Words and Deeds
Current news in the field of property law
An Information Service supplied by the KwaZulu-Natal Law Society

8 December 2006

Strategy for restructuring of the RAF

Enforcing a credit : procedure not for the fainthearted

Cancelling an instalment sale of land

CLISB - v.24(3), p.59

Right of pre-emption - Van Aardt and Another v Weehuizen and Others 2006(4) SA 401(N)
CLISB - v.24(3), p.67

Execution against immovable property - Nedbank Ltd v Mashiya and Another 2006(4) SA 422(T)
CLISB - v.24(3), p.68

Double sale of land - Harley v Upward Spiral 1196 CC and Others 2006(4) SA 597(D)
CLISB - v.24(3), p.69

Right to housing - Absa Bank Ltd v Xonti and Another 2006(5) SA 289(C)
CLISB - v.24(3), p.69

Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1988 - Kanescho Realtors (Pty) Ltd v Maphumulo and Others and three similar cases 2006(5) SA 92(D)
CLISB - v.24(3), p.70

Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 - Transnet Ltd v Nyawuza and Others 2006(5) AS 100(D)
CLISB - v.24(3), p.70

Local authority's preference in respect of arrear service fees, rates and municipal taxes - City of Johannesburg v Kaplan NO and Another 2006(5) SA 10(SCA)
CLISB - v.24(3), p.71

Developer aggrieved by objection campaign - Petro Props (Pty) Ltd v Barlow and Another 2006(5) SA 160(W)
CLISB - v.24(3), p.72

Government yesterday made good on its threat to curb the sale of land to foreigners, announcing that it had approved draft legislation aimed at regulating the sale of coastal land to foreigners and the super-rich.

There was mixed reaction from property players, with some adopting a "wait-and-see" approach and others concerned it could frighten off foreign investors.

Chief government spokesman Themba Maseko said the Integrated Coastal Management Bill would soon be published for public comment.

"With regard to the Integrated Coastal Management Bill, cabinet expressed its concerns about the unmitigated sale of coastal land, which has the effect of limiting public access to SA's coastline.

"The environmental affairs and tourism minister (Marthinus van Schalkwyk) will announce further details on what steps government could take to arrest this trend. Otherwise, South Africans could wake up one day and discover that only foreign nationals and the super-rich had access to our coastline," said a cabinet statement yesterday.

Van Schalkwyk is expected to provide details on the bill on Sunday.

Maseko said government was concerned about the proliferation of housing estates along SA's coast that limited public access to the sea.

Maseko said municipalities, provincial governments and some national government departments were disposing of large "chunks of land" to private developers without any "due consideration" for "what one would term national interest".

He said that some of these new developments closed off access to the coast to the general public.

"What cabinet is considering is a way of regulating these disposals of land in a more responsible way". Maseko said this could be the first "legal instrument government is putting on the table as a way of opening the discussion about the sale of land to foreigners in this country".

Andrew Golding, CE of real estate group Pam Golding Properties, said that "one needs to wait and see what the minister is going to unveil when he gives us a more detailed briefing".

"I think it is important not to sensationalise this latest development and see it in the context of a broader debate. Generally, government has made a number of extremely responsible and well thought through decisions in recent times and I am sure they will similarly apply their minds to this issue," said Golding.

Seeff Properties chairman Samuel Seeff said government had to give more direction as to what the parameters were going to be rather than just having an "open debate". He said beaches and natural resources should be open to all and "every potential development along the coastline" should have adequate access for people to use the facilities.

"All that this does now is fuel concern in the market place among all buyers. It makes foreigners more concerned about purchasing property in SA".

Seeff said foreigners had a done a "tremendous amount" for the growth of SA's economy.

Property economist Francois Viruly, of Viruly Consulting, said SA's beaches should remain a "public domain". But he said foreigners should be made to "play the property game in the same way as locals do for the same reason that foreigners are free to invest in our financial markets".

"I think one starts entering dangerous ground when one starts dictating where foreign investors are allowed and where they are not," he said. With Sapa

Mail & Guardian website

Briefing the media on Thursday, government communications head Themba Maseko said the cabinet was worried about the proliferation of housing estates along South Africa's coast that limited public access to the sea.

The briefing follows the cabinet's fortnightly meeting on Wednesday, at which the Integrated Coastal Management Bill was discussed.

Maseko said : "What cabinet is extremely concerned about is the . . . mushrooming of [housing] estates in many parts of the country, particularly in the Cape, where certain sections of land are being closed off and sold at a very high price".

Further details of the bill would be announced by Environmental Affairs Minister Marthinus van Schalkwyk on Sunday.

Fin24 website

Donwald Pressly

The South African government is to take its first step to regulate foreign land ownership - particularly along the Cape coastal area - which it says is being increasingly sold off at excessively high prices which only foreigners and "the super rich" can afford.

Fuller detail of the Integrated Coastal Management Bill will be made known on Sunday by Environmental Affairs and Tourism Minister Marthinus van Schalkwyk.

Government spokesperson, Themba Maseko, said on Thursday that cabinet was extremely concerned about "the mushrooming of estates in many parts of the country particularly in the Cape".

Certain sections of land had "basically been closed off and sold off" at a very high price which "only the super rich and foreigners" could afford.

Maseko, reading a written statement on Thursday after Wednesday's cabinet meeting in Pretoria, said cabinet had expressed its concern about the unmitigated sale of coastal land "which has the effect of limiting public access to South Africa's coastline".

He said the minister of environmental affairs and tourism "will announce further details on what steps government could take to arrest this trend".

"Otherwise South Africans could wake up one day and discover that only foreign nationals and the super rich had access to our coastline," said Maseko.

Focus on foreign ownership of land first arose in August 2004 when then Land and Agriculture Minister Thoko Didiza named a nine-person committee to probe the issue of land ownership and land use by foreigners headed by Professor Shadrack Gutto, director of the Centre for African Renaissance Studies.

Earlier this year Gutto in an interim report recommended an immediate moratorium on the sale of land to foreigners.

Fin24 website

South Africa is in danger of losing its coastline to rich overseas buyers and will soon introduce legislation to control the sale of coastal land to foreigners, officials said on Thursday.

Environment Minister Marthinus van Schalkwyk will release the Integrated Coastal Management Bill on Sunday, his spokesman said, in what could be South Africa's first substantial move to limit foreign access to its real estate market.

South Africa wants to reverse a trend which has seen coastal land being sold to foreigners, limiting public access to the coastline, chief government spokesman Themba Maseko said.

"South Africans could wake up one day and discover that only foreign nationals and the super-rich had access to our coastline," he said.

Rich foreign investors, many taking advantage of favourable exchange rates, are buying prime real estate and erecting barriers to protect their investments, to the chagrin of locals used to enjoying unfettered access to miles of pristine beaches.

Maseko said the new bill "may be the first legal instrument government is putting on the table as a way of opening the discussion about the sale of land to foreigners in this country".

Land ownership remains a highly emotive issue in South Africa, which more than a decade after the end of apartheid is still grappling with skewed ownership patterns, with much of the best property still in white hands.

Foreign property ownership has also been in the spotlight because of a jump in real estate prices, especially in prime holiday areas such as Cape Town where prices have surged beyond the reach of many local buyers.

While analysts say foreigners play only a marginal role in South Africa's real estate market, a government-backed panel earlier this year recommended a moratorium on all purchases and sales of property by foreigners until regulations were passed.

Land Affairs Minister Thoko Didiza rejected a moratorium after opposition parties and property associations protested.

