Landmark high court judgment exposes an ANC government that hinders land reform

The North Gauteng High Court has brought to an end a saga that has been going on since 2003.

Elderly David Rakgase has been farming on Nooitgedacht Farm in Limpopo for almost 30 years.

Rakgase signed the 30-year lease to the farm with the previous regime in 1991 and it was taken over by the African National Congress government.

The Department of Rural Development and Land Reform offered Rakgase a chance to purchase the farm in 2002 under the now-defunct Land Redistribution for Agricultural Development programme.

He officially made an offer in 2003 and it was initially accepted by the department but it appeared as if the department would renege on the deal and instead offered Rakgase a 30-year extension on the lease.

The high court says the state has 30 days to sell the farm to Rakgase on the terms and conditions as well as the price which would have applied had the farm been sold to him in 2003.

John Maytham speaks to legal journalist Karyn Maughan to unpack the ruling.

I am sincerely hoping that the Department of Land Reform and Rural Development has common sense to not seek to appeal this because, as we have seen in numerous other matters, they have a pathology of really appealing against their own indefensible behaviour.

Karyn Maughan, Legal journalist

As has been been the case with the very scathing ruling delivered by Justice Edwin Cameron in his last ruling for the Constitutional Court about the Labour Tenants Act, really this ruling is yet another profound indictment of government's land reform programme and how it has utterly failed black farmers, the very people that it should be benefiting.

Karyn Maughan, Legal journalist

The pathology in the Labour Tenants Act matter is being replicated in this Rakgase ruling, with judges in this matter describing the cynicism with which the Department of Land Reform at one stage had thought to argue technical defences for why they had chosen not to sell this farm.

Karyn Maughan, Legal journalist

Listen below for more...


This article first appeared on CapeTalk : Landmark high court judgment exposes an ANC government that hinders land reform


Recommended

by NEWSROOM AI
Read More
No settlement between City of Joburg and businessman over invaded Lenasia farm

No settlement between City of Joburg and businessman over invaded Lenasia farm

Director of housing Thabo Maisela says there is no provision in law for the compensation Holilal Adjodah wants.

Land Claims Court ruling: 'Jubilation when judgment was handed down'

Land Claims Court ruling: 'Jubilation when judgment was handed down'

Association of Rural Advancement director Laurel Oettle praises ruling by ConCourt to uphold move to appoint a special master.

ConCourt Justice Cameron gives last judgment and retires after 25 years

ConCourt Justice Cameron gives last judgment and retires after 25 years

EWN reporter Theto Mahlakoana unpacks the judge's final ruling at South Africa’s apex court, giving relief to labour tenants.

'Ingonyama Trust is meant to benefit its beneficiaries and not the king'

'Ingonyama Trust is meant to benefit its beneficiaries and not the king'

Casac executive secretary Lawson Naidoo takes a look at Zulu King Goodwill Zwelithini stance on land reform.

Land panel report puts a bullet through the New Dawn's brain – IRR

Land panel report puts a bullet through the New Dawn's brain – IRR

It's "economic suicide", "a 130-page formula to destroy the economy", says the IRR. Bruce Whitfield interviews Terence Corrigan.

'Key question of land expropriation is who will benefit'

'Key question of land expropriation is who will benefit'

Professor Ruth Hall highlights the focus and concerns outlined in the Presidential Advisory Panel on Land Reform's report.

'Impediments have bedevilled transfer of land in line with the Constitution'

'Impediments have bedevilled transfer of land in line with the Constitution'

Land Reform Minister Thoko Didiza expands on President Ramaphosa's statements on restitution during State of the Nation Address.

'We must make agriculture sexy for the young people,' says Thoko Didiza

'We must make agriculture sexy for the young people,' says Thoko Didiza

The minister says agriculture needs to be looked at as more than just production.

State hauled in to court over 'broken promises' made to farmer

State hauled in to court over 'broken promises' made to farmer

Limpopo farmer David Rakgase has taken the state to court over the farm that the state had promised to sell him.

Popular articles
Open day season: How to choose the best school for your child

Open day season: How to choose the best school for your child

Parenting expert Nikki Bush has valuable pointers on what to keep in mind when matching your child to a school.

Zuma returns from Cuba, addresses 'hundreds' of supporters

Zuma returns from Cuba, addresses 'hundreds' of supporters

Former president Jacob Zuma arrived at OR Tambo International where supporters waited to give him a hero's welcome.

[WATCH LIVE] Joseph Shabalala's funeral service underway in Ladysmith

[WATCH LIVE] Joseph Shabalala's funeral service underway in Ladysmith

The music icon and Ladysmith Black Mambazo founder is being laid to rest in his home town in KwaZulu-Natal.

Load shedding to be suspended at 5pm, resumes on Sunday

Load shedding to be suspended at 5pm, resumes on Sunday

Eskom says 'improved generation system performance' will allow it to suspend load shedding at 5pm on Saturday.

[WATCH] Ndlovu Youth Choir's moving 'Homeless' tribute to Joseph Shabalala

[WATCH] Ndlovu Youth Choir's moving 'Homeless' tribute to Joseph Shabalala

The Ladysmith Black Mambazo founder will be laid to rest in Ladysmith on Saturday.

'High possibility' of load shedding continuing throughout Sunday

'High possibility' of load shedding continuing throughout Sunday

Stage 2 power cuts are scheduled until 6 am on Sunday, but Eskom says this could be extended.

 'When languages are being let go of in favour of English, we lose identity'

'When languages are being let go of in favour of English, we lose identity'

Joanne Joseph spoke to Play Africa founder and CEO Gretchen Wilson-Prangley on International Language Day.

'There is a stated commitment to deal with TRC cases but it's taking too long'

'There is a stated commitment to deal with TRC cases but it's taking too long'

Former commissioner Yasmin Sooka says it has been a 16-year battle trying to get the NPA to prosecute TRC-related cases.

We have invested heavily in driver and passenger safety - Uber

We have invested heavily in driver and passenger safety - Uber

Uber Sub-Saharan Africa general manager Alon Lit says their prices have not changed drastically since 2013.

 Tegeta's R3.7-billion coal supply contract with Eskom set aside

Tegeta's R3.7-billion coal supply contract with Eskom set aside

SIU spokesperson Kaizer Kganyago says the court has given the unit the green light to institute legal action against the company.