land acquisition guide sanral(2008)

LAND

ACQUISITION

GUIDELINES FOR

CONSULTING

ENGINEERS

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SANRAL LAND ACQUISITION GUIDELINE MANUAL Revision 3/2008

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TABLE OF CONTENTS

1 INTRODUCTION ..............................................................................................................8

2 LIST OF TERMINOLOGY ................................................................................................9

3 THE LEGAL ENVIRONMENT IN WHICH LAND IS ACQUIRED BY SANRAL ...........16

3.1 Ownership of Land and Rights in Land ......................................................... 16

3.1.1 Lease Agreements .....................................................................................17

3.1.2 Servitudes ..................................................................................................19

3.1.3 Informal Rights ...........................................................................................19

3.1.4 Mining and Surface Rights.........................................................................19

3.2 Classification of the Types of Land ................................................................ 20

3.2.1 Existing Road Reserves ............................................................................21

3.2.2 Privately owned land ..................................................................................22

3.2.3 State owned land .......................................................................................24

3.2.3.1 State owned land under control of the Department of

Public Works ...............................................................................28

3.2.3.2 State owned land under control of the Department of

Land Affairs and/or Tribal Authorities .........................................27

3.2.3.3 Transnet and SARCC owned land ........................................... 29

3.2.3.4 Land under control of the Ingonyama Trust ............................. 29

3.2.3.5 State Domestic Land Assets within former Homelands ............ 30

3.2.3.6 Quitrent Titles ..............................................................................31

4 LAND REQUIREMENTS OF SANRAL .........................................................................33

4.1 Road Reserve................................................................................................... 33

4.2 Access Roads .................................................................................................. 33


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4.2.1 Access Roads acquired by way of a Long Term Wayleave Agreement .. 35

4.2.2 Access Roads acquired by way of a Short Term Wayleave Agreement . 36

4.2.3 Access Roads compensated for in terms of Section 53 (Loss Payment) .36

4.3 Borrow Pits and Quarries................................................................................ 37

4.4 Stockpile Areas and Temporary Deviations .................................................. 39

5 THE LAND ACQUISITION PROCESS ..........................................................................40

5.1 SAP Project Registration ................................................................................ 41

5.2 Design Topographical Survey ........................................................................ 43

5.2.1 Borrow Pit and/or Quarry Surveys .............................................................44

5.3 Cadastral Keyplan ........................................................................................... 46

5.4 Preliminary Engineering Design ..................................................................... 48

5.4.1 Submission of Preliminary Data to SANRAL’s Survey Service Provider ..49

5.4.2 Road Reserve ............................................................................................49

5.4.2.1 Definition of the Existing Road Reserve .....................................50

5.4.3 Access Roads ............................................................................................50

5.4.3.1 Access Roads used by the General Public ................................51

5.4.3.2 Access Roads for Private Usage ................................................52

5.4.4 Temporary Deviations and Stock Pile Areas .............................................53

5.4.5 Borrow Pits or Quarries .............................................................................53

5.4.6 Severed Land .............................................................................................55

5.4.7 Other aspects to take into consideration ...................................................58

5.5 Property Report ............................................................................................... 60

5.5.1 Property Description ..................................................................................61

5.5.2 Landowner Details .....................................................................................61

5.5.3 Classification of type of affected land ........................................................62

5.5.4 Required Area and Required Usage .........................................................63


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5.5.5 Improvements affected by Acquisition .......................................................63

5.5.6 Occupants ..................................................................................................63

5.5.7 Rights on Property .....................................................................................64

5.5.8 Access to Property .....................................................................................64

5.5.9 Landowner’s Requests or Qualifications ...................................................65

5.5.10 Severed Land .............................................................................................66

5.5.11 Data to be submitted with the Property Report .........................................68

5.6 Final Engineering Design ................................................................................ 71

5.6.1 Submission of Design Data .......................................................................72

5.6.1.1 Design Data Specification: Acquisition of land required

permanently for National Road Reserve purposes ....................72

5.6.1.2 Design Data Specification: Acquisition of land required for

Temporary Deviations, Borrow Pits, Quarries and Access

Roads to Borrow Pits and Quarries ............................................74

5.7 Land Acquisition Key Plans ............................................................................ 77

5.8 Property Data Sourcing ................................................................................... 78

5.9 Acquisition Plans ............................................................................................ 79

5.9.1 Distribution of Acquisition Plans ................................................................80

5.10 Acquisition Documentation ............................................................................ 81

5.11 Acquisition Negotiations ................................................................................ 83

5.11.1 Strip and Case Specific Valuation .............................................................83

5.11.2 Field Inspections and Acquisition Negotiations .........................................84

5.11.2.1 Value of and Compensation payable for required land ..............85

(i) Market Value of affected or required land .............85

(ii) Real Financial Losses ............................................86

(iii) Affected Rights .......................................................86


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5.11.3 Valuation Documentation ...........................................................................87

5.11.4 Compensation Payment to Landowners ...................................................87

5.11.4.1 Payment for Permanent Acquisition of Land ..............................87

5.11.4.2 Payment for Temporary Acquisition of Land ..............................88

5.11.4.3 Payment for Financial Losses ....................................................88

5.11.5 Expropriation ..............................................................................................88

5.12 Sub-division of Permanently Acquired Land ................................................. 90

5.12.1 Defining the New Cadastral Boundary ......................................................91

5.12.2 Defining the Old Cadastral Boundary ........................................................92

5.12.3 Sub-divisions through Towns ....................................................................93

5.12.4 Programming of the Sub-Divisional Surveys .............................................93

5.12.5 Servitude Surveys ......................................................................................94

5.13 Conveyancing .................................................................................................. 95

6 TYPICAL PITFALLS ENCOUNTERED DURING THE ACQUISITION OF LAND .......96

6.1 Acquiring land that has been developed ....................................................... 96

6.1.1 Improvements and Developments .............................................................96

6.1.2 Boreholes and other Water Sources .........................................................97

6.1.3 Graves ........................................................................................................99

6.1.4 Mine Dumps and/or Mining Rights ..........................................................100

6.1.5 Planned Developments ............................................................................101

6.1.6 Informal Settlements and/or Illegal Occupation ......................................102

6.1.7 Old Borrow Pits ........................................................................................103

6.2 Acquiring Land within a Sectional Title Scheme ......................................... 105

6.3 Acquiring State Owned Land ........................................................................ 105

6.3.1 Acquiring land under Tribal Control .........................................................107

6.4 Acquiring Land left without Access ............................................................. 108


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6.4.1 Severed Land without Access .................................................................108

6.4.2 Acquiring Borrow Pits and/or Quarry Sites without Access ....................108

6.4.3 Acquiring Borrow Pits or Quarry Sites with Access on adjacent

property (different landowner) .................................................................109

6.4.4 Acquiring an inappropriate or unfeasible Access Road ..........................110

6.5 Acquiring Land without prior or proper Technical Consultation with

landowners .................................................................................................... 111

6.6 Inappropriate Quality Control re the respective design components

dealt with by different role players within a Consulting Engineering

Joint Venture ................................................................................................. 112

6.7 Acquiring land without any or proper Cadastral Boundary Consideration113

6.7.1 Cadastral “Islands” ...................................................................................113

6.7.2 Acquiring Borrow Pits or Quarries across Cadastral Boundaries ...........114

6.7.3 Acquiring land without considering Cadastral Boundaries ......................115

6.8 Using the incorrect Survey Projection Datum ............................................. 117

6.9 Placement of Borrow Pit and/or Quarry Boundaries in relation to

Land Use on property as a whole ................................................................. 118

7 ANNEXURES ...............................................................................................................120

7.1 ANNEXURE 1: Flow Chart in respect of the Land Acquisition Process .... 120

7.2 ANNEXURE 2: Extract of a Declaration done on Co-ordinates .................. 125

7.3 ANNEXURE 3: Extract of a Declaration done on Description ..................... 128

7.4 ANNEXURE 4: Examples of Acquisition Plans ............................................ 129

7.4.1 Notes to Annexures 4A and 4B ...............................................................129

7.4.2 ANNEXURE 4A: Acquisition of a Borrow Pit ...........................................130

7.4.3 ANNEXURE 4B: Acquisition of additional road reserve for the

upgrading of an existing National Road ..................................................132

7.5 ANNEXURE 5: Example of a Property Report .............................................. 134


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7.5.1 ANNEXURE 5A: Property Schedule Matrix ............................................135

7.5.2 ANNEXURE 5B: Property Report 1:50 000 Layout Drawing ..................138

7.5.3 ANNEXURE 5C: Property Report Design Drawings ...............................139

7.5.4 ANNEXURE 5D: Property Report............................................................140

7.5.5 ANNEXURE 5E: Signed Letter re Landowner’s Confirmation ................143

7.5.6 ANNEXURE 5F: Supporting Documentation ..........................................144

7.5.7 ANNEXURE 5G: Property Report Checklist ...........................................152

7.5.8 ANNEXURE 5H: Form LA 2A: Submission of Design Data ....................155

7.6 ANNEXURE 6: Pro-forma Documentation .................................................... 156

7.6.1 ANNEXURE 6A: Letter requesting Landowner’s Confirmation ..............156

7.6.2 ANNEXURE 6B: Property Report Checklist ............................................159

7.6.3 ANNEXURE 6C: Form LA 1 ....................................................................163

7.6.4 ANNEXURE 6D: Form LA 2 ....................................................................165


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1 INTRODUCTION

The purpose of this Manual is to provide Consulting Engineers and other Service

Providers of the South African National Roads Agency Limited (SANRAL) with

some guidance relating to land acquisition. It has as its basis, the identification of

various issues and pitfalls that need to be taken into account during the design

phase of roads, with special emphasis on the demarcation of road reserve

boundaries, the location of access roads and the sourcing of land required for the

obtaining of road building material and/or other construction needs.

This Guideline does not constitute instructions to Consulting Engineers and

should in no way be seen as purporting to address all or every issue that might

arise relating to land acquisition. The use of this Manual will in no way

whatsoever attract any liability of SANRAL towards the user hereof.

In keeping with the Geometric Design Manual of SANRAL, this document aims to

reduce the probability of failure to the lowest possible level and, furthermore,

seeks to minimize the consequences of the failures that do occur. The hallmark

of professionalism in road design is the ability to foresee and minimize the

conflicting objectives that are inherent in any project. The most important concept

to keep in mind throughout the highway design process is that every project is

unique. The setting and character of an area, the values of the surrounding

community, the needs of the highway users and the associated physical

challenges and opportunities, are unique factors that highway designers must

always consider with each project.

With that being said, it is important to recognize that an engineering solution is

but part of a project and that the designed solution must ultimately fit within a

specific spatial dimension, i.e. land is always required for a designed engineering

solution to form shape through construction. It is this aspect of designed

solutions that often do not take precedence or are ignored during the process and

this can ultimately influence the realisation or failure of any design. This

Guideline thus serves to enhance the designed solution by providing information

that the designers of roads (and later also the constructors of the designed

solutions) must heed in order to ensure that the holistic philosophy advocated by

the Geometric Design Manual, actually comes to fruition.