The government's caution over land issues is due partly to lessons learnt from neighbouring Zimbabwe, where forceful seizures of white-owned farms have been blamed in part for the country's economic collapse.

Reuters website

[Themba Maseko interviewed by Lesley Williams]

The SA Cabinet announces it's approved draft legislation that will prevent the common man from losing access to coastal areas. Classic Business Day gets Themba Maseko on the line from the Government Communication and Information System (GCIS)

Lindsay Williams : Legislation to regulate the sale of prime South African real estate to foreigners and the super-rich was approved by Cabinet today, and will be published for public comment soon. Themba, this has got all the estate agents and property moguls up in arms - the first thing is this seems to single out the super-rich both foreign and local, but with coastal land prices being what they are you have to be rich. Can you explain this statement?

Themba Maseko : The Bill looks at a number of areas, particularly with regard to developments taking place along the coast. It's going to be dealing with issues of zoning - the statement did mention the super-rich and foreigners, but the main issue of concern is with regard to public access to the coastal areas of South Africa. We have issued a correction to say the Bill will not be dealing with the issue of foreigners - so they will not be excluded from purchasing properties. The main concern is that with the developments that are taking place it's absolutely essential that we develop a framework that allows the public access to these areas as well.

Lindsay Williams : So you've taken out "foreigners" from that statement? Was there an adverse reaction to your statement earlier today?

Themba Maseko : We got a lot of enquiries from the media, and also the international media. On checking the Bill again for further clarity it became clear it did not address the issue of foreigners - that was a mistake on our part, and we will issue the correction on that.

Lindsay Williams : We done on correcting it so promptly. The Business Day newspaper today had a nice little insert from one of the major property groups in this country advertising an estate : "Experience the breathtaking beauty, and embrace an idyllic lifestyle where peace, privacy and serenity reigns supreme". This is 230 hectares of secure private estate and it's a beautiful piece of South African land - is this the sort of thing you’re trying to guard against? Is this the reason for the announcement today - to safeguard the environmental future of South African coastal lands - or is there something else?

Themba Maseko : It's safeguarding environmental issues, and also the issue of public access. A lot of these developments - although not all of them - end up excluding people from access to the coast. In a sense it amounts to privatising the beaches of our country, and we feel that's something that needs to be looked at. The Bill is going to be published for public comment - we welcome any views from the public. Essentially the policy is driven by a desire to protect the national interest which amounts to essentially making sure the public has access to the most beautiful parts of our country.

Lindsay Williams : I agree wholeheartedly there - in other words South Africa’s beaches should remain in the public domain.

Themba Maseko : Absolutely.

Lindsay Williams : What is the process from here? A lot of coastal land has already been snapped up. Are you hoping to put an immediate brake on developments?

Themba Maseko : Those have already been approved, so I suppose there will be very little to do about that. Essentially the law is going to propose measures that need to be put in place to make sure that when municipalities decide to dispose of land they actually bear in mind that they need to safeguard these areas, to make sure that the public still has access, and that all environmental issues are taken into account. The process is that we will publish the Bill and invite public comment on what we are proposing in the hope that when we finalise the Bill we would have taken into account the views of all South Africans.

http://www.gcis.gov.za/about/james.htm

Business Day website

Acting Chairperson: Ms ND Ntwanambi (ANC, W Cape)

Documents handed out :
Powerpoint presentation by Department of Minerals and Energy : Legislation introduced since 1999 affecting Provinces and how it has impacted on the people of South Africa [http://www.pmg.org.za/docs/2006/061025dme.ppt]

Summary

The Department of Minerals and Energy presented an overview of Energy Acts introduced since 1999. It gave details of the legislative changes effected by each Act and what impact this had had on the people of South Africa. There were a number of groundwork policies to implement the DME mandate. The most significant white papers included the Energy Policy, the Minerals and Mining Policy and the Renewable Energy Policy. Briefings included the National Nuclear Regulator Act, the National Energy Regulator Act of 2002, an explanation on mineral rights, and the Mineral and Petroleum Resources Development Act, and the Diamonds Second Amendment Act was far reaching. Questions were asked by members on the two mining accidents in Carltonville and Barberton, gas, oil and hydropower possibilities and reserves, lack of electrification in the Eastern Cape, and the community’s benefits from platinum in Limpopo. The delays in environmental impact assessments, the disputes on land with municipalities, and the composition of the boards were discussed. The monitoring systems, assistance to small scale miners, safety issues, equity stakes, and encouragement to women were also raised. Some of the questions were to be answered in writing, in view of the shortage of time.

Minutes

Briefings by Department of Minerals and Energy

Ms Nelisiwe Magubane (Acting Director General, Department of Minerals and Energy) apologised for the late circulation of the documents for the meeting. She introduced the delegation from the Department (DME). She presented the legal history of mining in South Africa, including all the new Acts put into force since 1994. She summarised the impact that the new legislation had had on the South African population. There were a number of groundwork policies to implement the DME mandate. The most significant white papers included the Energy Policy, the Minerals and Mining Policy and the Renewable Energy Policy.

Mr Tseliso Maqubela (Chief Director for Nuclear Energy, DME) explained the National Nuclear Regulatory Act, in which safety was very important. The Act allowed for the creation of the National Energy Corporation of South Africa (NECSA) and the transfer of authority. NECSA was the third largest producer of radioisotopes in the world and they were used for nuclear medicines.

Mr Nhahla Gumede (Acting DDG : Hydrocarbons and Energy Planning, DME) presented the National Energy Regulator Act of 2002, which would have regulatory authority over the entities covered by the Electricity Act, Gas Act and Petroleum Pipelines Act. Having a single regulator saved costs and meant that all energy sectors were treated equally. He summarised how each Act impacted on the South African population and in what ways communities were involved. He also mentioned some of the challenges to enforcement.

Ms Magubane added that the Electricity Regulator Act still needed to be presented to the NCOP. There were still many houses not electrified, the Eastern Cape faring worst with only 45% electrified. The Act did not deal with all the challenges in this area.

Mr G Mfetoane (Deputy Director : Legal Compliance and Licencing, DME) presented on the mineral rights which is really a bundle of rights that are regulated. These facilitated the empowerment of historically disadvantaged individuals. Various requirements were in place to ensure the inclusion of communities and the beneficiation of resources. There must be women at all levels.

Ms D Ntombela (Chief Director : Mineral Regulation and Administration, DME) presented on the benefits of the Mineral and Petroleum Resources Development Act. Since it was only recently implemented, the benefits were not yet quantifiable. There were still various challenges that persisted. The Department did have monitoring tools. One major challenge that had been overcome was the resolution of backlogs. Applications took a very long time to complete but this was similar to other mining countries.

Mr Mfetoane added that the impact of the Diamond Amendment Act was far reaching. There was now a one-stop shop. The licences were more than a permit as they had monetary value. Implementation of the Act had not yet started.

Discussion

The Acting Chairperson asked if the Committee could be briefed on the two incidents reported in the news, both the previous day and the previous week, concerning trapped miners in an illegal mine in Barberton.

Mr J Erasmus (Acting Chief Inspector of Mines, DME) said that the mining accident the day before had occurred at an Anglo Ashanti mine in Carltonville. It was 4.1km deep and the accident occurred 2 000m underground. It was an old mine from 1961. There was a rock burst near the carbon leader pillar at 14h17. It was a magnitude 2 event and the miners withdrew immediately. As there was no damage, they returned to work. At 14h40 there was a magnitude 2.3 event 170m ahead of the work, and major damage was sustained. Seven people were reported missing. Emergency action was taken and two miners were uncovered, both of whom will recover fully. No other miners had yet been found at that time.

