This Act was signed into law on 11 November 1992. I wish to place on record my disapproval of the dissolution of the Land Commission and the failure to replace it with any other land agency. We are reaping the whirlwind of the failure to do so.
It has been almost six years since the passing of the Act, and I am aware there were legal interventions which I will not deal with in any detail. However, we should have introduced a land authority in place of the Land Commission. This was warranted and is even more warranted now.
Section 14.3 of the Land Commission Act gave the Minister power to bring the authority into operation on such a day as he appointed by order. The Minister says he has an outline proposal but is he still unsure of how to handle these matters? He may exercise all the powers and functions of the commissioners but does he intend that a civil servant will preside in open court and hear objections and adjudicate on claims, on vesting orders and the dissolution of trusts as has been the practice with the Land Commission? Will this be done behind closed doors or will the Minister set up a tribunal to deal with these matters. These are quasi-judicial matters and have been dealt with as such. It is important that we know the outline because farmers are asking this question. What is the outline? Who will look after these matters? Will it be someone such as a retired High Court judge? Will hearings take place in an open forum? What representation will people have? These are important questions, particularly as they relate to trusts, cow parks and such matters. They arise at local authority level and we need answers.