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2 LIST OF TERMINOLOGY 1 Access Roads Permanent or temporary lower order roads

that provide access to specific areas,

properties and/or sites.

2 Acquisition of Land The acquisition of land or the right to use land

required for, as a result of or in connection

with the construction of a road by way of

entering into an Agreement between

SANRAL and a landowner on a “willing buyer

– willing seller” basis.

3 Acquisition Plan A plan prepared by SANRAL’s Survey

Service Provider purely for the purpose of

defining the land parcels or additional land

parcels of a specific property in respect of

which SANRAL have to acquire either full

ownership or the legal right to use such land.

4 Cadastral Key Plan An accurate reconstruction in accordance

with Chapter 6 of the TMH11 Survey

Specifications of the prevailing cadastre in

respect of a strip of land approximately 400

meter wide along the road corridor (i.e.

approximately 200 meters on each side of the

road centre line. Such plans are compiled by

SANRAL’s Survey Service Provider using the

most recently dated SG Diagrams.

5 Consulting

Engineers

Engineering Service Providers appointed by

SANRAL to undertake the Design, Tender

Documentation and/or Supervision phases in

respect of the construction, rehabilitation or

maintenance of specified sections of the

National Road Network.


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6 Contractor Entity appointed by SANRAL for the actual

construction phase of the construction,

rehabilitation or maintenance of specified

sections of the National Road Network.

7 Deed of Sale Legal document to be entered into between

two parties relating to the transfer of

ownership of a specific property or portion of

a property

8 Design Data The engineering design data that defines the

land requirements in respect of a specific

road section, borrow pit, quarry, etceteras.

9 Expropriation of

Land

The acquisition of land or the right to use land

required for, as a result of or in connection

with the construction of a road by way of

expropriation on behalf of SANRAL by the

Minister of Transport in accordance with the

provisions of Section 41 of the South African

National Roads Agency Limited and National

Roads Act, 1998 (Act 7 of 1998), read with

the Expropriation Act, 1975 (Act 63 of 1975).

10 Land Acquisition

Key Plan

An updated Cadastral Key Plan with the

following information superimposed thereon:

Declared national road reserve

boundary;

Designed new road reserve boundary;

Acquisition Plan numbers;

Differentiation between permanent

and temporary acquisitions;

(Also see paragraph 4.6.4 of Draft 3 of the

N14/5/6/ Guideline Manual.)


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11 LAC Program Land Acquisition Co-ordination Program as

maintained by SANRAL with the objective to

overall prioritise, co-ordinate and integrate

the acquisition of land with SANRAL’s Project

Implementation Program and strategic

objectives.

12 Land Acquisition

Requirement

An accurate and geo-referenced indication of

all the land to be acquired by SANRAL (either

permanently or temporarily) in respect of

each affected property. This includes the

differentiation between land parcels affected

by the existing road reserve and land parcels

affected by the new road reserve.

13 Land Portfolio

Service Provider

The entity appointed by SANRAL to

undertake the following works relating to the

land acquisition process:

Sourcing of all property related

information such as ownership, title

deeds, SG Diagrams, etceteras

(including contact details of

landowners);

Compilation and distribution of

Acquisition Documentation;

Facilitating of payments to land

owners;

Conveyancing of acquired land into

SANRAL’s name;

Updating and maintenance of

SANRAL’s Land Register; and

Integration of data and records into

SANRAL’s Integrated Transport

Information System (ITIS)


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14 Letter re

Landowner’s

Confirmation

Letter whereby/in which a landowner –

confirms that he/she has been

approached regarding the proposed

construction activities on his/her land;

indicates his/her willingness to

negotiate regarding the alienation of

ownership/granting of permission for

the right to use the required or

affected portion(s) of his/her land on a

willing buyer-willing seller basis;

specifies the conditions to which the

afore-mentioned will be subject to.

15 Property Report A comprehensive Report to be compiled by

the Consulting Engineers during the design

phase in which(amongst others) the following

aspects are addressed:

The affect on all the cadastral

properties that are/could be affected

by the proposed project.

Detailed information relating to the

registered landowner(s), lessees,

Usufructuaries and all other holders of

registered and unregistered rights in

and to the subject properties.

The known or identified socio-

economical impact of the Project on

the affected properties, especially

those which may render the

acquisition of the required portions

problematic and/or costly.

16 Registrar of Deed Means a person appointed i. t. o. the Deeds

Registries Act, 1937 (Act 47 of 1937), and,

when used in relation to-


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any Deeds Registry, means the

Registrar in charge of that Deeds

Registry;

a document, means the Registrar in

charge of the Deeds Registry where

that document is or can be registered

or is/is intended to be filed;

17 Road Reserve

Boundary

The line clearly demarcating the outer edge of

a specific road corridor.

18 Road Reserve The area between the specifically defined

road reserve boundaries.

19 SANRAL The South African National Roads Agency

Limited

20 SANRAL Project

Manager

Person employed by SANRAL to oversee and

manage on behalf of SANRAL, all aspects

related to a specific construction, rehabilitation

or maintenance project in respect of a

specified portion of a national road.

21 Surveyor-General In relation to any land or any general plan or

diagram thereof, or in relation to any matter in

connection with any land, means the duly

designated person in charge of each

Surveyor-General's office established in terms

of Section 4 of the Land Survey Act, 1997 (Act

8 of 1997) in the province or area where such

land is situate or such general plan or diagram

is, can or must be registered.

22 Survey Service

Provider

The entity appointed by SANRAL to do engi-

neering and cadastral survey related work re-


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the integration of data, information and

records re engineering, topographical,

design and cadastral survey into


Information System (ITIS);

the compilation of Acquisition Plans;

the compilation of Cadastral,

Acquisition and Sub-Division Key

Plans;

cadastral surveys for the purpose of

the sub-division of land and/or the

registration of Servitudes;

the preparation of notices and

sketches required for the declaration

and/or amendment of existing

declarations of National Roads.

23 Title Deed A legal document whereby a specific property

is registered in the name of a person/entity.

24 Vacua Possessio Vacant, free and un-encumbered possession.

25 Valuations Service

Provider

Entity appointed by SANRAL to undertake the

following works relating to the Land

Acquisition process:

Preparation of Valuations in terms of

the Valuers Profession Act 2000;

Negotiations with landowners with the

view of obtaining signed Agreements

in respect of, as well as access to

required land;

Compilation of Valuation Certificates

and memoranda to SANRAL’s Board

of Directors re compensation payable

to landowners; and


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Integration of data and records into


Information System (ITIS)

26 Wayleave

Agreement

Legal document to be entered into between

two parties relating to and specifying the

conditions pertaining to the long or short term

right to use a specific property or portion of a

property


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3 THE LEGAL ENVIRONMENT IN WHICH LAND IS ACQUIRED BY SANRAL

3.1 Ownership of Land and Rights in Land

Land and the right to use land is a very important ingredient required for the

construction, upgrading and/or maintenance of National Roads. However,

property related rights are clearly entrenched in the Constitution of the Republic

of South Africa, 1996 (Act 108 of 1996). For instance, in terms of Section 25 of

the Constitution, “…no one may be deprived of property except in terms of law of

general application, and no law may permit arbitrary deprivation of property”. The

Constitution also protects tenure rights of people on land whose tenure is

insecure due to previous discriminatory legislation [Section 25(6)]. Further laws

have also been passed by Parliament to protect these rights, vis a vis The

Extension of Security of Land Tenure Act, 1997 (Act 62 of 1997), etceteras.

Therefore, all land that must be acquired for or as a result of the construction,

upgrading or maintenance of a National Road, not only have to be acquired in

accordance with the provisions of the South African National Roads Agency

Limited and National Roads Act, 1998 (Act 7 of 1998) [the SANRAL Act], but also

the Constitution and all other applicable and relevant legislation.

In contrast to previous legislation that allowed SANRAL’s predecessors to

acquire land or the right to use land by way of expropriation, the provisions of the

SANRAL Act are such that it does not allow SANRAL to expropriate land. The

said provisions are (in fact) very specific and only provide the Minister of

Transport with the authority to (under clearly defined circumstances) expropriate

land on behalf of SANRAL. It further places a clear obligation on SANRAL to

always attempt to acquire land and the right to use land through negotiation. This,

in terms of (amongst others) the Alienation of Land Act, 1981 (Act 68 of 1981),

inter alia requires that SANRAL must always attempt and do everything in their

power to enter into written Agreements with affected landowners. This can in

itself be very a lengthy process and Project Managers and Designers must

therefore ensure that sufficient time for the acquisition of required land is always

provided for during the planning phase of any project in order to ensure that the

project is not delayed because of the required land acquisition phase.


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It is also important to note that there are many rights in and to property that also

need to be taken into consideration. These rights are mostly divided into the

following distinct categories, namely:

Real Rights, being rights that are enforceable against third parties,

including creditors of a grantor or subsequent title holders, which means

that they even survive changes in ownership of the land ;

Personal Rights, being rights that are only binding on a grantor and not any

third parties; and

Rights other than Real Rights or Personal Rights, being rights that are

enforceable against the gratuitous successors of the landowner and against

purchasers who knew of the existence of such rights when they took

ownership or transfer of the land, but which are not effective against

creditors or purchasers who did not know of their existence

3.1.1 Lease Agreements

One of the best-known examples of a “Real Right” is a Lease Agreement. The

essential features of a Lease are the following:

The Lessee is granted the rights of use and enjoyment of the leased

property, with the corresponding obligation to maintain/restore that property

to its original form as at the commencement of the lease. If the rights

conferred under a contract are wider than such use and enjoyment, that is,

they entitle the “Lessee” to destroy, appropriate or otherwise dispose of the

“leased” property thereby diminishing its original substance, then the

contract is not a Lease; and

The Lessee must pay monetary consideration (fixed or clearly

ascertainable) for his rights of use and enjoyment. The absence of this

obligation indicates a Contract of “Loan”, not a Lease.


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Several very important legal consequences flow from Leases such as:

the rights of use and enjoyment held by a Lessee in occupation of the

leased premises are (simply stated) “real”;

Long Term Leases (i.e, Leases with a duration of 10 years or more) must

also be registered against the Title Deed of the subject property in order to

ensure that these rights remain “real” over the full duration of the Lease,

failing which these rights (after 10 years and even if the Lessee remains in

occupation) will not generally be enforceable against third parties;

If the Long Term Lease is only in respect of a portion of a property, that

portion will have to be defined by survey. This entails a form of separation

of the relevant portion from the rest of the property as a Lease Diagram that

must be approved by the Surveyor-General, must be prepared in respect

thereof. Such a Lease Diagram must also meet with all the conditions

applicable to a proper Sub-divisional Diagram, as well as any conditions

imposed under applicable municipal by-laws by the responsible Local

Authority.

A registered Long Term Lease can also be hypothecated (mortgaged) in a

Deeds Registry under a Mortgage Bond as it is regarded in law as a form of

immovable property;

Common Law also secures the interests of a Lessor [i.e. a tacit hypothec

(mortgage)] in the movables located on the leased premises which become

operational when rent is overdue; and

It is also a requirement that Stamp Duties must aid on Leases.