He added that research in mine health and safety was possible from R34 million per annum from levies. R5-R7 million per annum was spent on research on rock bursts. There was a lot of research into how to predict seismic activity. South Africa was in the near field; other countries could be kilometres away. There was ongoing research into the fluid dynamics of rock and how it responds to mining as well as pillar extraction methods. There were 30 projects on mechanical support research for gold mining.

In regard to the illegal mining accidents, Mr Erasmus said there was illegal mining in many areas where mining is done for personal gain. It was not controlled but miners often ask the Department for help to recover injured miners. The police could also assist but it was a difficult situation. In Barberton it was difficult to know where exactly the body was but it was eventually found.

The Acting Chairperson noted that two weeks ago members had been on a visit to Nigeria, examining the possibilities of mutual investment between South Africa and Nigeria. She asked for comments to assist with such a process and further information.

Ms S Chen (DA, Gauteng) asked the department where the deposits of gas were.

The Acting Chairperson asked about renewable gas from land fill sites, noting that the Committee had received a briefing from Eskom the previous day. She asked whether the DME agreed with Eskom's Annual Report, especially with regard to the non-attendance of top officials and their financial statements. She also asked for comment whether there were oil reserves on the West Coast, whether the Department would engage Eskom on research for hydropower for rural areas, and what the Department could do in terms of testing, as there were some rivers in South Africa that did not run dry.

Mr Gumede answered that there were projects to recover methane as small scale poser generators. The problem was that the gas could not be transported and must thus be used in situ. These projects were supported by the DME. Most of them were at a pilot stage. DME believed that there were deposits on the West Coast. Exploration was a challenge as most of it was offshore. The continental shelf off South Africa was far deeper than that further north. There was also no market in South Africa. Namibia had gas fields that they had known about for 30 years and had not acted on because there was no market. Gas was not as easy as oil because of the difficulty in transporting it. DME hoped to explore and small amounts were being produced but it did not meet the country’s needs. They hoped more would happen.

Hydropower was a project under renewable energy. South Africa did not have much water.  Even though some dams remained full, there were no large rivers to harvest energy from. The Department had a renewable energy fund that people needed to apply for. It was not a lot of money but it would kick start a project. Communication with SMMEs about the Petrol Act has not been good. It is mainly from head office. The plan is to expand into provinces. The Road Shows from the Minister hope to address such issues. Big players had taken up most deals. It is a challenge that they are limited to locations where refineries already are.

The Acting Chairperson asked why the Eastern Cape was still lacking electrification. The Committee had been advised that the Department had set up a good programme where electricity as well as a piece job was provided.

The Acting Chairperson asked what benefits had been given to the people of Limpopo from the mining of platinum.

Ms Ntombela answered that with regard to community benefits in Limpopo, AngloPlatinum was the company with all the rights. They had not finalised their equity partners. It was not legislated that communities must participate but DME encouraged them to do so. The social and labour plan could implement this. DME did not accept the mine's plan. Conflicts were the domain of the Department of Land Affairs. They were still waiting for AngloPlat. The community did have stakes in Impala mines but this was not enforceable by law.

The Acting Chairperson asked who could ensure the speed up of the delays from environmental impact assessments (EIAs).

Mr D Gamede (ANC, KZN) noted that the Government had tried to shorten the EIA process, and enquired whether there had been any change. He also asked on what grounds were applications rejected and refused and how were those applicants assisted to get permits.

Ms Ntombela reported that there was a catch 22 with EIA delays. They had to promote mining activity and ensure environmental rehabilitation. Mining was very destructive and this could not be overlooked. Currently the EIA must also include social impacts, especially with the mining of asbestos. DME was currently rehabilitating old mines. Up to 48% of their budget was spent on this. DME was facing it with other Departments through Memorandums of Understanding. DME would provide 60 days to DEAT or DWAF for comment, then the application was sent back to DME for improvement, back to the other Departments for confirmation and so forth. It was a long process.

The Acting Chairperson asked why were houses being given to the municipalities as this provided temptation for corruption.

Ms Ntombela explained that the land where the houses were developed was privately owned. The municipality said that they were entitled to the land according to the legislation. Houses would still belong to the owners, but the land would be transferred to the municipality.

Ms M Temba (ANC, Mpumulanga) commented that the Chairperson had asked most of the questions. She also commented that the documents provided were difficult to read.

Mrs Temba asked how the provinces were represented on the boards, and whether there were information centres in all the provinces. She asked how matters started in the North West filtered down to other provinces. She also asked for confirmation on the improvement in safety.

Mr Maqubela replied that the term of office of board members was three years according to the Act, but it could be renewed for a further three years. There were only ten board members that could be appointed. One was drawn from Organised Labour, one from organised business, one from affected communities, one from DME, one from DEAT and the others were appointed at the discretion of the Minister. Some provinces were given priority in this regard because of their mining activity. The affected community member was also from such an area and there was a caucus to elect them.

Mr Gamede commented that he had expected a comparative presentation between 1999 and the present but in his view not enough had been provided. He would have preferred that the information be broken down into provinces.

Mr Mfetoane answered that it was an oversight not to make a comparative presentation. DME took it for granted that this would not be required because historically disadvantaged individuals had not been granted licenses prior to 1999, so there was nothing to compare with.

Mr Gamede asked how the Department monitored mines to ensure that they were aligned with the development priorities. He asked whether mines understood the difference between integrated development plans and social plans. Mr Gamede asked how was beneficiation monitored. He noted that policy was supposed to come from Government but monitoring was the job of the Department.

Mr Mfetoane said that in the North West, DME was currently interacting with companies. DME assesses the integrated development plans (IDP) and social responsibility plans. If there were none or if they are inadequate, applications were sent back with feedback. Most companies accepted this and more monitoring took place after a year. The Minister was able to take licences away for non-compliance. The companies were given time to fix their social and labour plans after which, if still non-compliant, the Minister could withdraw the licence. It could also be a criminal offence punishable by fine or jail term. There was a checklist for documents that must be submitted with applications. If they were incomplete they would be rejected. If all documents were submitted and they did not comply, then the application was refused. DME, in order to assist HDIs, would allow resubmission with changes and help was provided from regional offices. Richards Bay Minerals (RBM) must include local communities and cannot choose their own black economic empowerment (BEE) partners if they were not local. RBM was still busy with this process.

Mr Gamede enquired what recourse there was for mines that did not comply with the law. He also asked how would the Department assist small scale miners for small deposits that lasted only a few years.

Mr Mfetoane stated that funding was available for assisting small scale mining and there were specific offices that deal with that. There was legal resource from the Act for a lack of beneficiation. There was an African mining partnership. South Africa gave and needed help. It had lost what it knew originally and must draw lessons from the indigenous knowledge of the continent. There was an exchange of beneficiation experience between countries.

Mr Gamede asked how the Department had obtained the household figures for Kwazulu Natal, as he was not sure that the number provided was correct.

Mr Gamede asked for an update on the progress of safety at Ashanti and whether there had been any research to stop the problems.

Mr Maqubela stated that there was increased safety of workers from radiation when mining. The National Regulators Act ensured that radiation exposure was not above the international norms. There had been inspections that revealed that the mines did conform. The trend was that radiation exposure decreased from improved regulation. DME still needed long term monitoring to ensure the health of workers after they retired. One impact of the legislation was that it allowed for public participation. The Government could not just put up a reactor where and when it wished.

Mr Gamede asked how were the equity stakes at RBM monitored.

