Agri SA seeks R99bn damages

2010-10-04 15:01

Pretoria - Agri SA's legal bid to claim damages it says farmers have suffered as a result of mineral rights falling under the control of the state amounted to R99bn, the North Gauteng High Court in Pretoria was told on Monday.

Advocate Cassie Badenhorst, representing Mineral Resources Minister Susan Shabangu, told the court that the total value of the claims amounted to R99bn and in fact one law firm had acted for 1 100 farmers with claims valued at R32bn.

He said the R99bn included R47bn in unused claim rights.

Agri SA is seeking damages on behalf of its members from Shabangu as it claims the mineral rights its members owned were expropriated by the government when the Mineral Petroleum Resources Development Act became effective on May 1 2004.

According to the government the law makes the state the custodian of the country's mineral wealth for the benefit of all South Africans.

Acting Judge Hans-Joachim Fabricius told Agri SA advocate Gerrit Grobler that when the trial resumed on Tuesday he would like to hear how Agri SA claimed the expropriation took place.

  • Black Diamond - 2010-10-04 15:25

    Hehe, just wait till the farmers apply for mineral rights, then we can scoop and steal them, just like we did with Mittal hahahah viva viva

  • Momo - 2010-10-04 15:32

    Dear government, bad language and hate speech, that's all I have to say, please note HATE is top of the log.

  • Piet - 2010-10-04 15:46

    Ag,this is a load of rubbish. The claim is made by people who just want to loot from the poor.Our courts are just purely abused here. But i will not mind when they win the claim because the courts and the law in this country have eyes.

  • RE: Back Diamond - 2010-10-04 15:49

    Black Diamond, that's all that you and your cronies will ever be good at!

  • THE PUNISHER - 2010-10-04 15:49

    That's great!!! Nail these ANC bastards with their own medicine. That will teach them to steal!!!!

  • @black diamond - 2010-10-04 15:53

    Black diamond, you are the reason Africa is a failed continent and will remain so forever. Its black people like you that give the majority of the good decent black population a bad name and why people like me continue to exploit the likes of you, resulting in a place for us here forever, your attitude and incompetence. Sad little idiot you are, my dog has more morals than you.

  • Jade - 2010-10-04 16:02

    If Agri SA think they have a strong case, then the ANCYL has a much more stronger case for nationalization. Why R 99bn for a few white farmers? The state must be the custodian of all mineral rights onbehalf of all South Africans irrespective of whether the ANC is in power or not. I now fully understand why Julius is sooooo passoinate about these mines, I now believe that he is veeeery riiiight! Why the minority wants to continue holding the state at ransom? Viva Nationalization!

  • john - 2010-10-04 16:02

    I think the only people who will ultimately score here are the lawyers. Headline in a few years time - Attourneys sue AGRI SA for unpaid legal fees!

  • DeonL - 2010-10-04 16:26

    It is about time that someone takes on the Minister and theire one sided rules

  • Ngwato - 2010-10-04 16:29

    They are bored 'cause it's not raining. If they mean it, I will change my mind and support Julius' nationalisation call!!!!

  • Paulie - 2010-10-04 16:35

    What a pity this blog has degenerated into a yawning racist diatribe. @blackdiamond, i find your attack on Black Diamond tasteless - and I'm being kind to you. I take you you, like me, are white. Differ by all means, but you are not contributing anything to sound dialogue and building - or trying to - relationships over colour fault lines. From your hysterics I ask myself whether your dog hasn't got more morals than you yourself have. This R99 bn claim makes good headlines, but it's a lead balloon. It is plain bloody stupid. Agri SA will not gain anything by this posturing.

  • Robin - 2010-10-04 16:38

    Quite simple - there is a clause that allows for holders of mineral rights at least 2 years prior to the implementation or drafting of a new law to maintain those rights. If Givernment wishes to remove those rights, then the government is compelled by law to compensate for any loss or potential loss suffered as a consequence of the removal of that right. Similar to new Water Act, farmers operating under the old law are allowed to continue doing so, they just need to apply as aprt of the governments water monitoring policies. Water can no longer be privately owned. Same with mineral rights. Therefore those who had them should be compensated for their losees, as many people invested their whole lives and futures in mining rights, now the government just sommer takes these rights away. Compensate, however much it costs. If government wants to take from its pepole, then like any normal system, pay for what you take, otherwise its theft!