Therefore, if land on which a Real Right exists, has to be acquired, cognizance

must be taken of the fact that the acquisition of the land may interfere with the

rights obtained in terms of a Real Right. Such a Real Right may well then either

have to form part of the acquisition, or will have to be acquired separately.


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3.1.2 Servitudes

Further examples of “Real Rights”, are Servitudes such as Right of Way

Servitudes or Servitudes in favour of providers of services such as electricity and

water. Once again, cognizance must be taken of these Rights as these

Servitudes may have to be acquired or accommodated in the Agreements to be

entered into with landowners, or may have to be acquired or otherwise

accommodated by way of separate Agreements. The possibility that it will be a

requirement that the services that are protected by these Servitudes, will have to

be relocated or re-instated during the relevant construction phase, must also be

taken cognizance of as this may well have severe financial implications.

3.1.3 Informal Rights

In an effort to rectify tenure issues as a result of past discriminatory legislation,

various Acts were (as stated above) promulgated since 1994. These Acts in

effect bestow rights (sometimes referred to as “informal rights”) on various

categories of people and are regulated by, inter alia, the Interim Protection of

Informal Land Rights Act, 1996 (Act 31 of 1996), the Extension of Security of

Tenure Act, 1997 (Act 62 of 1997) and the Land Reform (Labour Tenants) Act

1996 (Act 3 of 1996). However, for the purpose of this document the various

rights will not be discussed in detail, save to reiterate that the rights that have

been bestowed on the various groups of people, have a direct impact on the

acquisition of certain portions of land. For instance, if applicable, such people

must be included in the negotiation process and in some instances, separate

Agreements need to be entered into in order to secure or obtain these rights.

This can have a significant impact on the time period between the design phase

of a road and the obtaining of vacua possessio (vacant possession) of the land

required for construction purposes.

3.1.4 Mining and Surface Rights

Mining and Surface Rights are just as important to take note of during the design

phase of a road. In terms of the Mineral and Petroleum Resources Development

Act, 2002 (Act 28 of 2002), various entities may the holders or owners of Mining

Rights or Permits or duly registered Surface Right Permits relating to required


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land. Mining or Surface Right Permits are very complex documents and not

easily obtainable and require the assistance of specialists. Due to the complex

nature of these rights and permits, it is advisable that the Consulting Engineer

immediately contact the Land Portfolio Service Providers and Valuers if their

design traverses land within known mining areas or if they suspect that Mining

Permits and/or Surface Rights may be registered against affected properties. For

this document, these types of Rights and Permits will (due to the number of such

rights and complexities attached thereto) not be discussed in detail save to say

that specialists in these fields should be brought on board as soon as possible if it

is suspected or known that such Rights or Permits could be involved. It should

also be noted that the acquisition of such Rights can be extremely expensive and

may even outweigh the costs associated with the possible redesign and/or re-

alignment of the relevant road. It is therefore not only the time factor relating to

the acquisition of these Rights that needs to be taken into account, but also the

costs involved in the acquiring of such Rights and/or Permits.

In summary, it is important to note that during the design phase of a road, due

cognizance must be taken of all rights that may be affected by the proposed

alignment, including the possible socio-economic impact thereof on affected

people and communities. Such rights and the said possible socio-economic

impact must always be considered during the acquisition process and this may

well have serious implications in terms of monetary compensation or the outcome

of negotiations relating to Deeds of Sale or other Agreements. If such rights,

etceteras are ignored, there will be a real risk that the outcome would be a

designed road superior in terms of engineering requirements, but that it may in

reality simply be impossible to construct the designed road due to the impact

thereof on these Rights, people or communities.

3.2 Classification of the Types of Land

The various types or categories of land normally affected by a road alignment,

hold within them the unique factors that will influence the design and ultimate

construction of a road and will dictate the parameters within which a design is

confined. It is therefore also necessary to look at the various types of land that

are normally encountered during any such design.


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3.2.1 Existing Road Reserves

Existing provincial or secondary roads that are subsequently declared as National

Roads, are (in most cases) spatial defined, i.e. the road reserve boundaries

are/can be defined by co-ordinates. An example of such a declaration (i.e. a road

that was duly declared by co-ordinates), is included herein as Annexure 2:

Extract of National Road Declaration by Co-ordinates.

In such instances, the assumption can be made that the State and/or SANRAL

already holds either formal/registered ownership of the land within the road

reserve (being one of many types of ownership), or a formal right (in some

instances even a Real Right) to construct or maintain a road on such land. Where

the design of any improvements to or upgrading of such a National Road is such

that all construction work will take place within the limits of the declared road

reserve as defined by co-ordinates published in a Government or Provincial

Gazette, it can safely be assumed that no land acquisition will be required prior to

the commencement of construction works. Other administrative actions in order

to secure formal ownership of the relevant road reserve may well be required, but

this is the responsibility of other Service Providers and the Consulting Engineers

are not involved in these actions.

However, where an existing road is declared as a National Road, but such

declaration is not by co-ordinates but by way of description only, the

circumstances differ. An example of such a declaration (i.e. a National Road that

was duly declared by description only), is included herein as Annexure 3: Extract

of National Road Declaration by Description).

In instances where the declaration of the road was done either by only describing

the width thereof over the affected properties or by merely describing the route

followed by the road over the various properties affected by it, the land

acquisition is far more difficult. Normal practice dictates that in such instances

the bending points of the fences that demarcate the road reserve boundaries,

must be surveyed and that the co-ordinates obtained in this manner are to be

regarded as the points that define the proclaimed road reserve. This in itself

poses the question whether the fences were in fact erected on the appropriate


22

boundaries and whether the fences define the land that was acquired for this

purpose in the first place. The only way to determine this fairly accurately is

through an intensive Land Identification process whereby all previous records

that are available, are compared with the surveyed road reserve.

In such circumstances, all land acquisition related issues need to be handled

extremely carefully. This holds many implications for the Consulting Engineer

and may even influence design decisions. However, for the purposes of this

document, the assumption has been made that access to all land within the

surveyed fences of the road reserves, will (in all likelihood) not pose any difficulty,

but it is not necessarily safe to assume that no difficulties will be experienced in

all circumstances.

Each section or portion of the relevant road reserve over a specific property must

therefore be dealt with on its own merits. To ensure that this aspect gets the

attention it deserves and to minimize any possible negative impact, it is of crucial

importance that provision is made for as much time as possible between the

design and construction phases of a project in order to enable SANRAL’s Land

Portfolio and Survey Service Providers to source as much information as possible

to ascertain whether this assumption is in fact true in the specific instance. It is

also important to allow the SANRAL appointed Valuers more than normal

negotiation time as disputes may well arise as to what land was in fact acquired

previously and whether the fences were positioned on the relevant boundaries.

SANRAL’s Survey Service Provider is the custodian of all of its declaration data

and records. The Consulting Engineer must, therefore, always obtain the

declaration data and records relevant to the applicable route/section they will be

dealing with, from the Survey Service Provider at an early stage and must super-

impose same on their design in order to ascertain whether there are any

discrepancies between the declared road reserve and the fenced road reserve.

3.2.2 Privately owned land

“Privately owned land” refers to all land that is registered in the name of any

juristic person other than the State (i.e. private individuals, Companies, Closed

Corporations, Trusts, Municipal Councils, etceteras). From a road design

perspective, the Consulting Engineer needs to take the following into account:


23

Are there any registered or unregistered rights that may pose difficulties,

attached to the required land? This includes the rights of the registered

landowner, as well as all rights of any other party.

Are any improvements, the current or approved and/or potential land usage

or any other assets that add value to the any of the affected properties,

being affected by the relevant road’s designed alignment? The said land

use and/or improvements must be considered by the designer. If this

information is not known, a topographical survey must be undertaken and

the affected properties must be visited by the Consulting Engineer to

ascertain such information. It is important to note that (for example) if a

borehole is situated on the required land, but it is the only available water

source on the specific property, the loss thereof may well result in huge

financial implications. It may even be more cost effective to re-design/re-

align the road than to buy out the entire extent of an affected property.

Furthermore, it is very costly to acquire land utilised for certain crops (such

as trees, fruit trees, vineyards, etceteras) and if at all possible, such land

should not be affected by the road alignment. Rights pertaining to the land

usage (e.g. approved/potential township development rights, commercial

rights, etceteras), must similarly be taken into account during the alignment

of the road reserve. The approved/potential usage of land and rights that

are already in place, influences the price of the required land. For example,

during 2006, normal agricultural grazing were sold for between R1,500 and

R4,000 per hectare, vineyards for between R45,000 and R80,000 per

hectare, whilst land demarcated or used for certain developments (i.e.

township developments and/or golf and security estates, etceteras.) sold for

as much as R100,000 to R850,000 per hectare. Therefore, as the costs in

respect of the acquisition of required land can influence the financial viability

of a construction project, this aspect must always be taken into account

during the relevant design phase.

Is the landowner willing to sell the required land and if yes, will the

conditions under which he is prepared to do so, be attainable and

acceptable to SANRAL? If not, such land must be avoided as far as

possible. A typical example of a letter that was obtained from a Landowner


24

and in which the said owner confirmed that he was willing to discuss the

sale of the required land, is attached as Annexure 5E. Similar consents are

part of the documentation that must be obtained from all affected

landowners during the preparation phase in respect of the Property Report.

(This process and phase is described in more detail later on in this

Guideline Manual).

Will the remaining portion of the subject property have sufficient access

after acquisition of the required portion thereof? If not, how will access be

re-instated and will that require further acquisitions? Access should (as far

as possible and if financially justifiable) always be reinstated to those

portions of properties affected by the designed road that are cut off without

access from the rest thereof. However, the Consulting Engineer should

approach SANRAL if the costs to re-instate such access, outweighs the

costs to buy out the severed portions of the affected property. In such

circumstances, SANRAL may well decide to rather buy out the land and not

to re-instate access to the said severed land.

How will the property be divided as a result of the acquisition? It is

important to note that property can be divided and diminished in size to

such an extent that it would make the remaining portion thereof, an unviable

unit that can, in terms of the Local Authority’s by-laws, no longer be

regarded as an independent unit. Although the rule of thumb is that only

property situated within the actual road reserve should be acquired, in

certain instances property situated outside the actual road reserve can also

be bought out/acquired by SANRAL, but then only if no other or more cost

effective measures can be taken. However, the onus will always be on the

designer to convince SANRAL that no better or more cost effective

measures are available.

3.2.3 State owned land

State owned land refers to all properties that are registered in the name of or

under the control of the Republic of South Africa or any State Department,

including all un-surveyed and/or un-registered State owned land (that is

commonly known as Un-alienated State owned land) which will be discussed in

more detail under paragraphs 3.2.3.1 and 3.2.3.2 below.