Mr Gamede asked how the Department would deal with the lack of capacity in Kwazulu Natal.

Ms Temba asked what measures were taken to encourage women to take part in mining.

Ms Magubane said there was a strategy to deal with the low number of women in mining. It was difficult but DME were busy with it. DME itself was a leading Department. They had not met their 10% target. It encouraged mining companies and was looking at new projects for significant participation. Black people were also resisting.

Ms Magubane said that the presenters would have to respond to the unanswered questions in writing, due to the meeting running overtime.

The meeting was adjourned.

Parliamentary Monitoring Group website

Details about subscribing to the Parliamentary Monitoring Group's service are available at http://www.pmg.org.za/subscribe.php

The department will issue the last authorisation in terms of the ECA, 1989 (Act No 73 of 1989) for this calendar year on 8 December 2006 and will recommence with the issuing of ECA authorisations on 8 January 2007.

Due to the legislated time frames with respect to the issuing of environmental authorisations in terms of the NEMA, 1998 (Act No 107 of 1998), no cut-off date may be implemented. It must be noted that there are a number of public holidays over this period and that many officials will be taking their annual leave during the said period. If required, appropriate arrangements must be made.

2. Public participation process (PPP)

The department recommends that the applicant(s) and/or environmental assessment practitioners (EAPs) do not conduct PPP over the festive season, ie 15 December 2006 to 7 January 2007.

However, should the PPP extend into the festive period the department recommends that the PPP period is adjusted and/or extended to ensure that those interested and affected parties have sufficient time to participate in the PPP. Adequate motivation is, however, required should the applicant wish to proceed with a PPP during the festive period (e.g. if the location of the proposed activity is in a recognised holiday destination such as coastal towns).

3. Submission of notice of intent, application forms and reports

The department recommends that applicant(s) and/or EAPs refrain from submitting notice of intents, application forms and reports (basic assessment, scoping and EIA) after 8 December 2006. This would ensure that all time frames as stipulated by the NEMA EIA regulations are adhered to by all parties concerned. The department will therefore issue the last acknowledgement letter for the year on 22 December 2006.

Enquiries :
Mr C Rabie
Director : Integrated Environmental Management - Region A
Telephone : 021-483 4793
Fax : 021-483 3633

Mr A Barnes
Director : Integrated Environmental Management - Region B
Telephone : 021-483 4094
Fax : 021-483 4372

Issued by : Department of Environmental Affairs and Development Planning, Western Cape Provincial Government
29 November 2006
Source : Western Cape Provincial Government (http://www.capegateway.gov.za)

SA Government Information website

Piet Van Niekerk and Dineo Matomela

Former national rugby boss and Port Elizabeth attorney Silas Nkanunu has petitioned the Chief Justice in Bloemfontein for leave to appeal against an eviction order from the Humewood house he has been occupying for the past seven years.

Nkanunu's lawyer, Moerida Louis, confirmed yesterday that legal papers had already been filed in the Supreme Court of Appeal and that she was awaiting a court date.

His latest application follows a failed application on October 26 in the Port Elizabeth High Court for leave to appeal against an eviction order granted on August 1 this year on the property at 163 Glengarry Crescent in Humewood.

The order by Acting Judge Piet van der Byl gave Nkanunu 30 days to vacate the property after several failures to make payments in terms of a purchase agreement between him and an Irish businessman, Peter Bruce Mittison, concluded on September 1 and September 15, 1999.

Nkanunu took occupation of the property on October 1, 1999.

In terms of the eviction order, the sheriff of the High Court was granted permission to remove Nkanunu or any other occupiers of the house and change the locks.

Louis said the former president of the SA Rugby Union had moved out of the house "voluntarily" while he awaited the outcome of his petition to the Chief Justice.

An alleged sale of the house to a third party cannot go ahead until the current legal matter is settled.

According to Van der Byl, Nkanunu breached the terms of the R380 000 sale agreement with Mattison. The terms stated that Nkanunu had to make a R65 000 once-off payment and then pay the balance in monthly instalments "in respect of a bond held over the property" as well as R500 a month.

He also had to pay transfer and registration duties, rates, taxes, levies and water, electricity and sewerage charges.

Van der Byl said that by April 18 last year, Nkanunu had been R29 666,55 behind on his monthly instalments and by May 3 last year, his municipal account had been R27 136,39 in arrears.

Nkanunu had also failed to give any guarantees for future payments and failed to pay transfer duties.

In terms of these failures Nkanunu was an "unlawful occupier" and should be evicted, Van der Byl said.

pvniekerk@johnnicec.co.za

The Herald Online website

Bob Frean and Chris Jenkins

The Pietermaritzburg High Court on Friday interdicted Mkhuze people from destroying indigenous vegetation in the Greater St Lucia Wetland Park in order to plant vegetables.

The 48 people cited in court documents must travel at least 5km to the 2,7ha and 0,22ha sites in the Ozebeni section of the park where vegetation has been cleared.

The sites are largely in water courses which would convey rainwater to Lake St Lucia which is dangerously low.

Part of the area cleared consists of peat which is very rare in the country.

Although the clearing and planting activities offend the World Heritage Convention and the National Environmental Acts, police have not been involved as the officials have decided to use a "soft" approach.

The indigenous plant clearing and vegetable cultivation were only discovered in the past month. The work has mostly been done by women using hand tools.

Cedric Coetzee, Conservation Officer of Ezemvelo KZN Wildlife, said the illegal activities would harm the interests of the affected community in the long term.

The clearing of indigenous vegetation and vegetable cultivation would destroy sensitive areas and affect the tourism potential, he said. The government was keen to develop tourism as a main economic activity.

The aim of the interdict is to ensure the conservation and preservation of the area and indigenous plants.

The area is part of the Mozambique-Swaziland-South Africa Lubombo spatial development initiative and would benefit present and future generations.

According to the Wetland Park Authority and KZN Wildlife, the situation arose on November 7 when field rangers found 72 people from local communities tending planted crops and clearing more land for cultivation in an area about 5km into the park and near the ecologically-sensitive Mkhuze Swamp.

The field rangers informed the people that what they were doing was illegal and requested that they immediately stop those activities.

Staff of both the Wetland authority and KZN Wildlife attended subsequent meetings with local traditional authorities, municipalities and relevant government departments to try to resolve the issue, but in spite of this the cultivation continued.

This left both organisations little option, as an interim measure, to obtain a court interdict to "stop further destruction of this ecologically-sensitive area" while they engaged positively with the relevant communities to "ascertain and resolve the core issues involved".

Ezemvelo CEO Khulani Mkhize said the conservation authority was "deeply concerned about this matter".

"It is obvious that there are deeper issues at stake here and we as the custodians of the Wetland Park need to get to the heart of the matter with the involvement of all stakeholders - both government and community - as a matter of urgency," he said on Monday.

Park Authority CEO Andrew Zaloumis said another loss such as Dukuduku Forest would not be allowed to happen.

"At the same time we will continue engaging our local communities to resolve this matter in a way that is positive for all parties," Zaloumis said.

This article was originally published on page 7 of The Mercury on December 05, 2006

IOL website

Timothy Twidle

A dispute has erupted between a group of Plettenberg Bay residents over a sawmill which is operating from a home without zoning permission and in defiance of municipal bylaws.

The owner of the sawmill admitted yesterday that he was operating without council permission, but said an application for rezoning had been lodged.

But the Holt Action Group say they are concerned that the sawmill, which they view as an industrial operation, will have a detrimental affect on their livelihoods. Timber Two Processors operates the sawmill on a piece of land about five kilometres outside Plettenberg Bay.

