NATIONAL COUNCIL OF PROVINCES WRITTEN REPLY QUESTION 128 INTERNAL QUESTION PAPER [No 7-2010] DATE OF PUBLICATION: 26 March 2010 128. Mr R A Lees (DA-KZN) to ask the Minister of Rural Development and Land Reform: (1) What are the details of the enterprises transferred by Alexkor Limited to the Richtersveldt Community Property Association (CPA) as a result of the settlement agreement recently reached between the said company and the CPA; (2) whether he has formulated any policy to ensure that these enterprises are sustainable and continue to operate; if not, why not; if so, what are the relevant details; (3) what are the details of the (a) identities and (b) qualifications of the persons appointed to manage these enterprises; (4) whether any joint venture agreement has been entered into between the said company and the CPA; if not, why not; if so, what are the relevant details? CW155E THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: (1) In terms of the Deed of Settlement that was signed between the Richtersveld Community, the Government of the Republic of South Africa and Alexkor Limited on 22 April 2007, it was agreed that the following farms would be transferred by Alexkor Limited to the Richtersveld Community: - - The remainder of Farm 1 held by Deed of Title T32346/94 (remaining after the excision of the proposed township of Alexander Bay, the harbour, the old HMS plant and the land on which the airport is situated); Farm 155 held by Deed of Title T32346/94; The remainder of Erf 678 Port Nolloth, held in terms of Deed of Title T32346/94; The remaining extent of the farm Gypsum No 5 held by Deed of Grant T979/1993; The farm Brandkaros No 621 held in terms of Certificate of Consolidated Title 1691/1993; Farm 625 held in terms of Deed of Transfer T6951/94 (after excision of that portion of which part of the township Alexander Bay was to be established); Portion 17 (a portion of Portion 8) of the farm Korridor Wes No 2 held by Deed of Transfer No 1939/1993; and - Portion 3 (Beauvallon) of the farm Groot Derm No 10 held in terms of Deed of Transfer T43637/91 (as equitable relief in lieu of monetary compensation that was claimed). It was further agreed that when Alexkor Limited converts its transitional old order mining rights under the Minerals and Petroleum Resources Development Act, 2002 (Act No 28 of 2002) into mining rights contemplated under that Act, it shall transfer the converted mining rights to the Richtersveld Community, subject to the consent of the erstwhile Minister of Minerals and Energy. A joint venture would be formed between Alexkor Limited and the Richtersveld Community in terms of which Alexkor Limited would contribute its marine mining rights and the community would contribute the converted mining rights. (2) Yes. They are contained in the trust deed of the Trust that represents business interests of the Richtersveld Community, and in the Articles of Association of the Richtersveld Investment Company. (3)(a) At the time the Deed of Settlement was entered into the following persons were members of the Richtersveld Investment Company: William Albertus Farmer, Tseko Vincent Potlane, Maryka Diergaardt, Ian James Beere, Elizabeth Joahanna de Wee, Deborne Heinrich Obies, Michelle Eve Basson and Estelle Esme Zwanepoel. The following persons were appointed as trustees to the Richtersveld Investment Trust: Julreich Mark Farmer, Joshua Johnathan Joseph, Roleina Joseph, Carmen Janine Cloete, Christoffel De Wit, James Jacob Diergaardt, Ian Beere, Obed Vokaeeng Mvula (DRDLR) and Vincent Tseko Potlaone (National Treasury). (b) The Deed of Settlement requires that the trustees and the Directors of the investment company must have investment management or merchant banking expertise and one trustee must be nominated by the Minister of Finance in order to assist the trust in financial and investment decisions (4) No. The joint venture has not been entered into as the conditions precedent contained in the Deed of Settlement have not yet been met.