25

3.2.3.1 State owned land under control of the Department of Public Works

The acquisition of this type of property holds within itself various problems, the

most common being that such land cannot be alienated by the State without

going through a very lengthy approval procedure. This usually results in a delay

in concluding the acquisition of all required land and can hold up construction. A

further problem is that the Department of Public Works (who is usually the

custodian of land on behalf of the State) do not always know who the User

Department of such land is due to various legacies of the past. This causes

delays as the User Department firstly needs to be established whereafter their

approval must be obtained before the approval process can be finalized. The

process can take up to a year or even longer to finalise. Designers are well

advised to be mindful of this and to avoid this type of land if at all possible.

In terms of the Constitution of the Republic of South Africa, 1996 (Act 108 of

1996), all State owned land has to be “vested” (i.e. to confer the right of

ownership) in a specific State Department or Organ of State before it can be

alienated. This is a lengthy procedure undertaken by the various Regional Land

Disposal Committees and includes a requirement that the Minister of the

Department of Land Affairs must sign what is commonly known as an Item 28(1)

Certificate in order to give effect to such a vesting. Where such vesting has not

taken place, the required process must be undertaken before a decision or

approval can be made as to the alienation of the required portion thereof. This is

an extremely lengthy process, especially where the land in question is still un-

surveyed and/or un-registered State owned land (such as many properties under

the control of the Department of Water Affairs and Forestry). This can obviously

impact negatively on the delivery of vacant posession of a required construction

site to an appointed Contractor.

The current or earmarked use of State owned land must also be taken into

account, especially as projects initiated by Government in the interest of the

public good and/or to give fruition to legislation or Government set goals, could

negatively impact on the availability of such land for road building purposes. In

this instance, specific care should be taken where land is used or earmarked for

(amongst others) the following:


26

Land Reform, including Land Reform for Agricultural Development (LRAD)

Housing or School projects

Defence or Police Services

Research (including land belonging to the Agricultural Research Council)

On very rare occasions, roads traverse riparian reserves or land that is regulated

in terms of the provisions of the Sea-shore Act (No. 21 of 1935). In terms of the

last-mentioned Act, the sea-shore is defined as the water and land between the

low-water mark and the high-water mark and can include tidal lagoons and tidal

rivers in which a rise and fall of the water levels takes place as a result of the

action of tides. However, any portion of the sea and sea-shore that was alienated

before the commencement of this Act (i.e. 10 April 1935), shall be deemed to

have been lawfully alienated and will, therefore, not fall under the provisions of

this Act.

The said Act had as its main purpose, the following goals:

To declare the State President to be the owner of the sea-shore and the

sea within the territorial waters of the Republic;

To provide for the granting of rights in respect of the sea-shore and the sea;

and

for matters incidental to the afore-mentioned.

The provisions of the Sea-shore Act deal specifically with the leasing of portions

of the sea and sea-shore, the sale or donation of any portion of the sea or sea-

shore to a Local Authority, the use of any portion of the sea or sea-shore for

government purposes and the promulgation of regulations concerning the control

and use of the sea and the sea-shore. It is however a very involved and difficult

process to obtain ownership of such land. As far as possible, designers should

avoid land affected by this legislation.


27

3.2.3.2 State owned land under the control of the Department of Land Affairs and/or Tribal Authorities

Various tracts of land are either held by the State or are under the control of the

Department of Land Affairs as, in terms of the Constitution of South Africa, the

Minister of Land Affairs is the custodian of the land on behalf of (inter alia)

various Tribal Authorities. Most of these properties are within former Homelands

and are linked to Chieftainship boundaries to which no property rights are or were

ever linked. In the interim, an apartheid era titling approach called the Permission

to Occupy (PTO), is still being used in these areas. However, except in the

Province of KwaZulu-Natal, this system has no legal foundation.

Because of the many difficulties associated with the delivering of freehold titles,

many people in the former Homelands are still using and relying on PTO’s.

Furthermore and as was stated before, various Acts which have given recognition

to so-called Informal Rights over land, have also been introduced since 1994.

This legislation includes the Extension of Security of Tenure Act, 1997 (Act 62 of

1997), the Land Reform (Labour Tenants) Act, 1996 (Act 3 of 1996) and the

Interim Protection of Informal Land Rights Act, 1996 (Act 31 of 1996).

However, in a number of urban areas, apartheid type titles have not yet been

upgraded, either because of administrative problems (underlying titles have to be

cleaned up), or because of planning problems (as-built plans do not conform to

the applicable planning norms), or because people simply prefer not to be

granted full free hold title as the Banks cannot foreclose on their properties

currently held under so-called R293 title.

In some cases, formal ownership of unregistered State owned land is registered

in terms of Certificates of Registered State Title (CRST). Such titles are mostly

registered in order to facilitate the parcelling or further sub-division of such land,

or to facilitate the land management and/or spatial information management of

such land. That is, no new rights and no existing rights (i.e. neither those of the

State, nor those of the owners or occupants) are registered or altered through the

issuing of CRST’s. The process does, however, involve the undertaking of full

cadastral survey to freehold accuracies, as well as the formal registration by the

State Attorney of Title Deeds in the relevant Deeds Registry.


28

As indicated above, this process has special relevance in respect of un-alienated

State owned land, but it is also applied in respect of land that was previously held

by or under the control of the former Homeland Governments and/or the former

South African Development Trust and which land is now under the control of the

Department of Land Affairs. The reasons for the issuing of CRST’s are mainly

related to the complexities associated with and lack of legal clarity regarding

overlapping laws (especially at the procedural level) and general legal confusion

prevailing in these areas.

Designers should therefore (as far as possible) avoid include such land as part of

their design. However, it is often inevitable that such land must be required. In

such instances, the Designers should pre-warn SANRAL to set measures in

place to acquire such land. Furthermore, where such land is affected or required,

Designers should ensure that their design proposals are available well in

advance in order to allow for sufficient time in which the various legally required

meetings can be held with the representatives of the Department of Land Affairs,

the Traditional Leaders, the Tribal Authorities, as well as the affected

Communities and people.

Provided sufficient cadastral information, etceteras are available, the legally

prescribed procedures to be followed in order to acquire portions of such land,

takes at least 12 (twelve) to 18 (eighteen) months to get through. Acquiring this

type of land can therefore seriously hamper construction works as vacant

possession thereof cannot be given or guaranteed before all the required and

prescribed formalities have not been concluded.

3.2.3.3 Land under the control of or registered in the name of Transnet and the SARCC

Where required land belongs to either Transnet or the South African Rail

Commuter Corporation (SARCC), a somewhat different scenario arises. The

acquisition of this type of land depends largely on two factors, namely who was

first (i.e. the rail or the road) and where bridges are involved, who occupies the

actual surface of the land?


29

If the railway line was first and/or is occupying the surface of the land, ownership

of such land can not be acquired and a Wayleave or Bridge Agreement will have

to be entered into between SANRAL and the relevant Rail Authority. Where a

Bridge Agreement needs to be negotiated, SANRAL (or the designer if so

appointed by SANRAL) will be responsible for the negotiations with the Rail

Authority and not the Land Portfolio Service Provider or the Valuers. If a

Wayleave Agreement is required, the designer must negotiate the specific

Agreement and the conditions relating to the rail crossing with either Transnet or

the SARCC, but SANRAL will sign the Agreement.

If the road was first and/or is occupying the surface of the land in question,

ownership of the land can be obtained, but the same approach relating to Bridge

Agreements as mentioned above, needs to be followed. The only difference will

be that SANRAL will then be the grantor of the Agreement to the Rail Authority.

Of importance to the designer, is that any design involving railroads, must be

done in conjunction with and collaboration of the relevant Rail Authority.

3.2.3.4 Land under the control of or registered in the name of the Ingonyama Trust

A few days prior to South Africa’s first democratic election, the majority of the

former State owned land in the Province of KwaZulu-Natal, i.e. the surface area

of the former Homeland of KwaZulu, officially became the property of the King of

the Zulus. All this land is covered by customary tenure and Chieftainships. The

State previously worked closely with the King of the Zulus in managing this land,

but following the promulgation of The Ingonyama Trust Act, the Ingonyama Trust

Board was created to take over this task.

Similar to all un-alienated State owned land in the rest of the former Homelands,

the available records and spatial information in respect of the land transferred to

the Ingonyama Trust, were fairly limited. Therefore, the first step to the

successful managing of the land in question was to commence with the creation

of a property data base and a plan on which all the relevant chieftainships, as

well as the State Domestic Assets (which had to be excised from the King’s land)

could be mapped.


30

At the top of the hierarchy is the Ingonyama (King) and under him are the

Traditional Authorities with their respective proclaimed or as yet un-proclaimed

areas of jurisdiction. Within these areas of jurisdiction, some land are utilised by

and controlled by Tribes, whilst other land parcels are owned by individuals under

freehold title. These individual freehold owners can choose whether or not they

wish their land to be included in the Traditional Authority’s area of jurisdiction, or

the residents of such freehold areas can also choose to create a Community

Authority Area rather than being subjected to the jurisdiction of a Traditional

Authority. This Community Authority Area is effectively the same as a Communal

Property Association.

The Ingonyama Trust resolved to (as a first step) register Certificates of

Registered Title (CRT’s) in respect of each Traditional Authority’s area of

jurisdiction and/or each property within such an area of jurisdiction. A CRT

consists of a cadastral survey and a formal registration of land in the office of the

Registrar of Deeds, but it does not necessarily affect any rights of the occupants

of the land (e.g. freehold land will remain freehold).

Consulting Engineers are advised to as soon as possible, seek expert advice on

how best to deal with such land. Either the Land Portfolio Service Providers or

other experts should be requested by the Consulting Engineer to advise how best

to address the circumstances that are specific to the relevant land that is affected

by the road’s design.

3.2.3.5 State Domestic Land Assets within the former Homelands

In the 87 percent of South Africa that was not part of the former Homelands, most

State Domestic Land Assets were registered in the name of the RSA and were

being managed by the National or Provincial Departments of Public Works.

However, this was not done in the former Homelands and there are tens of

thousands of State Domestic Land Assets in these areas for which there is no

spatial information. Under the new dispensation, Departments with facilities

located in the former Homelands, are accountable for the facilities in these areas,

but the land on which these facilities are located, still need to be registered as

part of the State Assets of either the National or applicable Provincial Department

of Public Works. The Department responsible for the facility will simultaneously


31

be named in the relevant Title Deed. Until such time this has been done, delays

may be experienced in acquiring portions of such land and Consulting Engineers

are advised to, if possible, rather steer clear of such land. If it is inevitable,

Consulting Engineers should liaise as soon as possible with the Land Portfolio

Service Providers and is advised to allow sufficient time to enable SANRAL to

secure ownership of or access to such land.