The action group is made up of 22 residents and owners of small businesses, such as farming and guest lodges in the Holt Hill area which straddles the N2 freeway, between Plettenberg Bay and Knysna. Of particular concern to the group is the noise and the possibility of pollution from airborne sawdust.

Group spokesman Paul Falla, of Fynbos Ridge Country House and Cottages, said : "The operation of a sawmill in the vicinity of Holt Hill is out of character with the rural ambiance of the area".

Timber Two Processors relocated from Knysna and began operating the sawmill on its present site earlier this year.

Owner David Witherington said an application had been submitted to the Bitou municipality for Timber Two Processors to be rezoned as an agricultural industry. He said there were sufficient stands of fully grown trees on either side of the site to bring the decibel count down to acceptable levels.

He also said that all of the dust and wood chips were collected and successfully recycled for use in farming and the stabling of horses.

Witherington said all of the timber processed at his sawmill was from alien trees and as such he was providing a valuable service to the community.

Eighty per cent of the finished planks were exported to countries in the Far East and Europe.

The sawmill represented an investment of R5,5-million and provided permanent employment for 78 people.

Bitou public works director David Friedman said the matter had been referred to the legal department.

frank@johnnicec.co.za

The Herald Online website

Chris Van Gass

Residents of Green Point, the site of a new stadium for the Soccer World Cup in 2010, are to press ahead with their objections to rezoning the area, in spite of a threat by government to take the semifinal match away from the city if the issue goes to court.

David Polovin, chairman of the Green Point Common Association, said at the weekend that his organisation had lodged a "substantive" appeal against the development and if a decision went against them and they did not agree with the reasons, they would take it on review to the high court. Polovin said he believed the association's objection was based on "solid ground" and that the public participation process around the Green Point development had been flawed.

The application could mean that Cape Town and Western Cape would lose out on the R2,5bn development.

Sport and Recreation Minister Makhenkesi Stofile and his provincial counterparts decided last week to recommend that the cabinet should take a formal decision that all stadiums had to be finished by the end of 2009 "and that if residents of Green Point take the matter to court, another venue be found outside the province of the Western Cape".

One implication of this was that practice venues being planned elsewhere in Cape Town would not be built either.

"I'm hoping that it doesn't reach that stage, because it's going to affect lots of things," said Whitey Jacobs, Western Cape MEC for sport.

So far, Tasneem Essop, the Western Cape MEC for tourism and development, had received 19 objections to the rezoning of the Green Point development, which will see the relocation of the nine-hole Metropolitan golf course on the common, with the new stadium being built on part of the existing golf course.

Mayor Helen Zille warned during a report-back meeting on the stadium last week that if the matter went to court, the semi-final match and all its benefits would probably move to Johannesburg and a major investment opportunity would be lost.

Simon Grindrod, the Independent Democrats' leader in the city council, has blamed Zille for the "imminent loss" of the stadium, saying the stadium might now be in serious jeopardy.

Polovin said while the association was in favour of 2010, the future of Cape Town should also lie in embracing public open spaces and Green Point was the only sizeable remaining public open space in the city. With Sapa

allAfrica website

Members of the public were contacting the public works department daily to inform it about properties that belonged to the province, MEC Christian Martin said yesterday.

Replying to the debate on his department‘s annual report, Martin said in the Bisho legislature that of the 1 134 properties on the asset register, 889 had now been vested in the name of the Province of the Eastern Cape.

Martin said when it came to property Tit is not as if we received a province in good state", adding that many of the problems flowed from the administration of the former Transkei.

The MEC said that the disposal of 85 properties was now at Cabinet level with only their valuation outstanding and once that was received, they would be sold.

He said the delay in selling State properties was why only R4,2-million had been generated in revenue, out of R17,7-million.

Earlier, Pine Pienaar (DA) pointed to the Auditor-General‘s comment with regard to unauthorised expenditure.

Of R13,3-million "supposed to be spent on poverty alleviation programmes", R7,3-million had been absorbed in paying consultants and costs.

Pienaar said these programmes were "by their very nature not complex" and did not require the knowledge of specialised consultants.

"It was not necessary for consultants to come and eat up more than half of the money".

Pienaar said he wanted to know who the consultants were, why they were appointed and, if the A-G described the expenditure as "fruitless and wasteful", why steps were not being taken to get the money back?

Pienaar said that for the year ending March, 2005, those officially responsible for property management had not implemented the recommendations of a special report on leases, with the result that there were overpayments of R7,7-million.

"A further R7,6-million in losses were incurred during the last financial year because we continued to fail to implement those same recommendations.

"The pattern for this is set, and it's simply alarming.

"We identify the problem. We pinpoint the solution and then we sit back and do nothing, with the result that we make the same mistakes over and over".

The report compiled by the portfolio committee on the department's annual report noted that the asset register had still not been completed.

In addition, other provincial government departments were leasing private properties while those owned by government were underutilised.

pcull@johnnicec.co.za

The Herald Online website

Knysna's municipal council yesterday approved plans to build a controversial multi-million-rand hotel on the Brenton-On-Sea hotel site.

The go-ahead comes without any environmental impact assessment being carried out, a move which has come under fire from environmentalists in the area.

The original Brenton Hotel burnt to the ground three years ago when a fire started in the kitchen on a Sunday afternoon. In October last year, the land was sold to developers Ocean Estates International.

An application to develop the land was turned down earlier this year because of issues surrounding services capacity, environmental impacts and aesthetics. The municipality has also received objections from environmental organisations and members of the public.

However, the latest application, which developers claim is more environmentally friendly, was approved yesterday at the final council meeting for 2006 after a presentation by the developer and architect and a brief meeting of council members.

Knysna chief town planner Ed Hill said because the application to develop had been made in 2005 before legislation which governs EIA practices was put into place, it had not been necessary to have one done.

"The area falls under the Outeniqua sensitive coastal area regulations which don‘t require the same extent of EIA", said Hill.

However, Western Heads Conservancy chairman Susan Campbell said she believed environmental regulations would have to be complied with regardless of whether the application was brought under old or new environmental legislation.

"Under the old regulations, the upgrading of a resort was a listed activity and under the new regulations the proposed activities within 100m of the high water mark require compliance with environmental regulations. My concern is that they are not sticking to the development footprint of the old hotel. We believe it should not be exceeded. From an environmental point of view, we have great reservations regarding the excavation of sensitive coastal dunes".

Speaking to council yesterday, development architect Francois Pienaar said : "We are dealing here with a site which has a long history and a great environmental sensitivity. It is a prime site and part of the Outeniqua sensitive coastal area. This new design for the hotel is a green building".

Pienaar said the roof of the hotel would be landscaped with the natural fynbos which grows in the area. The hotel would also collect rainwater.

The development would create around 400 jobs, Pienaar said.

Hill said yesterday's decision would be circulated amongst those who had objected to the hotel.

"They can submit their appeal to the premier, but if the appeal is dismissed then the developers can submit building plans for approval".

Pienaar said it was hoped construction would start within the next four months.

"Hopefully we will have a hotel up and running by 2008," he said.

Ocean Estates International is a multinational company which deals in property in Spain, France Turkey and South Africa.

The company deals mainly in luxury apartments and villas. Among its major South African developments are Ocean Quay in Harbour Island near False Bay and Ocean Reef Zinkwazi in KwaZulu Natal.

frank@johnnicec.co.za

The Herald Online website

The Provincial Heritage Resources Authority has declared Port Alfred‘s historic waterfront Wharf Street area a heritage site.

