation exercise by the government, to be effective on 15 March 2007, was overshadowed by "outstanding issues" among claimants of the Pniel farm in the Northern Cape.

The land will now first be kept in curatorship by the state before it will be handed to the claimants, the Commission on Restitution of Land Rights said on Saturday.

Limpopo Land Claims Commissioner Mashile Mokono told the Pniel community at a meeting that the land had been registered in the state's name on 26 January and "interim arrangements" regarding the management of the farm would be introduced.

"This land we have taken is actually land in transit, land that's on its way to you," he said to loud applause.

However, the handing over of the farm was pending the finalisation of "all the outstanding issues" around the Community Property Association (CPA) which represented the claimants.

"We have a responsibility to set up a structure to help you," Mokono said. The state has filed papers in court to take over the responsibilities of the CPA. This came after the commission had received various complaints with regards to the CPA from the community, Mokono said.

The CPA is contesting the matter in the Kimberley High Court which will hear argument on 26 March 2007. No further details were provided as the matter was sub judice.

Phillip Olifant, who said he was a Pniel claimant living in Kimberley, however told Sapa the CPA was "taken out" ("uitgehaal") because they were voted in power by the wrong people.

Indicating that a new leadership structure would be elected, Northern Cape MEC for agriculture and land reform Tina Joemat-Pettersson urged the claimants to address the leadership issue.  "Choose people with some backbone that will report to you," she said, adding that people "looking after their own jackets" were not needed.

Joemat-Pettersson told reporters at a news conference afterwards that all "investor" negotiations the CPA had entered into would be subject to investigation and so all complaints would also be investigated.

The farm was previously owned by the Evangelical Lutheran Church of South Africa.  The property was expropriated by the Minister of Agriculture and Land Affairs Lulama Xingwana in terms of the Restitution of Land Rights Act, after negotiations between the state and the church failed.

The commission said 80 percent of the total compensation amount of R35.5-million was paid into the church's bank account in January.

Extracts taken from Sapa, www.business.iafrica.com