3.2.3.6 Land held under Quitrent Title

A Quitrent Title is a form of title granted to an individual and is closely

comparable to a Freehold Title. These types of “land allocations” were originally

introduced in the Cape by the Glen Grey Act and were later extended to the

former Transkei. Before 1969, the granting of Quitrent was confined to surveyed

areas within some Districts in the former Ciskei and Transkei. It is an extremely

strong and secure form of tenure. Under the Glen Grey Act, land was surveyed

into small plots that were allotted to individuals under quitrent title. The allotment

usually involves the payment of an annual quitrent fee. Dominium (or ownership)

of the allotted land remains with the State as such land can not be transferred,

mortgaged, leased, sub-let or disposed of without the approval of the Secretary

for Local Government and Land Tenure. Government also retains the right to use

the land for State Domestic and Public purposes. The law relating to Quitrent

Titles is fairly complicated, but in essence, Quitrent Titles were granted to

individuals in terms of Proclamations 227 of 1898, 16 of 1905 and 196 of 1920. In

certain instances, the conditions subject to which the Quitrent Titles were

granted, were not complied with and full ownership of the land was accordingly

forfeited back to the State.

This system was later replaced by the promulgation of Proclamation R188 of

1969 by virtue of which Quitrent as a form of tenure, was retained. It recognised

existing grants, but introduced a range of conditions, e.g. land could be sold

subject to approval being obtained and also introduced permissions to occupy.

Under this Proclamation, Quitrent Title was usually issued for residential sites

(0.43 ha) and arable allotments (3.43 ha). However, rights holders were not given

formal Title Deeds such as those applicable to surveyed land that are registered

in the Deeds Registration system. The grants were mostly in respect of un-

surveyed and un-alienated State owned land within the former Transkei and

Ciskei.


32

The afore-mentioned informal land rights are, however, protected in a number of

ways, the most notable being by the provisions of the Interim Protection of

Informal Land Rights Act, 1996 (Act 31 of 1996) and the responsibilities it has

imposed on the Minister of Land Affairs, who is the legal Trustee of such land. In

spite of this protection, however, the effects of unregistered land rights that are

held outside both the cadastre and the registry systems, are fairly detrimental in

that land development is constrained in a number of ways and exacerbated by a

number of factors. All rights held under Quitrent Titles were therefore upgraded

to full ownership rights in terms of the Upgrading of Land Tenure Rights Act,

1991 (Act 112 of 1991).

Please note that delays may be experienced in acquiring this type of land and

Consulting Engineers are advised to, if possible, rather steer clear of such land.

If it is inevitable, Consulting Engineers should liaise as soon as possible with the

Land Portfolio Service Providers and is advised to allow sufficient time to enable

SANRAL to secure ownership of or access to such land.


33

4 LAND REQUIREMENTS OF SANRAL

SANRAL usually required land for the following purposes:

4.1 Road Reserve

Land required for road reserve purposes include all those parcels of land that will

fall within the boundaries of a declared National Road and will (after construction)

represent all the land taken up by the actual road pavement, verge breaks,

shoulders, median and any other land situated within the road reserve. Full

ownership of such land must be obtained, i.e. it must be acquired by way of a

signed Agreement entered into between the landowner and SANRAL or by way

of formal expropriation, it must be surveyed and sub-divided and must ultimately

be transferred into the name of SANRAL.

In the event of a design being done on an existing road, it is also important to

note that the actual road reserve of the existing road may be defined by way of a

declaration and not necessarily by the fences that are in place. It is therefore of

the utmost importance that Consulting Engineers must obtain the relevant

declaration data from SANRAL’s Survey Service Provider in order to determine

which portions of the land affected by the design, fall within the existing declared

road reserve and which portions fall outside of the declared road reserve and will

have to be acquired prior to commencement of construction.

4.2 Access Roads

Access management is aimed at maintaining an effective and efficient

transportation system for the movement of people and goods, simultaneously

supporting the development of the adjacent land use. Increasingly intensive land

usage generally leads to demand for improved road infrastructure and the

improved infrastructure makes access to it very attractive. Allowing access

simply on the basis of it meeting some or other minimum geometric requirement,

results in increasing traffic conflicts and reduction in capacity so that the benefit

of the original road improvement is lost. This then leads to demands for further

road improvements.


34

It logically follows that the Consulting Engineer should, at the outset of the design

process, clarify the manner in which the access management should be addressed

along the portion of National Road affected by the construction / rehabilitation

project. It is also important to note that National Roads are generally declared

having either a limited access statutory status or prohibiting any direct access.

Therefore, details of the access status relating to the relevant road, need to be

procured from SANRAL.

It must be noted that the only way to safeguard access roads, as well as to

safeguard landowners’ rights to access, is either by way of obtaining and

registering access road servitudes over the affected portions, or having new

access roads officially declared as such by the relevant Provincial Administration.

Access road servitudes (or the lack thereof) also affect the value of property and

hold certain legal implications should the access not be registered against the Title

Deed of the affected property. Access roads are thus not merely the “provision of

access”, but hold within themselves, legal consequences that need to be taken into

account during the design phase. For the Consulting Engineer, it is critical to

ascertain the legal consequences when designing such access roads and the

following must always be taken into account:

The current status and use of an existing access road (i.e. is it for public

use or does it only provide access to a specific property or properties?).

The legal status of an existing access road ( i.e. is it a registered servitude

of right of way or was it declared as a road by a competent Roads Authority,

has SANRAL provided statutory consent for the establishment and if so,

were specific conditions imposed in respect thereof, or it just an internal

road on a property). In any event, before redesigning or designing new

access roads, the Consulting Engineer must discuss and get the necessary

approval or buy-in from the relevant competent Authorities (including all

servitude owners). Such approvals must be provided to SANRAL to include

in their acquisition process.

Cognisance must also be taken of the acquisition implications when

designing new or re-aligned access roads. As an example, an Access Road

traversing the only borehole on a farm, might have significant compensation

implications which could be easily mitigated by re-aligning an access road.


35

Furthermore, if existing servitudes are to be re-aligned, the servitude

owners’ consent must be obtained as a Real Right will be infringed upon

and this may also hold significant compensation implications. In closing

access roads1 and moving such access points as a result of safety issues,

the landowner is also entitled to compensation and real financial losses, the

quantum of which must be ascertained and taken into account during the

design phase. This amount must be determined by the SANRAL appointed

Valuers.

Based on the particular use of an access road, it can be categorised in the

following three types of acquisition:

4.2.1 Access Roads acquired by Long Term Wayleave Agreement

The right to use land on a permanent basis for the purposes of access roads, are

acquired by way of entering into Long Term Wayleave Agreements with the

owners of all affected properties. The termination date of such Agreements shall

be the date on which a Notarial Servitude of Right-of-way is registered over the

affected property or a road is formally declared, or an existing declaration of a

road is amended in terms of existing legislation in such a manner that the

affected land becomes part of a declared road network.

Typical examples of access roads that will be acquired in this manner, are -

collector/feeder roads required as part of an access management plan to

reduce a large number of direct accesses onto the national road;

land required for the realignment of existing provincial / municipal roads;

land required for the provision of revised access to a property (Property A)

over another property (Property B). In such instances a Notarial Servitude

of Right-of-way in favour of Property A, will be registered against the Title

Deed of Property B.

It serves that in these cases SANRAL will remain responsible for the

maintenance on these access roads until such time that either a Notarial

Servitude of Right-of-way is registered, or such access road is declared as a

provincial / municipal road. It is thus imperative that the Consulting Engineer


36

must discuss and get the necessary approval from any competent authority

(including servitude owners) before redesigning or designing access roads which

need to be acquired in this manner. Such approvals must be provided to

SANRAL to assist during their acquisition process.

4.2.2 Access Roads acquired by way of Short Term Wayleave Agreement

The right to use land on a temporary basis for the purposes of access roads, are

acquired by way of entering into Short Term Wayleave Agreements with the

owners of all affected properties. Both the start and termination date to be

included in such Agreements, shall be specified by the Consulting Engineer.

Typical examples of access roads that will be acquired in this manner, are-

temporary deviations;

access roads to Borrow Pits, Spoil Areas, Contractor’s Camp Sites,

etceteras;

access roads to be compensated for in terms of Section 53 of the SANRAL

Act (i.e. loss payments only).

The right to use land that is acquired in this manner relates primarily to cases

where (for example) an access to a national road has to be relocated for one

reason or the other and the internal road reticulation on the farm need to be re-

aligned in order to link the internal road network with the new access position. It

is important to note that whilst the cost for the actual construction of the internal

roads can be covered as part of the construction cost on the project, the

landowner is still legally entitled to a direct financial loss as a result of the loss of

land suffered as a result of the re-alignment of such internal roads. It thus serves

that a design for such internal roads, needs to be provided in order to assess and

determine the direct financial loss of this realignment.


37

4.3 Borrow Pits and Quarries

Several types of road building material are required and/or utilised for

construction purposes. Possible sources of such material are identified by way of

geotechnical investigations. The available or required quantity of a specific

material type, will determine the extent and/or area of the relevant property in

respect of which the right to use the land, need to be acquired. Full ownership of

land required for borrow pit purposes, is very rarely taken for a myriad of reasons,

but the full legal implications thereof will not be discussed in this document. In

most cases, only an Agreement whereby SANRAL only obtains the right to use

the land for a pre-determined period, will be entered into between the landowner

and SANRAL. However, the negotiations relating to the obtaining of the right to

use such land, are similar to the methods used for acquiring land in respect of

which full title will ultimately be taken, i.e. the compensation payable will still be

calculated by determining the full market value of the affected land, as well as

any real financial losses that will be suffered by the owner as a result of the

SANRAL using the said portions.

Please note that the provisions of the Mineral and Petroleum Resources

Development Act, 2002 (Act 28 of 2002) have to be adhered to when land is to

be utilised for a borrow pit or quarry. For example, in some cases a full EIA may

be required before a borrow pit can be opened, whilst it may not be required in

other cases. Act 28 of 2002 also requires that the size of the Borrow Pit or

Quarry must be taken into account. It is advisable that Consulting Engineers

familiarize themselves with the contents of this Act and apply the provisions and

requirements of this Act when identifying land required for Borrow Pits and

Quarries.

Please note that the compliance with the requirements of Act 28 of 2002 is not

the responsibility of the Service Providers involved in the acquisition process.

Depending on the contents of contract entered into between SANRAL and the

Consulting Engineer or Contractor, it forms part of the responsibilities of either

the Design Engineer or the Construction Contractor. It therefore follows that

approvals and permits required for Borrow Pits, Quarries, etceteras, will not be

sourced by the Land Portfolio Service Providers, Survey Service Providers and/or

the Valuers.


38

In respect of the compensation payable for the right to use land for Borrow Pit

and/or Quarry purposes, two basic scenarios are evident:

Firstly, in terms of Act 28 of 2002, the control of all minerals has been

reserved by the State. This means that a landowner is not entitled to the

minerals on his land, nor can a landowner sell such minerals. The

compensation for the right to use land for these purposes, is therefore

based on the actual market value of the portion of land that is required for

the establishment of the borrow pit or quarry, as well as the real financial

losses the owner may suffer as a result of the establishment of the Borrow

Pit or Quarry. Therefore, under normal circumstances the said

compensation can not be based on the amount of material to be removed

from the required land.

