02 Jun 2021

 Kgatleng Land Board has lifted a moratorium it imposed last year on land use change for ploughing fields under the Oodi Subordinate Land Board area of jurisdiction.

In an , Kgatleng Land Board secretary, Ms Tlotlego Rampha said the moratorium was initially imposed for two months from September to October 2020, but that it was extended to March 31, 2021. 

She said the decision to impose the moratorium was prompted by Oodi Subordinate Land Board’s contravention of land use statutes.

She noted that the moratorium was meant to give the land board time to investigate cases of illegal land use, change of mixed tribal land to integrated farming land which were rife within the Oodi Subordinate Land Board area of jurisdiction. 

In the meantime, receipt and consideration of land use change applications were suspended, which prompted some land owners in the area to petition the land board. 

Petitioners questioned the legitimacy of the Oodi Sub-Land Board to indefinitely reject, revoke or defer their land use change applications and  alleged nepotism by land authorities.

As it turned out, the sub-land board had contravened the Tribal Land Act on land-use change.

Ms Rampha explained that since investigations were a lengthy and tedious exercise, they decided to extend the moratorium to March 31, 2021. 

While acknowledging that the lifting of the moratorium could have effected much earlier, she said the impact of COVID-19 also hit the Kgatleng Land Board staff. Consequently, the process to look into the findings of a report presented to the land board stalled by six weeks.

Ms Rampha explained that Oodi Sub-land Board overstepped its mandate on land use change thereby contravening Sections 13, 32 and 33 of the Tribal Land Act and Statutory Instrument No. 36 which spells out the establishment of subordinate land boards order.

Contrary to the above-mentioned sections, she said the subordinate land board approved the change of use for ploughing fields to mixed use. In the process, she said they disregarded other legislative provisions such as the Town and Country Planning Act and other government policies.

Ms Rampha regretted that as a consequence land allocation to over 100 000 applicants on the Oodi Sub-land Board waiting list stalled.

She noted that instead of allowing owners to change the use of their ploughing fields for subdivision into residential plots for commercial purposes, the land board was legally empowered to confiscate fields within the village’s expansion zone for allocation as tribal land.

Regarding a recent petition by some land owners in the area, Ms Rampha said it cropped up because of a misunderstanding in relation to the moratorium following Oodi Sub-land Board overstepping its mandate.

Ms Rampha also noted that only main land boards were mandated to acquire ploughing fields within tribal land through consultation with owners, as opposed to the latter selling them at exorbitant prices to those with money.

She said unlike freehold land, tribal land ownership rested with tribes and that change of use was guided by established policies and statutes. 

On other issues, Ms Rampha stated that guidelines for agricultural land use were being reviewed. ends