The decision is expected to become official after the notice is published in the next Government Gazette.

The application to have the Wharf Street area declared a heritage site was mooted by PHRA councillor John Hughes.

"I was approached by some interested people and went with Johan Staats, an architect with PHRA, and did an in loco inspection," he said.

The PHRA council decided the Wharf Street area was of such historical significance that it should be declared a heritage site.

The wharf was built after the Kowie River was opened to the sea in February 1841 by William Cock, who also built Cock's Castle, now under threat of demolition by Gauteng developer Neville Gordon.

At one stage Port Alfred rivalled Port Elizabeth as a safe harbour and for more than 40 years the wharf, which could berth up to 10 ships, was possibly the busiest on the south-east coast.

After the old sailing ships tied up, the chandlers used to offload and transfer their goods to the warehouses on Wharf Street. These buildings have now been converted into shops.

Ndlambe municipality tourism director Bev Young was delighted to hear the news of the declaration. "I am thrilled to bits. It's a long time in coming. What I visualised when I came into tourism seven years ago was a portion of the town, especially the older portion, becoming a cultural tourist walk", she said.

Young's idea was to meander from the town to the old town where visitors could sit in the beautiful and historic section and enjoy a cup of coffee.

"I think every town needs an old town that's untouched so that people can actually meander and walk in and create a cosmopolitan atmosphere," she said.

Right behind Wharf Street is the refurbished railway station, already a heritage site. "We've got the station just behind Wharf Street and we have our very colourful train".

imarkman@johnnicec.co.za

The Herald Online website

The Provincial Heritage Resources Agency has declared the Port Elizabeth St George's Club building a heritage site.

Its decision will become official when a notice to that effect is published in the next Government Gazette.

When the club was founded in May, 1866, it rented D P Blaine's house in Bird Street. Subsequently, in 1874, it purchased the property. In 1876, the surrounding properties were bought and a double-storey wing was added.

As the coffers of the club swelled, a decision was taken to demolish the old buildings and architects Jones and McWilliams were commissioned to design a new one. The new building was opened on March 31, 1905, by Governor-General Sir Walter Hely-Hutchinson.

"I'm very delighted to hear that the building has been declared a heritage site. About 20 years ago my application to have it proclaimed a national monument was turned down by the board of managers of the Port Elizabeth Club, because they didn't favour restrictions being placed on the building in the event of future renovations," said heritage conservationist Tim Bodill.

Built in the style known as arts and crafts rendered (the English version of art nouveau) the building was one of the firm's earliest, said Bodill.

"It was executed mainly by Victor Thomas Jones, who arrived in South Africa in 1896, and is based on the design of a building on the Isle of Wight.

"It contains a lot of influences from Liberties of London (who specialised in internal furnishings) in respect of door handles, cabinet fittings and plaster detailing," said Bodill.

The application to declare was made by PRHA councillor John Hughes, who has been a member of the club for more than 20 years.

"The building is magnificent. The architecture is superb and needs to be preserved. The PRHA council, having had many meetings in this building, decided it should be protected," he said.

"The Port Elizabeth St George's Club is among other heritage buildings which are going to be declared heritage sites, including five Lutheran churches," said PHRA chairman Monde Mkunqwana.

"(In order to have a building declared a heritage site) an application has to be made to the PRHA committeeand all the legal procedures followed," he said.

The future of the building has now been secured and, should the club members one day decide to sell the building, the purchaser will not be allowed to alter it.

Many prominent visitors to Port Elizabeth, including King George VI and the rest of the royal family in 1947, have stayed at the club. When she returned in 1994, Queen Elizabeth II once again stayed there. The Duke and Duchess of Connaught stayed there in 1906.

"Hopefully, it will be good for the club in the sense that we are now preserving the building," said club chairman Gerhard Olivier. "It is more than 100 years old and that will attract tourists and other people who want to come in and have a look at this wonderful property. It is an asset to Port Elizabeth".

imarkman@johnnicec.co.za

The Herald Online website

The Congress of South African Trade Unions (Cosatu) in the Western Cape has asked the Competition Commission to block the sale of Cape Town's V&A Waterfront to a foreign-dominated consortium.

"We're pretty sure that we're going to get them to stop it," Cosatu provincial secretary Tony Ehrenreich said on Wednesday.

He said the letter to the commission was sent earlier in the day.

In a statement, Cosatu said the R7-billion sale would be bad for the economy and bad for the development of a "sustainable economy that responds to the needs of South Africans".

Cosatu was concerned that the "crown jewels" of the Cape were being sold off to foreign interests.

The funding for the investment would not lead to huge amounts of foreign direct investment as a significant portion of it was South African capital.

If models in Dubai were anything to go by, poorer communities would no longer be able to afford to visit the Waterfront.

The Waterfront, which attracts up to 22-million visitors a year, was sold off by the parastatal Transnet.

The consortium is led by London & Regional Properties, which holds just over half of the interest.

The rest is split between Nakheel, a real estate developer owned by the Dubai government, and South African black economic empowerment shareholders - an apportionment that Cosatu described as "a furtherance of crony capitalism". - Sapa

IOL website

As the festive season approaches, many home-owners in popular beachfront areas of Cape Town may be looking to make a small fortune by renting out their homes for the peak holiday season.

Pam Golding Properties' (PGP's) rentals director for the Western Cape Metro region, Dexter Leite, says the holiday rental market tends to be heavily focused on the Atlantic Seaboard.

He says he has noted interest from foreigners seeking rental terms of a month or two, for example in Hout Bay, where rentals vary from R1 800 to R3 000 per day in high season, and Llandudno where the figure can rise as high as R10 000 a day.

Leite adds that there has been a rise in foreign interest for the months of January, February and March, at rates of around R20 000 per month.

R21 000 demands

However, he says the chief holiday rental demand is seen in Clifton, Bakoven, Bantry Bay and Camps Bay, where owners often vacate their homes for the high season so as to maximise rental returns.

"The most popular period for these rentals is from 20 December through to 6 January, when rentals of up to R4 000 per day can be achieved - although a few exceptional properties can demand as high as R21 000 per day," says Leite.

PGP says there is still a market for both buyers and renters of holiday homes.

PGP's MD for the Western Cape Metro region, Mick Joyce, says Cape Town's Western Seaboard remains one of the most popular areas for buyers of holiday homes, particularly along the long stretches of beachfront which run virtually uninterrupted from the Lagoon Beach Waterfront through Dolphin Beach and Bloubergstrand, up to Melkbosstrand.

"Most of these areas offer stunning views of Table Mountain and Robben Island," says Joyce, "with easy access to the beach for leisure activities including walking, swimming, wind- and kite-surfing".

R1m for a one-bedroom

"Prices vary from enclave to enclave, but typically one can expect to pay from R1m upwards for a one-bedroomed beachfront apartment in the Blouberg area.

"Penthouse units can fetch up to R10m or more".

PGP's Blouberg area manager Madelon Venter reports that there is also considerable interest from overseas buyers, including Germans and UK residents who have purchased holiday homes in this area.

At recent beachfront developments such as Portico and Horizon Bay - which have the added bonus of attracting rental income for buy-to-let owners capitalising on the holiday home market - approximately a quarter of all units were bought by foreign buyers. About half of these were expatriates, says PGP.

Venter adds that Melkbosstrand remains an extremely popular holiday home destination, but says property is scarce and sells at a premium.