The second scenario relates to the few instances where a landowner or

other Rights Holder is in possession of the required mining permits as

contemplated in Act 28 of 2002. In such instances, depending on the type

of permit, a landowner or the holder of the permit is entitled to be

compensated in respect of the volume of material to be excavated. The

costs of commercial sources versus the cost to pay compensation for the

loss of minerals, as well as the costs relating to the excavation of the

required material, therefore need to be compared before a decision is taken

to proceed with the acquisition of the right to use the land on which

approved rights are in place. It is logical that certain minerals might be

more expensive than others and the Consulting Engineers should therefore

familiarize themselves with any permits in respect of minerals on a specific

property and take such information into account when designing and

sourcing materials. Please note that the determining of the value of the

material is a very complicated issue as a myriad of variables are involved.

It is thus of the utmost importance that the SANRAL appointed Valuers

must be involved to determine the value of the compensation payable for

such minerals or rights, at an early stage in order to make an informed

decision on the way forward.


39

4.4 Stockpile Areas and Temporary Deviations

Stockpile areas and temporary deviations are required in most instances where

national roads are constructed and/or upgraded. The land affected by such

deviations or stockpile areas, are not required permanently as the use thereof is

only temporary in nature. However, the Consulting Engineer must ensure that all

possible compensation implications are taken into account. Again, full ownership

is not taken of Stockpile Areas and Temporary Deviations and only an Agreement

to use the land for a specified time period, will be entered into with the landowner.

The negotiations to obtain the right to use such land, are similar to acquiring land

for which full title will be taken, i.e. the compensation will represent the full market

value of the land, as well as compensation based on the real financial losses that

may be suffered by the landowner as a result of the SANRAL utilising the

required land. The rehabilitation of the required areas is also of critical

importance to both the landowners and the Department of Environmental Affairs

and the Consulting Engineer must also devise a plan of action in this regard

during the planning phase.


40

5 THE LAND ACQUISITION PROCESS The Land Acquisition process can be divided into thirteen distinct processes

briefly described hereunder in broad categories. In order to understand the flow

of required information, as well as the responsibilities of all the parties involved,

your attention is invited to the contents of the full flow chart attached hereto as

Annexure 1.

It is imperative that the process set out hereunder, are read in conjunction with

the flow chart. Kindly take note that during each process, problems may arise

that can result in the entire acquisition process having to start afresh, or require

an action to be re-done. The thirteen processes referred to above, are -

SAP PROJECT REGISTRATION

DESIGN TOPOGRAPHICAL SURVEY

CADASTRAL KEYPLAN

PRELIM ENGINEERING DESIGN

LAND ACQUISITION KEYPLAN

PROPERTY DATA SOURCING

ACQUISITION PLAN

PROPERTY REPORT

FINAL ENGINEERING DESIGN

ACQUISITION DOCUMENTATION

ACQUISITION NEGOTIATIONS

SUB-DIVISION OF LAND

CONVEYANCING


41

5.1 SAP Project Registration Summary of Activities

Undertaken By: SANRAL Project Manager

Predecessor Activities SANRAL Project Identification;

SANRAL Project Budget Approval Primary Output of Activity SAP Registration of Project

Project Programme Tender Documentation, Advertisement and

Award of Consulting Engineer’s Tender. Land Acquisition Introduction Meeting Submission of Form LA1 Capturing the Project on the LAC

Programme Estimated Duration of Activity 3 – 6 Months

The Land Acquisition Process theoretically starts the moment a construction,

upgrading, rehabilitation or maintenance project is registered on SANRAL’s SAP

Project Register. This registration provides each project with a unique number

against which an approved budget is allocated. Whilst the exact (if any ) extent

of the land acquisition requirements may well be unknown at this stage, the

registration of the project on the LAC Programme will align the efforts and

resources of the various Service Providers involved in the land acquisition

process, well in advance. Please note that no land acquisition can be done if a

project is not registered in SAP and a budget is allocated against such project.

The registration of a project in SAP facilitates the letting and award of the Design,

Tender Documentation and Supervision Tender to an Engineering Consulting

Engineer.

Once the Consulting Engineer has been appointed, it is advisable to have an

introductory meeting between the Service Providers involved with the land

acquisition process and the Consulting Engineer in order to introduce the project

programme, the intended scope of work and possible issues regarding land

acquisition. The SANRAL Project Manager must complete and submit Form LA1

(see Annexure 6C) to all the Service Providers involved in the Land Acquisition

process.


42

This submission will also facilitate the registration of the project on SANRAL’s

ITIS integrated Land Acquisition Co-ordination Programme (LAC programme) in

which the project is programmed against various deadlines whereby certain work

must be finalized by the Service Providers. For the purposes of the said

programming on the LAC programme, the following three (3) dates are most

critical:

The date the design will be finalized: This date fundamentally triggers the

processes involving the preparation of all documentation and diagrams

required in order to attend to the acquisition of the required land and right to

use land.

The Construction Tender Advertisement Date: This date forms the basis on

which all programming for the various Service Providers are based. Please

note that SANRAL will not allow the construction contract to be advertised

until access to a substantial portion of the required site has been procured

and the delivering of access to the outstanding cases will, beyond any

doubt, be dealt with during the tender period

The Construction Start Date:. Determines the date by which access to the

entire site (or all required portions of the affected properties) must be

provided.

It follows that should any-one become aware of change to the above dates during

the design process, it must be communicated to all the Service Providers

involved in the Land Acquisition Process in order to enable them to adjust their

respective programs accordingly.


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5.2 Design Topographical Survey

Summary of Activity Undertaken By: External Surveyors appointed by SANRAL Predecessor Activities Appointment of Consulting Engineers for

Design; Prelim Design Scope of Work –

Identification of Topographical Survey requirement;

SAP registration of Project. Primary Output of Activity Tender Documentation, Advertisement and

Award of Survey Tender; Execution of Photogrammetric and/or

Topographical strip surveys; Request for the compilation of a Cadastral

Key Plan Integration of Survey data and records into

SANRAL’s GIS (ITIS) Estimated Duration of Activity

8 – 12 weeks, depending on scope of survey work

Topographical surveys are commissioned by the Consulting Engineer or

SANRAL in accordance with SANRAL’s protocols for engineering, topographical

and photogrammetric surveys. They are required to accurately determine the

original ground line and to produce a comprehensive topographical strip survey of

the affected area. The survey data and plans are used to derive accurate

horizontal and vertical alignments for design purposes and to quantify

construction volumes. During this process, SANRAL’s Survey Service Provider is

instructed to compile a Cadastral Key Plan which is superimposed onto the

topographical strip survey. Upon completion of the design topographical survey,

SANRAL’s Survey Service Provider is responsible for the integration thereof into

SANRAL’s Integrated Transport Information System (ITIS).

It is important to note that adherence to SANRAL’s protocols for engineering,

topographical and photogrammetric surveys, together with the use of SANRAL’s

Pro-forma Survey Tender Documentation, will facilitate the request by SANRAL

to the Survey Service Provider for the compilation of the required Cadastral Key

Plan. Failure to do so will result in the Cadastral Key Plan being compiled

months later and this can delay the entire land acquisition process.


44

The generation of digital Orthophotos, being one of the products of the design

survey, provides the following advantages to the land acquisition process:

It informs the Consulting Engineer and all Service Providers involved in the

Land Acquisition Process of improvements, developments, land use and

land development potential on a much larger area than a topographical strip

survey (which is usually only done in respect of the area within the road

reserve). This is particularly advantageous when consideration the design

criteria and the determination of land value during the valuation process;

It enables the pro-active identification of potential delays/costly acquisitions

or potential “show-stoppers” fairly early during the design process;

It provides a date stamp on land use, improvements and developments,

which may sometimes become critical during acquisition negotiations; and

It facilitates ease of communication between all role players (including

landowners) due to its user-friendly presentation of the surveyed data.

It is further useful to note that the design survey will be let out on tender, which

will result in a different survey entity undertaking this survey work and not

SANRAL’s Survey Service Provider.

5.2.1 Borrow Pit and/or Quarry Surveys

The execution of the photogrammetric and/or topographical strip surveys for

design purposes, is influenced by the approval of the pavement design, the

identification of potential sources of material and the subsequent material tests

that have to be undertaken. For this purpose provision has been made in

SANRAL’s pro-forma survey tender documentation to have the appointed Survey

Service Provider execute a topographical survey of all identified borrow pit and/or

quarry areas. Further provision has been made to have the external survey entity

stake the boundaries of the borrow pit or quarry after the exact boundaries of

such areas have been determined after due cognisance have been taken of the

volume of required material, haul distances and the availability of the quantities of

material at each of the sources.


45

The SANRAL Project Manager and Consulting Engineer must exercise due

diligence to ensure that the borrow pits and/or quarries are identified as early as

possible in the design process in order to minimise the possibilities of

encountering delays related to the obtaining of access to site.


46

5.3 Cadastral Key Plan

Summary of Activity

Undertaken By: SANRAL’s Survey Service Provider

Predecessor Activities Commissioning the photogrammetric and/or

topographical strip surveys for design purposes;

Identification of potential material sources Primary Output of Activity Cadastral Key Plan in respect of a 400 meter

wide strip along the affected route’s centre line;

Cadastral Key Plan in respect of the potential sites for obtaining material sources, spoil areas etceteras;

Integration of Cadastral Key Plan into SANRAL’s GIS (ITIS)

Estimated Duration of Activity

2 - 8 weeks, depending on the number of properties affected by the project.

Qualifications This process is primarily dependant on the

performance of the Surveyor General’s respective offices. It is Government’s objective to decentralise the functions of the Surveyor General into each of the Provinces.

Following the commissioning of the design topographical survey, a Cadastral Key

Plan showing the cadastral boundaries of all of the affected properties, can be

prepared. The Cadastral Key Plan is prepared by SANRAL’s Survey Service

Provider. This process involves the sourcing of SG Diagrams and General Plans

from the respective Surveyor General’s Offices in South Africa and the

reconstruction of the cadastral boundaries of the road to an accurately calculated

uniform projection (WGS84), covering a 400 meter wide strip along the affected

route (Refer TMH 11 Survey Specifications).

The Cadastral Key Plan forms the basis from which the land acquisition

requirements are determined and from which the subsequent process of sub-

division actually departs. SANRAL’s Survey Service Provider is contractually

liable for the accuracy of the cadastral data as the digital cadastral data sets

currently provided by the Surveyor General, unfortunately do not conform to the

uniform accuracy standards required in this process and can therefore not be

used. This may, however, change in future.


47

Cadastral Key Plans are not only required in respect of the affected route, i.e. all

properties within and adjoining the designed road reserve from the construction

start point to the termination point of the construction, but also in respect of all

sites identified for borrow pits and quarries, spoil areas and temporary deviations

if they are located outside the coverage of the original Cadastral Key Plan. For

this purpose it is essential that the Consulting Engineer provides SANRAL’s

Survey Service Provider with an appropriate indication of the location of such

borrow pits, quarries, spoil areas, etceteras. This can be done on a 1:50 000

Topo-Cadastral Map, provided that the co-ordinate grid values are retained if

done in digital format.

