Agri SA said it is closely watching two cases that ask for a review of the Water Tribunal’s decision not to allow the transfer of water rights. “In the past two years, farmers have had an increasing problem transferring water rights,” said Agri SA executive director Hans van der Merwe. “Water Affairs say that, in terms of the Act, one of the things they must consider before allowing the transfer of these rights is transformation. As a result, literally hundreds of cases are blocked. It seems they want all water for empowerment, regardless of the merits of a specific case.”
Agri SA brought a case against the mineral affairs department which will be heard in the Pretoria High Court in October. “Agri SA purchased mineral rights in Mpumalanga – a property right that it paid for – but the organisation lost these due to administrative procedures,” explained Van der Merwe. “The department has a ‘use it or lose it policy’. If you don’t mine yourself and there’s another successful application, you lose yours. We’ll argue that it was a property right that dissipated into thin air due to the promulgation of the minerals law.
“Billions are involved in the way government acquires rights and redistributes them to friends and family. It has huge implications for mineral rights. And Agri SA’s case addresses the heart of the problem – the distributive power of government,” added Van der Merwe. Free State Agriculture (FSA) recently forced an out-of-court settlement with the state over its inability to maintain law and order along the Lesotho/Free State border.
The state has now allocated R50 000/km for the erection of a border fence. Farmers will act as service providers to carry out the job.“Government failed its citizens in terms of safety and security,” said FSA president and maize farmer Louw Steytler. “Based on the Constitution, we forced government into restoring patrols along that border so people can continue their farming activities.” Meanwhile, in KZN, Kwanalu’s case on municipal rates paid by agriculture properties went to court on 3 October. Kwanalu CEO Sandy La Marque said, “we almost need a truck to take all our documents to court”.
Municipalities have been unwilling to consider the impact rates may have on farmers, and although rates vary between municipalities, Kwanalu’s looking for a maximum cap within KZN of 0,5%, or half a cent in the rand. Farmers can negotiate their own discounts within that level, but a cap offers a measure of protection against exploitation.
The Thabazimbi Chairpersons Forum hasn’t yet resorted to legal action over municipal rates, but are staging a mass protest about high property taxes and the unsavoury way the municipality conducts business. “Thabazimbi residents are expected to pay 50% and more property tax from 1 July 2010, without any improvement in services,” said the forum.The forum said around R30 million had been spent to build a pipeline to supply Rooiberg residents with drinking water, yet water was still being trucked in. And in February 2009, R3,6 million was electronically stolen from the municipality’s bank account, but no arrests have been made.
