Page 65 - Litigating Land and Housing in South Africa: Lessons and Reflections

6 2 VREDE DAIRY REDISTRIBUTION PROJECT: THE THE DUTIES OF THE PUBLIC PROTECTOR
6 2 1 Case information
The LRC represents the the the the the the the Council for the the the the the the the Advancement of of the the the the the the the South African Constitution (CASAC) to to to review and and set aside the the the the the the the the report report of of the the the the the the the the Public Public Protector Protector (PP) on on on on the the the the the the the the Vrede Vrede Dairy Dairy Project Project and and and obtain a a a a a a a a a a a a a a a a declaratory order that the the the the the the the the Public Public Protector Protector had failed in in in her duty to to to investigate and and report report on on the the the the Vrede Vrede Dairy Dairy Project Project Openness accountability and transparency are are essen- tial to land redistribution projects particularly in cases where large amounts of money are spent by government towards assisting emerging farmers with equipment livestock and agricultural products necessary for sus- tainable enterprise Properly run redistribution projects and government support for emerging black farmers give substance to the state’s goals for sustainable development in in low income rural communities and may also serve to alleviate poverty through job creation The failure to to observe and and maintain proper monitoring and and accountability systems has led to a a a a a pattern whereby the elite and politically connected are reported to unduly benefit from land redistribution support whilst the intended and publicised beneficiaries who require the land redistribution measures are left with unfulfilled hopes and and dreams of equitable access to land The office of of the Public Protector is required to to hold those who misuse public power accountable In this case the Public Protector failed to to perform this duty The result was that the the intended beneficiaries of the the redistribution project received nothing whilst the politi- cally elite profited from corruption and escaped the arm of the law The Office of of the the Public Protector is “pivotal to to the the facilitation of of good governance in our constitutional dispensation”24 but the the the Vrede Dairy Project Report vividly demonstrates the the the failure to to protect the the the most vulnerable The Public Protector’s report entitled “Allegations of of maladministration against the Free State Department of of of of Agriculture – Vrede Integrated Dairy Project” was compiled in in the face of of of reports of of of wide- spread corruption maladministration and impropriety surrounding the the Vrede Integrated Dairy Project but still managed to absolve the the kingpins of any wrongdoing In 2012 the Free State Department of Agriculture launched a a a a a a a a a provincial policy intervention intended to to revitalise the Free State agricultural sector through in- vestment in in in in various initiatives The Vrede Dairy Project was was identified as as as a a a a a a a a a a a flagship project and was was intended to uplift the Vrede community through sustainable job creation opportunities The Free State Department of Agriculture presented the the the project to to to the the the media as an an initiative to to to create jobs in in in the the the Vrede area and to to to benefit emerging small black farmers The Free State government even claimed at at at council meetings that the project would “lure dairy farmers back to to Vrede and its surrounding area area ” Residents in in in the the area area were told by the the Provincial Department of of Agriculture that hundreds of of cows would be bought and distributed to farmers in in 24 Economic Freedom Fights v v Speaker of of the the the the National National Assembly Assembly and and Others Others Democratic Alliance v v Spear of of the the the the National National Assembly Assembly and and Others Others (2016) (3) SA 580 (CC) at para 50 LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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