Q and A on Land Expropriation
Question:

I am thinking about investing in a piece of land in the Natal Midlands but am worried about the Land Expropriation that is currently underway in our country. Could you please let me know to whom I can speak or where I can get some literature on the subject.

Answer from Dave, KZN Farm Sales

There are 2 forms of land claims;

1) WORKER TENANCY CLAIMS
These claims are for people who reside or have a right to reside on any agricultural property. Their rights are protected by the ESTA ACT 62 OF 1997.

2) RESTITUTION CLAIMS
These claims are claims by people forcibly removed or dispossessed by the previous government between 1913 and 1994. Some of these claims have been gazetted and some take the form of blanket claims (groups/clans of people who are claiming vast areas) that have not been gazetted.

Compensation will be paid to claimants who have valid claims and where it will prove difficult to reinstate occupation the claimants also have the option of accepting alternative land from the government.

Many of the claims submitted are spurious in nature and claimants are hoping to get any form of financial reward as a result of these claims. (Many of these claims materialized after the cut off date of 31st December 1998 – MANY OF THEM ARE DATED BETWEEN 20TH – 31ST DECEMBER 1998)

Should you wish to get the Explanatory guide to the ESTA act - you can contact the Department of Land Affairs – they will provide you with a guide.

Regarding the Land Claims the Communications Officer is Zweli Mamela who can be contacted at 033 358400.

All claims submitted must be gazetted by the 31/3/2008 – this by Presidential proclamation.

My advice is that if you are going to invest be very wise in terms of the area you buy in. The prices of land in “safe” areas is going to escalate as the claimed land areas increases thus leaving more money chasing less land.