West Coast also popular

The Lagoon Beach Waterfront has also reportedly seen a huge rise in demand as a holiday home destination. PGP says prices here start from around R26 000/m². Entry-level one-bedroomed apartments in these developments start at around R1m, the agents say.

PGP adds that further up the West Coast, the town of Langebaan remains popular for holiday homes, particularly those along the beachfront, with access to the lagoon.

Area manager Stephanie Wynne Cole says there is a good mix of buyers who utilise these homes for their own family holidays, and those who capitalise on the buy-to-let market, with rentals of around R1 600 to R2 500 per day.

Along the South Peninsula, the market for holiday homes has quietened somewhat, according to the agents.

However area manager Colleen Curtis reports that towns such as Fish Hoek, Kommetjie and Scarborough remain popular for their beaches, sea views and laid-back atmosphere.

Prices here are reported to range from around R700 000 for apartments up to around R3m for larger homes.

S Suburbs appeal to resident buyers

Cape Town's Southern Suburbs tend to appeal to resident buyers rather than out-of-town holidaymakers, says area manager Peter Ludwig.

But there is a limited demand for holiday homes at the very top end of the price scale, specifically for ambassadorial-type homes with high security, says PGP.

These are used by mainly foreign owners who spend a month or two holidaying in the Mother City. For the rest of the year, the homes tend to be locked up and maintained by domestic-, garden- and security staff.

The price tag on such homes varies, but can reach as much as R45m, say the estate agents.

Fin24 website

In her book, The Frightened Land : Land, Landscape and Politics in South Africa in the Twentieth Century, author Jennifer Beningfield embarks on a journey to explore the effect that spatial politics has had on a post-apartheid South Africa. From a property perspective, she lends a fresh take on the role of property developers and city councils in our country.

The Frightened Land focuses on how politics affects land and landscape affairs, how buildings relate to each other within cities and how society consequently occupies land and buildings.

It argues that South African landscape and architecture should reflect its own cultural identity. Buildings don't exist "in a cultural vacuum", states Beningfield, and "contemporary projects in South Africa tend to be quite themed," she adds. In light of this she suggests that developers need to shift their focus from building Tuscan and other foreign themed properties and direct their energies to creating buildings that best represent SA.

The writer believes that land, landscape, politics and property are all intertwined. "Property value in terms of purchasing, to me, has to do with making spaces that are meaningful and I think that's what people should push for." She also thinks that South Africans "have let developers get away" and should strive to only buy into ecologically sustainable South African projects.

She is optimistic about the proliferation of property developments across SA, as there is a definite need for more housing. The property boom was driven by this need and the continued increase of new developments is a sign of this, "If we didn't need the houses then the prices wouldn't be so high". She expresses concern, though, that rising property values leave out those who are previously disadvantaged and thus suggests that city councils need a cohesive and sustainable plan to cater for everyone.

Devising and implementing such sustainable plans is not easy and Beningfield admits this is a universal difficulty, not unique to South Africa. In order to integrate those less advantaged, the United Kingdom government has a negotiation system with developers in the planning stage whereby "any large residential development has to have provision for low cost housing," thus minimising economical gaps.

In the same breath, South Africa needs not only physical but also economic structures that will change the way people live. As much as all people are now free to move about as they please, it takes money to move. She is thus of the opinion that South African government should aim to integrate people across economic borders through low income housing within big developments.

Such a move would mean more people have quicker access to more services; such as schools and people can move closer to their workplaces. Although she does add that some people who can now afford to move, choose not to. As seen in Soweto, residents have built a culture that they're proud of and aim to maintain. This phenomenon can be said to have led to the millions now being poured into such areas as the buying power stays within them, which in Beningfield's view is a positive move.

South Africa and particularly Johannesburg may not be in danger of becoming as densely populated as London, for instance, because they're not as geographically constrained. However, Beningfield warns against urban sprawl.

She notes that new developments are often built "in pockets, as gated communities, they're like little islands really that don't link into city structures and they can't change over time the way cities have been able to do, even the way that Johannesburg has been able to do…they're very closed and I think we should be looking at more open and more flexible ways of building houses".

Urban planning is one way to ensure that every new development is formed to "fit in as part of the city and not as a little island" too disconnected from existing buildings. Currently, the city is speading wide but at a very low density. "I would argue that we should build more densely in such areas and compensate for parklands. For example where I live now [London] our building is six storeys high and it's built around a park that we share as a communal space".

Although London is too dense, she suggests that such strategic placement of "green space" is a constructive direction in which SA government should be looking for solutions to curb urban sprawl and prevent new developments from erasing traces of SA culture and landscape heritage.

Jennifer Beningfield's book is due to hit bookshelves in a few weeks but is available on special order through Routledge and retailers such as Exclusive Books. The recommended price for the paperback is R399. - Ntokozo Maseko

For more information contact +44 (0)1264 343071 or send an email. Click here to visit the website.

Property24 website

Lavinia Mahlangu
Telephone : 012-314 2175

More than 1000 community members near Stanger in KwaZulu-Natal will be given back their ancestral land. The community was forcibly removed 30 years ago by the apartheid government.

Minister for Agriculture and Land Affairs, Lulama Xingwana and Kwa-Zulu Natal's Regional Land Claims Commissioner Sduduzile Sosibo will give the Kwa-Hlomendini community over 533 hectares of their ancestral land at the Essiena Farm on Sunday.

"The land will be given to the community as compensation for the land which they lost in the 1970s as a result of the forced removals. The removals formed part of the Group Areas Act No. 36 of 1966," the department said in a statement.

About 1200 community members including 100 female headed households will benefit from the settlement of the Hlomendini land claim. The community will also take ownership of the sugarcane plantation.

The KwaZulu-Natal MEC for Agriculture and Environmental Affairs, Mtholephi Mthimkhulu and the national Chief Land Claims Commissioner Thozamile Gwanya will be among the guests attending the event.

Out of 79 696 claims lodged countrywide by the cut-off date of December 1998, 72 927 claims have been settled so far. These include 64 748 urban and 8179 rural claims.

The Commission has settled up to 92 percent of claims lodged.

The 6 769 outstanding rural claims which include, largely farmland and conservation land, are now being speeded up to meet the March 2008 deadline to have settled all land claims.

Minister Xingwana will also conduct the provincial launch of the Ilima-Letsema campaign during the hand over ceremony on Sunday.

The Ilima-Letsema campaign is a move by government to address the under utilisation of farm lands held by communities.

"The campaign is aimed at mobilising members of the community to make optimal use of the land at their disposal," said the statement.

The campaign also encourages beneficiaries of land from the state to utilise it appropriately.

The campaign has been be rolled out in other provinces, including the Eastern Cape and Mpumalanga, where the communities have been called upon to group themselves together and use government's agriculture assistance programmes.

One such programme is the Micro Agricultural Finance scheme of South Africa, which is a credit scheme for the agricultural sector, administrated by the Land Bank on behalf of the Department of Agriculture.

It extends micro credit, savings, insurance and payment facilities to economically active poor rural households, small farmers and agri-businesses. This scheme provides loans of up to R100 000, payable over 12 months.

Another scheme is the Comprehensive Agricultural Support Programme (CASP) which aims to provide post settlement support to land reform beneficiaries, as well as other producers.

Mpumalanga's agriculture and land administration department spent its entire R26.12 million CASP budget this year, providing poor households, emerging and small-scale farmers with support.

These funds were distributed across 63 CASP projects by fencing in crop fields and grazing land, providing irrigation infrastructure, animal handling infrastructure, green houses, boreholes and dip tanks.