  • Frik - 2010-10-04 16:39

    If Agri SA doesnt take itself seriously, why is anbody else supposed to. A R99bn claim?? Our GDP is only $280bn per annum. Then, do they reverse compensate the state for having mined on the land in the meantime? Do they have to prove they bought the land with a view to mineral speculation? Wasnt the law always like this anyway. No, I think some dumb farmer got talked into this by an ambitous lawyer/financial planner/water diviner from the closest dorp. Wait till he gets the legal bill.

  • Mark@Jade - 2010-10-04 17:13

    How do you know it is white farmers? Agri SA is for the represeneted farmers. You are a racist and the ANC Gov have stolen a lot more that 99bn.

  • Geyser - 2010-10-04 19:07

    This black diamond is a white racist. Anyhow to begin with Whites had taken over black people's lands and farms through laws made under apartheid. The laws made and designed to steal black people's land. So the white farmers have no basis for any claim as normally all natural resources including land are the property of the state and it's people. Those people are: black, white, brown and whatever other color under our rainbow nation.

  • Hein - 2010-10-05 07:11

    We don't need government to be the custodian of everything for everybody. That is Communism. And that is a proven failed system that will leave everybody poorer. Proven fact. See Africa as an example and see SA after 17 years. We have an artificial economy based and built on a nightmare and a false market. We need a free market that's open for all on an even non-racist basis. That is the only way we will lift ourselves out of this pathetic situation we find ourselves in. Government have not the skills or the ability to look after its citizens, but only when a free open market provides decent jobs will we be able to realise the dreams we have for this country.

  • AJ @ Geyser - 2010-10-05 07:13

    Problem is Geyser, that if someone has invested decades in a farm and millions of rands, in something he did not personally steal, but bought from government at the time, then he should get his investment out in full, if he is being forced off the land.

  • Boeggem - 2010-10-05 08:28

    The fact that the courts are willing to hear the case indicates that there is merit in the case. It will be interesting to see the outcome here. It is high time we use the pen to rectify some situations. After all we brought the law here we might as well use it.

  • 3ZCVT - 2010-10-05 09:06

    the "black people's land" mantra is getting old. If not for the same white people there would be no infrastructure, no technology, no market, no money system, mineral wealth would be worth nothing. Stop just taking one factor in to consideration and consider to bigger picture. In other words if you wish to go back in history as a black person and reclaim what belonged to your chief, then you need to compensate white people for civilization also, right the wrongs of the past and honour the agreement which the Boers of the Groot Trek had with Dingane, honour the negotiations of 1992-1994 and put an end to so called "fair discrimination". Furthermore my grand-father sold a farm, I want a better price for it, let me go back in history and demand more money for it.. see where do you draw the line? These farmers purchased their land from previous governments, they worked for it, they paid for it. It was not given out for free. Black people are so used to demanding and getting things for free they assume ignorantly white people get things for free also. Let the black people of South Africa work for it and pay for it like the white people did. Furthermore, black people received homelands under Apartheid, where is the white homelands? We have a rightful claim to this country, if you wish to deny it do so in an official statement, so that we can be granted refugee status. Most of us want to leave this continent anyway - let the black people march in to the future and create another Somalia without us. Zimbabwe is a great country - lets us become a Zimbabwe, without white farmers.. let the farmers go to the US, Aus and NZ where they are appreciated.

  • @ Ngwato - 2010-10-05 14:02

    Good for you. Support Malema's nationalisation call. Its your brothers & sisters that will suffer cos of nationalisation. Good luck are goung to need it.

  • samsam@3ZCVT - 2010-11-30 13:51

    blahblah, R99b what a joke break it down including tax, @Susan hahaha natinalisation what nationalisation by now you should be packing your begs since JZ will fire you should you lose this case clever , when Malema was protecting you, you threw him out of the window since he was black boy dreaming

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