QUESTION 714
INTERNAL QUESTION PAPER [NO 13-2008]
DATE OF PUBLICATION: 16 May 2008
714. Mr P J Groenewald (FF Plus) to ask the Minister for Agriculture and Land Affairs:
(1)(a) Why did the state buy a certain farm (details furnished) in the vicinity of Delareyville from a certain person (name furnished) as reported in the media (details furnished) and (b) what amount was paid for the farm;
(2) whether this sum reflects the market value; if not, why not; if so, what are the relevant details;
(3) whether she will make a statement on the matter? NW1316E
THE MINISTER FOR AGRICULTURE AND LAND AFFAIRS:
(1) (a) The Commission on Restitution of Land Rights received two separate land claims lodged by Chief Noto Andrew Moshoete for various farms on behalf of the Barolong Boo Ratlou Boo Seitshero Community. The community was dispossessed of rights in land and their land claim was considered prima facie valid, hence it was published in Government Gazette No. 27735 under Notice No. 1090 of 8 July 2005.
The above land claimants opted for restoration of land as a form of restitution award, hence portion 11 (RE) of the farm De Hoop was purchased from Mr John Sebedi Molete to form part of the restitution award.
(b) R800 000.00.
(2) Yes. The price includes both the value for land and improvements. At the time the valuation was conducted, the market value of the land was calculated as follows as per valuation conducted by an independent external service provider:
-
Natural grazing and common land: R1 500.00 to R3 000.00;
-
planted grazing (no irrigation): R3 000.00 to R4 500.00; and
-
cultivated land (no irrigation): R3 000.00 to R4 500.00.
The total extent of remaining extent of portion 11 (RE) of the farm De Hoop was 42.6171 hectares, comprising of 28.5200 hectares of cultivated land with no irrigation and 14.1 hectares of natural grazing and common land. The land was valued at R3 000.00 and R1 500.00 for cultivated land with no irrigation and natural grazing respectively. The total value of the land only amounted to R106 710.00 as per valuation. The difference between this amount (R106 710.00) and the purchase price (R800 000.00) is attributable to the improvements, which included the main dwelling (3 bedrooms, 2 bathrooms, dining room and lounge, entrance and living room, kitchen, laundry room and terrace) and outer buildings (store room and toilet, 4 garages, animal canopy, complete bottle store with stores, cooler rooms and workers’ house).
The calculation of the settlement for this land claim has been done according to the current policy for settlement of claims. Furthermore, claims for restoration are valued at current market value, history of acquisition, extent of state subsidies in the beneficial capital, improvement of the property, and current land use.
.
(3) No.
QUESTION 716
DATE OF PUBLICATION: FRIDAY 16 MAY 2008 [IQP N 08 -2008]
Question 716 for Written Reply, National Assembly Dr. R. Rabinowitz (IFP) to ask the Minister for Agriculture and Land Affairs:
Whether her department (a) has conducted or (b) will conduct an investigation into the rapid increase in basic food prices in the past four months; if not, why not; if so, (i) what factors account for the increases and (ii) what action is she taking to address these factors? NW1325E
REPLY
(a)(b) There are activities in place to monitor food prices. The functions of the Food Pricing Monitoring Committee – established by the Minister of Agriculture and Land Affairs in consultation with Cabinet in 2003 – were taken over by the National Agricultural Marketing Council (NAMC) after the committee completed its work in August 2004. The NAMC issues 4 media releases every year and since 2005 also publishes an Annual Food Cost Review which documents the margins between farm prices and retail prices of the major food products. This year a Food Price Monitor report was released end of January and the next report is due end of May this year. Moreover, changes in food prices are measured on a continuous basis.
(i) The reasons for the increase in food prices – internationally and locally - can be traced back to different complex variables. The global production and stock situation for grains and oilseeds, i.e. consumption is outpacing supply. The emerging biofuel industry is one of the major drivers, as well as more affluent consumers in developing countries. The fact that South Africa imports certain major grain commodities is pushing prices towards import parity, which is already high. Added to this is the fact that demand in South Africa is also strong as there are more people in the higher income brackets of the population than before. In short, prices are driven by demand and supply factors, together with increasing input costs, especially increasing oil prices.
(ii) There is currently an inter-ministerial process underway to investigate potential interventions to alleviate the impact of high food prices."
QUESTION NO.: 719 DATE OF PUBLICATION: 16 MAY 2008
Dr J T Delport (DA) to ask the Minister for Justice and Constitutional Development:
(1) (a) what is meant by “[a] person authorised in writing by such public body” referred to in section 15(2)(a) of the Magistrates' Courts Act, Act 32 of 1944, with regard to (i) whom such persons report to, (ii) what the extent of their powers are and (iii) how they are recruited, selected and employed and (b) to whom should complaints relating to such persons be directed;
(2) whether she is ultimately responsible for their conduct; if not, who is; if so, what are the relevant details?
NW1372E
REPLY
(1)(a) Section 15(2) of the Magistrates' Courts Act, Act 32 of 1944 reads as follows -
Service of process by the police -
Whenever under any law a public body has the right to prosecute privately in respect of any offence or whenever under any law any fine imposed on conviction in respect of any offence is to be paid into the revenue of a public body, the process of the court and all other documents in the case in which prosecution takes place for such offence, shall be served-
by a person authorized in writing by such public body;
-
where it is expedient that such process shall be served in the area of jurisdiction of another public body, by a person authorized as contemplated in paragraph (a) by such other public body; or
-
with the consent of the Minister by a member of the police force, in which case fees in accordance with the scale set out in the rules shall be paid by the public body or such compounded amount in respect of all such process and other documents in any year as may be agreed between the said public body and the Minister, and such fees or such amount shall be paid into the National Revenue Fund.
The Magistrates’ Courts Act, 1944 does not as such provide a definition for Public Body, but it is defined in various other pieces of legislation (such as the Promotion of Access to Information Act 2 of 2000, the Prevention and Combating of Corrupt Activities Act 12 of 2004 as well as the Electronic Communications and Transactions Act 25 of 2002) as -
-
any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or
-
any other functionary or institution when-
-
exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or
-
exercising a power or performing a function in terms of any legislation;
It can thus also be a Municipality which authorises persons in writing to deliver traffic summonses.
In Goldberg v Durban City Council 1970 (3) SA 325 (N) it was held that “[a] person authorized in writing by such public body” referred to in section 15(2)(a) of the Magistrates’ Courts Act, 1944 ( Act No 32 of 1944), contemplates that the persons “duly authorized in writing” by the public body to serve the processes or documents referred to, shall do so as the servant or agent of the public body, which will be liable for the wrongful acts of such servant or agent when acting in the course and within the scope of its authority.
Such persons thus appointed by the Municipalities to serve process are governed by the appointment process of the Municipalities and only have powers to the extent so indicated in their appointment letters as they are the agents of such Municipalities. Their recruitment, selection and employment falls within the authority of the Municipality.
(b) In view of the aforementioned, complaints relating to such persons must be directed to the public body concerned.
(2) The public body authorizing such persons in writing is ultimately responsible for their conduct.
QUESTION NO.: 720
Dostları ilə paylaş: |
