PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM PRESENTATION ON RESTITUTION COURT CASES 13 APRIL 2011 MDUDUZI SHABANE DIRECTOR-GENERAL

OUTLINE Number of cases (restitution) in court Categories or types of litigation matters that arise in restitution Nature of the disputes How disputes are dealt with Role of Department in each category or type Challenges faced in dealing with litigation Remedial Action in place Court Orders

NUMBER OF CASES IN COURT RLCC Referral Review Direct Access Matters to compel payment of purchase price Other (declaratory, interdict, etc) Total Percentage Eastern Cape 3 1 4 11 4% Free State & Northern Cape 5 20 6% Gauteng & North West 14 15 7 44 14% KwaZulu-Natal 71 13 114 37% Limpopo 19 52 16% Western Cape 6 8 2% Mpumalanga 33 12 9 67 21% 147 63 10 37 59 316 100% 47% 20% 3% 12% 18%

CATEGORIES OF COURT CASES Referral of disputes to court (s14) Disputes are on validity of a claim (85%), quantum payable (10%), type or form of restitution to be provided (5%); Role of Department is to refer the claim to court and present its research findings; Claimants are required to prosecute their claim, i.e. bring evidence of entitlement to restitution; and Where there is merit to the claim, the Minister abides by the decision of the Court

CATEGORIES OF COURT CASES (cont) Review (s36) Where a party affected by a decision taken by a functionary, in terms of the Restitution of Land Rights Act, is not satisfied with that decision or action and requires a court to review the decision; Role of the Department is to provide information to the Court justifying the decision; and Where Claimants initiate the review, prosecute it; where Claimants are affected (review brought by the current landowner) Claimants defend their right to restitution.

CATEGORIES OF COURT CASES (cont) Direct Access (s38B) Claimant may approach the Land Claims Court directly; Claim must be lodged within the prescribed period; Department’s role: to provide all relevant information; and Where there is merit to the claim, the Minister abides by the decision of the Court

CATEGORIES OF COURT CASES (cont) Specific Performance Where there is: Contractual arrangements, a party (mostly the Department or the Minister) does not honour the terms of the agreement; Defence: the DRDLR / Minister defends; and No merit: the matter is resolved amicably. Order instructing DRDLR to pay purchase price or interest.

CATEGORIES OF COURT CASES (cont) Other (declarator, interdicts, etc) Where there is: An order for the court to determine a state of affairs; One party requires of the other parties to do or to stop doing something; Merit: the matter is resolved amicably; and where there is no merit, the matters are opposed.

Existing court orders NAME OF CLAIM PROVINCE TYPE OF COURT ORDER DATE OF ISSUE BUDGET ALLOCATED DATE TO BE PAID 1. Msobotsheni KZN Specific performance ( purchase price & interest) 5 May 2009 R 750 000 Within 10 days of transfer 2. Gujini 15 November 2010 R3 600 000 3. BJ Nicholson 3 May 2010 Interest on R6 million End April 4. Lussern Vallei (Silindokuhle) LCC154/2008 Second 50% of the purchase price 5. Shep 11 8 July 2010 Interest amount being calculated by external accountant 6. Gumbi August 2010 R4 500 000 7. Van Coller Limpopo 25 January 2011 Disputed interest Set down 14-15 April 2011 8. Beukes 9. Du Toit 10. JH Coetzee Mpumalanga 18 August 2010 R304, 289.90

Existing court orders Continues… NAME OF CLAIM PROVINCE TYEP OF COURT ORDER DATE OF ISSUE BUDGET ALLOCATED DATE TO BE PAID 11. Mostert Mpumalanga Specific performance (purchase price & interest) 24 June 2010 Interest on R12, 530 191.50 End April 12. Opperman 21 February 2011 R730 000.00 13. Grobler 31 March 2011 R1 233 023.71 14. Huma Family GP&NW 29 October 2009 R20 320 000 Matter awaiting court directive on verification 15. Mokala Bellegings LCC12/2010 Disputed interest Matter still in court 16. Roodepoort 2005 R649 066

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