Illustration 5.3.1: An example of/extract from a Cadastral Key Plan.


48

5.4 Preliminary Engineering Design

Summary of Activity Undertaken By: Consulting Engineer Predecessor Activities Photogrammetric and/or topographical strip

surveys for design purposes; Cadastral Key Plan;

Primary Output of Activity Procure co-ordinates of National Road

Declaration from SANRAL’s Survey Service Provider;

Property Report Prelim Design Report Submission of prelim data to SANRAL’s

Survey Service Provider to facilitate the compilation of the Acquisition Key Plan.


1 - 4 months, depending on the scope of work of the specific project

Qualifications The compilation of a Property Report in conjunction

with SANRAL’s Land Portfolio Service Provider and Valuers is an output of this process which informs the approval of the design by SANRAL. However, for the sake of clarity, the Property Report is discussed as a separate process under paragraph 5.5 of this Guideline Manual.

The design is the most important element governing the entire land acquisition

process and any change thereto or oversight therein, can delay all the processes

down the line. A change in design has the effect that work has to be re-done with

subsequent financial losses to SANRAL and its other Service Providers.

In order to shortening the period required to address all facets of the acquisition

process, certain tasks can be dealt with in parallel. For instance, it will be useful if

the Consulting Engineer submit a preliminary design to both the Survey and Land

Portfolio Service Providers in order to enable them to simultaneously start with

the sourcing of different types of property information. However, this does not

mean that the design process can take longer to complete. The final design might

affect further properties for which the period in which to source the required

property information can again compromise the meeting of the allotted deadlines.

Borrow Pits can be indicated on a 1:50 000 map to enable the sourcing of the

required property information.


49

It is imperative that consideration be given to the following aspects during the

design process in order to eliminate the need to address them later on during

negotiations with the affected landowners:

5.4.1 Submission of Preliminary Data to SANRAL’s Survey Service Provider

Upon the identification of any land acquisition requirement (road reserve, borrow

pits, quarries, stockpile areas, access roads1 or temporary deviations), it is

imperative to submit the data as soon as possible in the correct format to

SANRAL’s Survey Service Provider in order to facilitate the compilation of the

Land Acquisition Key Plan. Timely submission of this data allows all other

Service Providers to start their work on time. The data that must be submitted to

SANRAL’s Survey Service Provider, must be submitted in accordance with the

specifications stipulated under item 5.6.1 below.

5.4.2 Road Reserve

The areas required for additional road reserve purposes, constitute permanent

land acquisitions and will ultimately be sub-divided from the parent properties and

will be formally transferred into the name of SANRAL. It follows that any

improvements, services, infrastructure, development and registered or

unregistered rights within the said areas, will (either temporarily or permanently)

have to be re-instated, relocated or compensated for.

It is therefore imperative that the Consulting Engineers must supply sufficient

data that indicate both the existing road reserve, as well as the proposed

widening of the existing road reserves. This information is critical for the

preparation of acquisition documentation as the existing road reserve will serve

as the basis, not only for determining compensation, but also for the method of

transferring the affected portions of the relevant properties into the name of

SANRAL and to satisfy the appropriate requirements of the Deeds Registry Act.


50

5.4.2.1 Definition of the Existing Road Reserve

The road reserves of national roads are defined by declarations based on either

co-ordinates or description. The latter is particularly applicable to those portions

of the provincial road network that was incorporated by SANRAL as part of the

Primary Road Network. SANRAL’s Survey Service Provider has been appointed

to maintain and update the national road declarations. The Consulting Engineer

must obtain the relevant declaration/s of the affected route from SANRAL’s

Survey Service Provider.

In the case of a declaration by description, the rule of thumb is that the existing

fence lines defines the existing road reserve boundary, but due cognisance must

also be taken of the cadastral boundaries and the published width of the

proclaimed road reserve. However, if there are no existing fences or no indication

of where the fences had been erected, the definition of the road reserve shall be

determined in collaboration with SANRAL’s Survey Service Provider.

During the incorporation of certain provincial roads into the Primary Road

Network, SANRAL did not always incorporate the sections of those roads that go

through towns. The start and end points before and after towns are commonly

referred to as terminal points of the national road declaration. Detailed

information regarding the relevant terminal points, can also be obtained from


5.4.3 Access Roads

Right at the start of the design process, the Consulting Engineer must clarify the

terms of its appointment with regard to access management on the specific

section of road. The design process must be integrated with the statutory

classification and management of any access to and from a National Road and

thus, the following must always be considered during the design phase:

Route Access Classification: National roads are declared with a limited or

restricted access status, or with a status that prohibit all access to and

egress from the road. A change in this status may necessitate the revision

of the design in order to provide for under or over passes to cater for

livestock or implements crossing from one side to the other side of the road.


51

Statutory Access Use Classification: Based on the specific use, access

roads are classified into four major categories, being (i) access onto a

Public Road (i.e. a declared Provincial or Municipal Road), or in the case of

a private use access, (ii) a Business Access, (iii) a Farm Access and (iv) a

Camp Access. Each of the afore-mentioned types of accesses has different

geometric design standards relating to the roadway and the at-grade

intersection design.

It is also important to note that the “Bell-mouth” at an access, was previously

excluded from the land that had to be acquired for road reserve purposes and/or

included in the defined road reserve that is to be declared by SANRAL. This has

now changed and the “Bell-mouth” now forms part of the road reserve to be

declared and thus, the land affected by the “Bell-mouth”, must also be acquired.

5.4.3.1 Access Roads used by the General Public

It is important to determine the legal status of al public access roads at the outset

and to obtain copies of the governing declarations that vest the public road under

the authority of the Provincial, Local or District Authority. The Consulting

Engineer must discuss and get the necessary approval from the relevant

Authority (including servitude owners) before re-designing any existing or

designing any new access roads. These approvals must be provided to SANRAL

as reference thereto must be included in the land acquisition process. SANRAL

will then acquire the additional land that is required subject to the terms of the

agreement that was reached with or conditions that were imposed by the relevant

Authority or right holder. If required, the said land will then be surveyed and sub-

divide whereafter the land will firstly be transferred into the name of SANRAL, but

will later be transferred into the name of the Authority under whose jurisdiction

the relevant Access Road will fall. The last-mentioned transfer will, however, be

subject to the amendment of the relevant municipal or provincial road declaration.

In most cases, SANRAL’s Survey Service Provider will prepare the required

amending declaration documentation (including the de-declaration of the old

alignment) and will submit same to the relevant Authority to publish the

declaration amendment. Until the publication of the amending declaration, the

responsibility to maintain the Access Road will be with SANRAL.


52

Full and unencumbered ownership of land that is no longer required for road

building purposes, may revert back to the landowner upon the declaration of the

new alignment. However, this will depend on the provisions of the applicable

provincial legislation that was initially used at the time to obtain ownership of the

land or right to use the land affected by the old alignment of the Provincial Road.

5.4.3.2 Access Roads for Private Usage

In terms of the provisions of the Land Survey Act, 1997 (Act 8 of 1997) no

property may be left without a formal and/or registered access to such property.

New access roads are usually required to provide access to properties whose

access has been cut off as a result of the construction of a National Road, or if an

existing access to a National Road has to be closed and re-located for safety

reasons. Full ownership of land required for access road purposes is usually not

required. However, the only way to safeguard access roads, as well as to

safeguard all landowners’ rights to access, is by way of servitude registration.

Therefore, an Agreement whereby the access road is to be formalized and

whereby SANRAL is granted authority to register a Right-of-way Servitude

against the Title Deed of the affected property, has to be entered into between

SANRAL and the affected landowner.

When existing access roads are closed and the access points are moved as a

result of safety issues, the affected landowners are also entitled to compensation

for the loss of the land required for the relocation of the access roads and any

real financial losses that may be suffered as a result thereof. The quantum of

such compensation must also be taken into account during the design phase.

Consideration must also be given to the specific use of an access road (i.e. is it a

public, business, farm or camp access). In particular, the Consulting Engineer

must determine the size and type of vehicles or farming equipment that will be

using a specific access in order to design and ensure a safe entrance to or exit

from the national road. Attention must also be given to ensure that the bell-

mouth design allows for sufficient space that any such vehicles or farming

equipment can be safely off the roadway before entering the gate at the access

point. It is therefore very important that the affected landowner must be consulted

before the access road design is finalized. The process to be followed during the


53

compiling of a Property Report, also allows for this interaction between the

Consulting Engineer and the affected landowners.

5.4.4 Temporary Deviations and Stock Pile Areas

The required use of the land for temporary deviations and stockpile areas, is of a

temporary nature. Therefore, the Agreement that will be entered into with the

affected landowners will in such instances, provide for a clearly specified time

period during which the required land may be used. The negotiation process

followed in order to obtain the right to use such land, as well as the determining

of the quantum of the compensation payable in respect thereof, are similar to

those relating to the acquiring of land in respect of which full title will ultimately be

taken. The quantum of the compensation will for instance also represent the full

market value of the affected land, as well as an amount to make good any real

financial losses a landowner may suffer as a result of the use of the land. The

Consulting Engineer must, when compiling the required Property Report,

ascertain the rehabilitation requirements for these temporary deviations in

collaboration with the landowner. The Consulting Engineer must specify the

usage period for each property (inclusive of the rehabilitation period) and must

communicate the relevant start and termination dates as early as possible,

preferably simultaneous with the providing of the design data to SANRAL and its

Service Providers involved in the land acquisition process.

5.4.5 Borrow Pits and Quarries

Full ownership of borrow pits and quarries are only taken upon the explicit

instruction to do so by SANRAL. In most cases, only an Agreement will be

entered into for a specified time period in which the required land can be utilised.

However, the negotiation process to obtain the temporary right to use such land,

is similar to the acquiring of full ownership of affected land. The compensation

payable for the right to use the land temporarily, will also represent the full market

value of the affected land, as well as an amount to make good any real financial

loss the owner may suffer as a result of the use of the land. The Consulting

Engineer must therefore determine the required usage period for each borrow pit

and quarry (inclusive of the rehabilitation period) and must communicate the

relevant start and termination dates as early as possible, preferably simultaneous

with the providing of the design data to SANRAL and its Service Providers

involved in the land acquisition process.


54

It is again reiterated that the complying with all the requirements of the Mineral

and Petroleum Resources Development Act, 2002 (Act 28 of 2002), is not part of

the responsibilities of the Service Providers involved in the acquisition process.

Depending on the contents of the design or the construction contracts that

SANRAL entered into, it will be part of the responsibilities imposed on either the

Design Engineer or the Contractor responsible for the ultimate construction.

Therefore, approvals and permits required for the establishing of Borrow Pits and

Quarries will not be sourced or applied for by the Land Portfolio Service

Providers, Survey Service Providers and/or the Valuers.

