The Afrikaner rights group, Afri-Forum has on the 03rd September 2018, held a media briefing in Pretoria on Akkerland Boerdery farms called Lukin and Salaita which are under claim by the Musekwa community.

The Minister of Rural development and Land Reform, Maite Nkoana Mashabane has noted with concern the media reports based on the Afri-Forum press conference involving the expropriation of Lukin and Salaita farms, which are owned by Akkerland Boerdery, and would therefore like to put it on record that the matter is pending the court’s adjudication as the Department and the current owner have exhausted all possible avenues for negotiations which ended in a dispute. The Department wishes to reiterate that it does not have a list of farms nor an alleged list of 139 farms earmarked for expropriation of land without compensation.

We would like to once more place it on record that under the current legal framework for managing land reform programmes, the Department cannot legally expropriate farms without compensation. Parliament’s Constitution Review Committee is still exploring this possibility through a series of consultations, public hearings as well as written submissions. The Department can, however, expropriate land with the payment of Just and Equitable compensation as currently enshrined in Section 25(3) of the Constitution of the Republic of South Africa, which is the case in the Akkerland Boerdery case. The Department and Akkerland Boerdery reached a deadlock on the just and equitable compensation that the Minister offered to the current owners as determined by the Valuer General, who is empowered in terms of the Property Valuation Act of 2014 to make such price determination. Consequently, Afri-Forum’s assertion that the government wants to pay only 10% of the market value of the properties is misguided because the current Constitution enjoins the government to pay Just and Equitable compensation and not market value. The Minister accordingly approved the Final Notice of Expropriation in accordance with the current provisions on expropriation with compensation.

Lastly, the Department would like to dismiss the spurious insinuations by Afri-Forum that expropriation of the Akkerland Boerdery farms is motivated by the government’s plan to satisfy Coal of Africa’s desire to mine coal deposits that are found on the farms as well as the Chinese interests in the development of a multi-billion rand metallurgical processing plant in the area. The Musekwa Community’s land claim was lodged prior to the December 1998 deadline for lodgement of land claims and was gazetted in 2006, long before it was known that there are coal deposits on the land and long before the government declared the area a Special Economic Zone. The Department reserves the right to comment further on the matter as it is Sub Judice.

Issued by the Department of Rural Development and Land Reform

Further Enquiries may be directed: Ms Phuti Mabelebele Spokesperson: Strategic Communications | Tel: +27 12 312 9319 | Cell: 076 402 7521, Email: Phuti.Mabelebele@drdlr.gov.za or Moses Rannditsheni,Media Liason Officer Tel: 012 312 9712 / 082 4482450, Email: Moses.Rannditsheni@drdlr.gov.za

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