BRANCH: CORPORATE SERVICESDIRECTORATE: FACILITIES MANAGEMENT AND LAND MATTERSSub-directorate: Land Matters

Presenter: Barend Fouche

Background: Who is Land Matters:

• HO component• Responsible for all land related aspects country wide• No representation in the Regions or Clusters• 14 officials• Experience in land ranges from 8 to 31 years per official

RESPONSIBILITIES

• Acquisition of land for dams, reservoirs, purification works and other significant permanent structures

• Acquisition of servitudes for pipelines, canals, borrow pits, occupation, etc.• Disposal of land• Land Claims lodged on DWS land• Development applications• Lease/caretaker agreements• Servitude agreements• Way leaves• Vesting

LEGAL FRAME WORK

• Constitution• National Water Act• Expropriation Act• Deeds Registries Act• Land Claims Legislations• Land Acquisition Policy• Approved ROD (EIA)

CUSTODIANS OF LAND

• Department of Rural Development and Land Reform – TBVC States – allocation of land – unregistered rights

• Department of Public Works – RSA – registered rights• Department of Water and Sanitation – National Water Act• Provinces• Municipalities• Private land

HISTORY: LAND MATTERS WITH…

• Scope• Decisions taken: Land Matters to address land aspects for the four

programmes

PROCESSES TO BE FOLLOWED BY LAND MATTERS• Private land• Public Works land• Rural Development and Land Reform land

PROCESS: PRIVATE LAND

• Determining of minimum land needed by Engineers and Spatial Land Information Management

• Appointment of a Professional Valuer• Process of negotiations• Approved valuation report• Acquire land or servitudes• Compensation• Registration: State Attorney• Land Claims

PROCESS: PUBLIC WORKS

• Servitude in favour of the Department of Water and Sanitation/Municipalities registered over State land

• Compensation• Registration – State Attorney• Land Claims

PROCESS: RURAL DEVELOPMENT AND LAND REFORM• Permission to obtain from RD and LR• Close working relation with RD and LR as well as Traditional Affairs• Land Claims• Valuation• Negotiations• Compensation• Surveying• Registration in the Deeds Office and the State Attorney

IMPORTANT NOTES

• Why is it important to register the acquisition:• Reason is that the Department or the Municipality is the responsible

entity that needs to ensure the assets are protected• No further claims against the responsible entity• History to be noted/filed• Liability towards the Minister• Legislation must be followed• Vesting of ownership

THANK YOU

• CONTANCT DEDAILS:

• BAREND FOUCHE• FoucheB@dwa.gov.za• 012336-8633/0828080447

• Joey van Rooyen• VanRooyenJC@dwa.gov.za• 012336-8633/0828861956