Hope for 150 Commercial Farms Lost to Alleged Unlawful Land Bank Actions

Statement by Dr Igor Scheurkogel MP – DA Member of the National Council of Provinces:

The National Council of Provinces has adopted the DA motion calling for decisive action against alleged unlawful Land Bank liquidation practices and the systemic failures within South Africa’s liquidation industry and justice system.

The motion calls for a moratorium on proceedings where the Land Bank cannot prove its legal title to the debt, the operative cession, the lawful mandate of its attorneys or compliance with National Treasury procurement requirements. It further calls for independent forensic investigations, the release of the Adams & Adams and SIU reports, legislative reform and disciplinary, civil and criminal action against those responsible.

More than 150 commercial farms were lost and, in one case, assets reportedly worth approximately R14 million were auctioned for roughly R6 million. These allegations require proper investigation and answers.

The accepted motion aims to achieve the following:

• Those who lost everything must be heard and restored. Farmers, workers and families have allegedly lost productive farms, homes, jobs and generations of work through questionable liquidation processes. Where property was unlawfully attached or sold through unproven cessions, irregular appointments or abuse of court processes, the losses must be established and appropriate legal redress pursued.
• The entire liquidation industry and its relationship with the justice system must be reviewed. This must include the Offices of the Master, the appointment of attorneys and liquidators, auctions, professional fees, recoveries and the conflicts of interest that allow a small circle of individuals to repeatedly benefit from liquidated estates.
• Anyone who acted without authority, manipulated appointments, misrepresented legal standing, undervalued assets or unlawfully profited from these proceedings must face disciplinary, civil and criminal consequences.

This is not about protecting anyone from a lawful debt. It is about ensuring that the power of the state and our courts is never abused to strip people of everything without lawful authority.

The motion have also been circulated to Land Bank and the DA awaits their feedback and will ensure that the NCOP issues the motion directives all the relevant parties.