As president Cyril Ramaphosa prepares to announce his new cabinet, one of the most pressing issues for the incoming minister of agriculture, land reform and rural development will be addressing a significant land allocation dispute.
This dispute, involving former minister Thoko Didiza, has been highlighted by a recent Cape High Court judgement mandating compliance with a land restitution order. The court’s ruling has serious implications, including potential imprisonment for Didiza if the new minister fails to address the issue.
The department of agriculture, land reform and rural development has come under scrutiny due to media reports concerning Didiza and her involvement in this contentious issue. According to the Daily Maverick, Didiza could face imprisonment for not adhering to a restitution order related to land claims in District Six, Cape Town.
The court found that the department had failed to meet its obligations to return land to its rightful claimants, holding Didiza responsible due to her role as the head of the department at the time.
Department to review court judgement
In an official statement on Friday evening, the department acknowledged the high court’s judgement and confirmed that they are currently reviewing the details. “The department is studying the judgement of the high court and will respond to the public in due course,” the statement read.
The resolution of this matter now rests on the shoulders of the incoming minister, who will provide the necessary guidance and final decisions once they assume office.
The case centres around three Beaufort West sheep farmers – Joshua Bezuidenhout, Herold Bezuidenhout, and Jan Bergh – who have been in a legal battle with the government since officials moved other families onto their farm, jeopardizing their livelihoods and wool certification.
These farmers, known as the Nuveld farmers, were part of a 2009 land reform programme where they were allocated farms and successfully built an award-winning wool cooperative. However, in early 2023, government seized two of these farms and allowed new occupants, disregarding the farmers’ existing lease and pending legal rights.
Despite obtaining a court order on 4 March 2023 to restore their land, the department continued to allow new occupants on the farms. This disregard for the court order led the Nuveld farmers to return to court, resulting in judge Ismail Mahomed ruling against Didiza and other officials.
The judge gave them 30 days to comply with the order or face 30 days in prison, emphasising that the department acted in bad faith and in wilful contravention of the court order.
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