Potential Land Bank Conflict of Interest

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

This week, President Ramaphosa confidently celebrated the Land Bank’s role in financing farmers and transforming the agricultural sector. However, this presents an incomplete picture of the Land Bank’s performance. Not only has the Land Bank recently been forced to suspend its blended finance scheme due to a lack of funds, but its aggressive liquidation procedures have also attracted considerable scrutiny.

The possibility of a serious conflict of interest currently exists in the internal investigation into 12 disputed insolvent estates pursued by Land Bank. I have written to the Minister of Justice and Constitutional Development, Ms Mmamoloko Kubayi, requesting her intervention to ensure independent and impartial investigations, given the potential consequences for affected farmers’ livelihoods.

My letter to Minister Kubayi raises questions regarding the independence of Ms Angelena Poole in the 12 insolvent estates the Land Bank is currently pursuing for unpaid debts. She is one of the two investigators appointed to examine these disputes and has several existing professional ties to Land Bank matters, including serving as a trustee of a trust sequestrated by Land Bank and acting as a co-liquidator in matters brought by Land Bank.

This raises a legitimate concern about a possible conflict of interest. Farmers deserve an investigation that can scrutinise the conduct of attorneys and liquidators without the possibility of being compromised by the investigator’s own estate responsibilities or professional connections with the Land Bank.

My letter asks Minister Kubayi to:

• Urge the Chief Master to replace Ms Poole with an independent investigator uninvolved in Land Bank insolvency processes.
• Provide the investigators’ terms of reference, conflict assessments and declarations of interests.
• Arrange an independent review of any work already completed by Ms Poole and provide a clear timetable for all 12 estates.

I have requested a substantive response from the Minister within seven calendar days.

The affected farmers and families deserve real accountability, access to the records supporting these aggressive liquidation processes, and consequences wherever wrongdoing is established.