BuaNews Online website

The Orania Movement expressed satisfaction on Tuesday with the settlement of a land claim that involved part of their separatist Afrikaner enclave in the Northern Cape.

"The settlement between the Land Claims Commission and the group of former residents of Orania is good news," spokeswoman Eleanor Lombard said

It involves a financial compensation settlement of R2.9 million that the state would pay to the claimants.

"With this any possible right on the land of Orania has lapsed,” said Lombard, who added that the land claim was not against Orania itself.

The claim was instituted by about 20 families whom the department of water affairs moved them from Grootverwacht, which is part of Orania, in 1991.

They were settled at surrounding towns such as Luckhoff, Hopetown, Petrusville and Warrenton.

Orania was bought on tender from the department in 1990 and part of the agreement between the founders of Orania and the department was that all the then inhabitants of the Orania town complex should move out.

The department would have arranged for alternative homes.

Lombard said the settlement was in line with the Northern Cape Land Claim Commissioners initial standpoint that Orania was a settled community that should not be disrupted.

"The leaders of Orania, after the announcement of the claim last year, met with the commission and it was agreed that the claim would be handled in a way that avoids conflict.

"It was good that the settlement could be handled this way".

Lombard said Orania residents were pleased by the news that the claim was finally over.

"It means the economic development of Orania can continue whole heartedly".

Lombard said the favourable settling of the land claim would encourage business confidence and economic growth in Orania. - Sapa

Citizen website

Replying to a written question from Donald Lee (DA), the minister said that among the issues that still needed to be resolved were the outstanding electricity debts that had to be settled between the public works department and Eskom, the eviction of illegal occupants from the military base and provision of alternative land by the Port St Johns municipality.

She said the Land Claims Commission was awaiting the valuation report from the independent professional valuator.

Xingwana said the claimants had opted for the restoration of land, "as they want to use the land for development purposes".

"The land will be restored to the claimant community. If there is any portion needed by the municipality for a housing development, this will be discussed with the community and the municipality".

The Herald Online website

Heba Saleh

Bulldozers have moved in to demolish houses in the Egyptian village of Qurna which sits on top of dozens of pharaonic tombs in Luxor.

The governor of Luxor says it will take a month and a half to demolish the village but some Qurnawis insist they will not leave.

BBC News website

A bitter dispute has erupted in St Petersburg over the Russian energy giant Gazprom's plan to build a skyscraper in the historic city centre.

Gazprom chairman Alexei Miller, quoted by the St Petersburg Times, insisted that the city's citizens "will be proud of these new architectural masterpieces".

BBC News website

Charles Clover

A review of the green belt around England’s towns and cities is part of a radical streamlining of the planning system recommended in a report for the Treasury by Kate Barker today.

Miss Barker, a member of the Bank of England’s monetary policy committee, also wants a new system for planning nuclear power stations in which ministers’ decisions would be replaced by those of panels of experts.

She concludes that the planning system has "a profound influence on our quality of life" but is "unnecessarily slow, unpredictable, expensive and bureaucratic".

She says that to ensure a sufficient supply of land, only 8.3 per cent of which is urban in England, local and regional authorities should conduct a review of green belt boundaries where these are too tightly drawn. She indicated she meant places such as Cambridge, not Manchester.

She also backed a new streamlined system of planning for major public projects, with ministers issuing strategic policy and an independent Planning Commission making detailed decisions about the siting of nuclear power stations and incinerators.

The changes she recommends to planning procedures are pointedly headed by the tearing up and rewriting of the long-winded planning guidance drawn up in Labour’s own reforms.

She wants the planning policy statements which got longer and more incomprehensible under John Prescott to be revised so that they are shorter and clearer.

She wants local authorities to revise their plans in 18-24 months instead of the current 36-42. This she says could save local authorities £100 million over three years.

She wants to see a significant reduction in the paperwork needed to support planning applications – helping to reduce the fees paid by businesses, particularly small businesses wanting to expand.

Householders would be allowed to put solar panels and wind turbines on their roofs without planning permission. Minor changes to commercial premises would also be deregulated.

Faster appeals – all to take place within six months from 2008/9 – and a 50 per cent reduction in the number of cases called in for ministers decisions by local officials are also called for. Where local authority plans are indeterminate and do not give guidance, she says applications should be approved unless there is good economic, social or environmental reason.

She backs existing policy on supermarkets being sited as close as possible to the centre of towns but is likely to enrage food campaigners by her recommendation that planners should no longer assess whether there is a need for a new Tescos.

Telegraph website

Matthew Moore

Homeowners and small businesses should be allowed to build extensions without seeking full planning permission, according to an influential Treasury report released today.

Kate Barker, a member of the Bank of England's monetary policy committee, has published a series of proposals aimed easing Britain's housing shortage and freeing up the authorities to concentrate on larger infrastructure projects.

Her report proposes exempting small extensions and loft conversions from the need for planning permission, if neighbours consent to the plans. Small commercial developments should also be rubber-stamped, if they have "little wider impact" on their surroundings.

Miss Barker recommends that local authorities take a more "positive" approach to planning applications, with a presumption in favour of approval "unless there is good reason to believe that the environmental, social and economic costs will exceed the respective benefits".

The average wait for planning applications to be processed should be halved to between 18 and 24 months.

The cost and paperwork of making applications should also be cut, and local planning bodies encouraged to review their green belt boundaries to ensure local development needs are not restricted, according to the report.

A new independent commission should also be set up to adjudicate on larger infrastructure projects, the report recommends.

Environmental campaigners have warned that the proposals will give business and supermarket chains a bigger say in the decision making process and would lead to extra development on green belt land.

Friends of the Earth (FoE) said proposals in the Barker Review of the Planning System would have "a devastating impact on the environment and local democracy".

The green pressure group said the review focused exclusively on how recent planning reforms affect businesses and how the system can be improved for their benefit.

The review team was not asked to consider other aspects of planning such as protection of the environment or ensuring communities have a say on local developments, FoE said.

Telegraph website

Philip Johnston

Property investors could be given the chance to take a stake in a prison under an innovative scheme being studied in Whitehall.

Officials may use a ''buy to let’’ scheme introduced in the Budget as a way of raising private capital for extra cells to ease the prison overcrowding crisis.

John Reid, the Home Secretary, has promised an extra 8,000 places, half of which would be provided on exisitng sites and the rest through building new prisons.

However, the Treasury is unwilling to find the extra money, forcing finance managers to look at alternative sources of cash.

One possible option is to use a Real Estate Investment Trust (Reit), which are popular around the world and will be introduced in Britain next year.

Companies and even individuals would be invited to invest in a new-style property company that would build the jails and then rent them out to private prison operators.

This would provide a steady guaranteed dividend from the "rental income", especially if the prison numbers continue at such historically high levels.

This week, the population broke the 80 000 barrier for the first time. Mr Reid wants to build three new privately-run super-prisons, each housing 1 300 inmates, double the normal capacity.

The Home Office said all kinds of innovative financial schemes were being looked to bring private capital into prisons, and Reits were among them. They offer tax exemptions and are designed to encourage a wider range of investors in property beyond the over-heated housing market.

This model has already been used in the United States by the Corrections Corporation of America to finance several new privately run jails.

Harry Fletcher, of the probation union Napo, said the idea was ''absurd"’ and would have the perverse incentive of working against Government policy to reduce prison numbers.

"The Treasury has refused to finance a conventional prison-building programme so Mr Reid is having to go to extreme lengths to find the money. Under this scheme shareholders would have a vested interest in seeing that the jails were full as the more rent that would come in, the higher the dividends".

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