Delays cause land claims to expire

Farmers were forced to finalise a land claim themselves, after it had dragged on for 4 years. The land claim was to be dealt with by the Chief Land Claims Commissioner, Mr Tozi Gwanya, but farmers claim he made threats to expropriate the land.

"Gwanya's threats that agreements must be reached within six months or else he would expropriate the land, are preposterous in the light of the fact that farms with willing sellers have to be revalued nine times when government does not respond," says Dr Theo de Jager, Vice Chairperson of Agri Limpopo.

"In the light of the way that the process had been handled up to now, it would be impossible to meet the land claims deadline, even if all land owners were willing sellers. Only a small percentage of land claims have been published in the Government Gazette, and after publication, all claims drag on for longer than two years. Less than 11% of Limpopo's land claims have been completed, and Limpopo is way ahead of the rest."

According to De Jager, the Mashishimale claim near Phalaborwa had to be revalued three times since 2002. "The claim was accepted, the price was accepted, but it keeps expiring because government is taking its time. "Farmers involved in the Seloane claim between Giyani and Letsitele had accepted the government's offers in January 2004 already, but received draft contracts only in April 2006. In the mean time, the prices have become outdated."

At Burgershall in Mpumalanga, land has been registered in the names of the new owners, even though the farmers hadn't received their money yet.

Gwanya had assured Mr Ben Cilliers of Mpumalanga that he will personally ensure that his land claim is taken care of within two months if he would be willing to accept 30% less than the average of two government valuations of the land. Mr Cilliers then agreed simply to get it all behind him.

The claim was published in November 2002. The farm had been revalued nine times and six written offers had been signed before it was suddenly finalised in March this year after it became known that Cilliers was planning to force government in the High Court to either withdraw its claim on the land, buy the land, or expropriate the land.

Five letters of enquiry to the Minister of Agriculture and Land Affairs elicited no response except acknowledgement of receipt, and assurances that the matter is "being dealt with".

According to him, he is not aware of any land claims which were dealt with by Gwanya which took as long as stated in Mpumalanga.

The Sanford farms near Hazyview suffer the same problems. Farmers have been given assurances by the provincial land claims commission that claims will be taken care of quickly if they accept lower valuations. Some of these farmers have agreed to this.

They have accepted lower valuations on two occasions. Their contracts have been "finalised and sent to the minister for approval" 27 months ago. Nothing has happened since. They are now going to court. – Isabel stoltz

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