/ 17 August 2006

AgriSA: Conveyancer wrangle delays land claims

The Land Claims Commission is refusing to allow voluntary sellers of land to appoint their own conveyancers, thus delaying the finalising of land claims, organised agriculture said on Thursday.

”In some cases documents were already at the deeds office to be processed when the commission suddenly decided that they not happy with the attorneys and withdrew the documents,” said Annelize Crosby, spokesperson for AgriSA.

She said the commission now wants to appoint its own conveyances in certain provinces where landowners are willing to sell their properties.

”Landowners are already subject to cumbersome administration and lengthy processes that often take years without the original offer being adjusted and in the process lose millions of rands annually,” she said.

Chief land claims commissioner Tozi Gwanya, however, stood firm on the decision, saying it was in the interest of transformation.

He said white farmers tend to appoint ”their buddies” who were usually also white, and this was not in line with government’s transformation policy.

”It is the government who pays for the conveyancers, so as such we do have the right to appoint our own conveyancers.”

He said it was not necessary for a conveyancer to be appointed to conclude the deal, but the government, as the buyer, felt this was beneficial.

Crosby, however, said it was common practice for sellers, who stand to lose the most from a transaction, to appoint their own conveyancers.

”The commission should make it easier for landowners to become involved in the process as voluntary sellers, not more difficult,” she said.

AgriSA plan to take up the issue with Minister of Agriculture and Land Affairs Lulu Xingwana. — Sapa