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BRANCH: CORPORATE SERVICES DIRECTORATE: FACILITIES MANAGEMENT AND LAND MATTERS Sub-directorate: Land Matters Presenter: Barend Fouche.

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Presentation on theme: "BRANCH: CORPORATE SERVICES DIRECTORATE: FACILITIES MANAGEMENT AND LAND MATTERS Sub-directorate: Land Matters Presenter: Barend Fouche."— Presentation transcript:

1 BRANCH: CORPORATE SERVICES DIRECTORATE: FACILITIES MANAGEMENT AND LAND MATTERS Sub-directorate: Land Matters Presenter: Barend Fouche

2 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

3 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

4 LEGAL FRAME WORK Constitution National Water Act Expropriation Act Deeds Registries Act Land Claims Legislations Land Acquisition Policy Approved ROD (EIA)

5 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

6 HISTORY: LAND MATTERS WITH… Scope Decisions taken: Land Matters to address land aspects for the four programmes

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

8 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

9 PROCESS: PUBLIC WORKS Servitude in favour of the Department of Water and Sanitation/Municipalities registered over State land Compensation Registration – State Attorney Land Claims

10 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

11 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

12 THANK YOU CONTANCT DEDAILS: BAREND FOUCHE FoucheB@dwa.gov.za 012336-8633/0828080447 Joey van Rooyen VanRooyenJC@dwa.gov.za 012336-8633/0828861956


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