In as far as the design requirements are concerned, it is important to note that the

original boundaries of the survey done of a proposed borrow pit or quarry area,

do not represent the design boundaries of the borrow pit or quarry. The

Consulting Engineer must, after having taken the material and geotechnical

investigations, the haul distance and material requirements into account, design

the exact boundaries of the borrow pit or quarry. During the design of these

boundaries, due consideration must be given to cadastral boundaries, camp

boundaries, relative location of the borrow pit or quarry in relation to the land use

on a farm, as well as access to such a borrow pit or quarry. Even if there is an

existing private access road, such access must be communicated to the Service

Providers as formal approval must still be obtained for the use thereof by

construction vehicles. The location of such access roads must be determined in

collaboration with the landowner, giving due consideration to minimising the

impact it may have on the specific land use and/or agricultural activities.

In respect of the compensation payable for the right to use land for Borrow Pit

and/or Quarry purposes, it is again reiterated that two basic scenarios can be

applicable:

Firstly, in terms of Act 28 of 2002, the control of all minerals has been

reserved by the State. This means that a landowner is not entitled to the

minerals on his land, nor can a landowner sell such minerals. The

compensation for the right to use land for these purposes, is therefore

based on the actual market value of the portion of land that is required for

the establishment of the borrow pit or quarry, as well as the real financial

losses the owner may suffer as a result of the establishment of the Borrow


55

Pit or Quarry. Therefore, under normal circumstances the said

compensation can not be based on the amount of material to be removed

from the required land.

The second scenario relates to the few instances where a landowner or

other Rights Holder is in possession of the required mining permits as

contemplated in Act 28 of 2002. In such instances, depending on the type

of permit, a landowner or the holder of the permit is entitled to be

compensated in respect of the volume of material to be excavated. The

costs of commercial sources versus the cost to pay compensation for the

loss of minerals, as well as the costs relating to the excavation of the

required material, therefore need to be compared before a decision is taken

to proceed with the acquisition of the right to use the land on which

approved rights are in place. It is logical that certain minerals might be

more expensive than others and the Consulting Engineers should therefore

familiarize themselves with any permits in respect of minerals on a specific

property and take such information into account when designing and

sourcing materials. Please note that the determining of the value of the

material is a very complicated issue as a myriad of variables are involved.

It is thus of the utmost importance that the SANRAL appointed Valuers

must be involved to determine the value of the compensation payable for

such minerals or rights, at an early stage in order to make an informed

decision on the way forward. It should also be noted that the compensation

in this regard is not always dealt with on a “pay-as-you-go” basis during the

construction period and compensation, but is often paid out up-front based

on the estimated quantum of material to be removed, which estimation is to

be provided by the Consulting Engineer. Exceeding the original estimated

quantities may therefore result in further claims from the affected

landowner. However, if a smaller quantum is ultimately used, it will not

reduce the contractual compensation amount that was paid out up-front.

5.4.6 Severed Land

It is inevitable that properties will be severed by road reserves. A typical example

is indicated below within the red circle (Example 1). In this instance, a portion is

severed in such a way that it is render useless to the owner and will also not be

able to exist as an independent unit. Furthermore, access to the severed land

will in most instances not exist. However, we do find cases where access is


56

available to the small portion of the property and the larger portion is then

severed without access. This poses an even greater financial liability if access is

not provided. Care should be taken to ensure that access is, as far as possible,

always available to those portions of properties that are severed by the road,

especially if large portions of land are being severed.

We also find that in certain cases, the road reserve divides a property in half. In

example 2, below, a property is halved in such a manner. The relevant property

is encircled in red below. Note should be taken of the existing land usage. If it is

grazing land, the effect would be less on the owner compared to intensive

farming, though careful consideration needs to be given to the need for

agricultural under- or over-passes in view of the grazing camp rotational scheme

commonly implemented in the agricultural sector.

EXAMPLE 1

EXAMPLE 2


57

Although the provision of such agricultural under or over-passes is costly, it is

important to note that SANRAL is legally obliged to put the landowner in the

same or in a similar position than that what he/she was in before the construction

of the road. This may well require the comparing of the costs related to the

provision of an agricultural underpass with the costs associated with the

acquisition of the severed portion of land. It also need to be noted that where

severed portions of properties are acquired, they must be subjected to being sub-

divided in terms of Act 70 of 1970 (which governs that agricultural land being sub-

divided, should be able to function as an independent economically viable unit) in

order to facilitate the transfer of the severed land to SANRAL. If the consent

required in terms of Act 70 of 1970 can not be obtained, it may result in SANRAL

being obliged to acquire the entire property, irrespective of whether access is

available to a large portion thereof.

The same situation prevails in respect of properties other than agricultural land. If

it happens to be commercial land, the cost would be far greater than residential

land. In the case of a “green fields” scenario, it is not always possible to cross

land with out dividing properties. The Consulting Engineer should, however tri to

minimize such divisions as far as possible.

With the upgrading of an existing road, another scenario presents itself. In

Example 3 below, the red line indicates the widening of a road reserve. The

portion shown in purple is thus the severed portion that needs to be acquired.

EXAMPLE 3


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If we assume that the portion in green is commercial land that has been zoned as

such subject to certain conditions regarding bulk coverage, etceteras, the

acquisition of the portion in purple may reduce the size of the green portion to

such an extent that the zoning may not be possible or an envisaged commercial

development may no longer be allowed. It is thus of importance to take into

account these circumstances and to design the road to minimize the impact on

the property as far as possible.

5.4.7 Other aspects to take into consideration

Drainage: This is particularly sensitive where agricultural activities are being

undertaken. The Consulting Engineer must ensure that proper consultation

take place with the affected landowner regarding the location and nature of

drainage structures to be provided under the construction project.

Fencing: The principle is that SANRAL must put a landowner in exactly the

same or similar position than that what he/she was in prior to the

construction of the road. The Consulting Engineer must firstly ensure that

the exact specifications in respect of the existing fencing on each of the

affected properties are determined and are measured during the

topographical surveys. In taking it forward one could have more than one

approach, i.e –

o the Consulting Engineer makes no provision under the contract for

any other type of fencing other than the standard fencing normally

provided by SANRAL. Compensation for different types of fencing

would therefore need to be paid under the land acquisition process.

This compensation is subject to the obtaining of quotes, co-ordinating

the removal of fence material which can be re-used and the timeous

removal of the fence. However, there is a risk that the landowner can

either use the monies paid to him for something else or have to wait

for SANRAL to pay him first before being able to relocate the fence,

thereby passing the liability directly onto SANRAL for the potential

standing time of the Contractor; or

o the Consulting Engineer makes provision for the erection of the

specific fencing type under the construction contract. The advantage

of this approach is that risks are much more appropriately addressed

and manageable.


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Servitudes: If existing servitudes are to be re-located, the servitude owner’s

consent must be obtained as a Real Right will effectively be infringed upon

and this may hold significant compensation implications. It should be noted

that only servitudes indicated on the Surveyor General’s General Plans, will

be reflected on the Cadastral Key Plan compiled by SANRAL’s Survey

Service Provider. Notarised Servitudes reflected or referred to in Title

Deeds, are not captured on the Key Plan, unless the Survey Service

Provider is specifically requested to do so by either the Consulting Engineer

or SANRAL’s Land Portfolio Service Provider, or upon identification by the

Consulting Engineer of such right being infringed upon during the

compilation of the relevant Property Report. In such cases the Consulting

Engineer must provide a geo-referenced indication of the existing notarised

servitude to the Survey Service Provider, together with the design for the

reinstatement or re-alignment of such rights to another location if applicable.

Services: The Consulting Engineer must address existing services with

sensitivity as they may have been in existence for a long period of time.

SANRAL may have inherited the prevailing situation during the

incorporation of provincial roads into the primary road network. For this

reason it may be advisable to make provision under the construction

contract to formalise these services in a proper manner. The alternative

may be to pursue the expropriation route if an amicable Agreement with the

landowner or service owner can not be reached.

It is also important to note that during the original design topographical and/or

photogrammetric survey, only visible services would have been recorded. A

whole host of existing services may be situated below the surface and their actual

positions may not always be recorded in the office of the Surveyor General. The

Consulting Engineer must therefore question landowners, Municipal Service

Delivery Departments and other Service Providers such as ESKOM, Telkom,

etceteras, to ensure that an accurate indication of these services is obtained.

If a specific service has to be relocated, it is imperative that the process and

costs associated with the procurement of the land onto which the service is to be

relocated, is discussed with SANRAL and SANRAL’s Land Portfolio Service

Provider.


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5.5 Property Report Summary of Activity

Undertaken By: Consulting Engineer in consultation with SANRAL’s Valuer and SANRAL’s Land Portfolio Service Provider

Predecessor Activities Prelim Design – Identification of Land

Acquisition requirements on each property; Material and Geotechnical Investigations –

Identification of potential material sources; Access Management Plan – Identification of

land requirements for access roads1; and Identification of land requirements for traffic

accommodation (temporary deviations) Primary Output of Activity Property Report;

Letters from Landowners confirming willingness to negotiate re the alienation of the affected land;

Achievable land acquisition within the timeframes provided in program


1 - 4 weeks dependant on the number of properties / landowners affected by the specific project

Qualifications The compilation of a Property Report in conjunction

with SANRAL’s Land Portfolio Service Provider and Valuers forms part of the Prelim Design Process and informs the approval of the design by SANRAL. For the sake of total clarity, the preparation of the Property Report is discussed as a separate process in this Guideline Manual.

This process entails the interviewing of each of the affected landowners during

the design phase of the works. Such interviews are to be conducted by the

Consulting Engineer and (where necessary) in collaboration with SANRAL’s

Valuer and the objective of the interviews should be the –

identifying in a pro-active manner of any design changes that may be

required in order to accommodate legal requirements and/or reasonable

requirements of the landowners that could influence the successful

acquisition of the affected land;

identifying of the most cost effective solution to the acquiring of specific land

parcels and the comparing of various design solutions and associated costs


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with the compensation value of severed land which may have to be

acquired; and

pro-active addressing of potential delays, impossible or difficult acquisitions,

potential expropriations and costly acquisitions with alternative geometric

design solutions and/or contractual provisions.

It should be noted that the Property Report to be submitted by the Consulting

Engineer, is regarded as a first draft upon which SANRAL’s Land Portfolio

Service Provider will expand following the process of Property Data Sourcing.

The Property Report to be submitted by the Consulting Engineer should include

the following information on each affected property where land needs to be

temporarily or permanently acquired:-

5.5.1 Property Description

A full and detailed property description must be provided, together with an

indication of the extent of the full property, the Title Deed Number it is held under

and the Province in which the property is situated. This information can be

sourced electronically from the Registrar of Deeds via the Internet

[www.windeed.co.za], or [Deedsweb on www.deeds.gov.za]

5.5.2 Landowner’s Details

Full details of the registered owner of each affected property, must be provided.

In the event that such landowner is –

a natural person/s, the identity number/s of such person/s must be

provided. If the person is married within community of property, their

spouse/s detail and identity number(s) must also be provided;

a Company, Trust or Closed Corporation, the entity’s registration number

must be provided. The entity must be requested to either furnish a

resolution delegating a natural person with whom the land acquisition may

be negotiated, or provide an indication of the process and time frames

required to submit and obtain approval of an offer of compensation and to

have the necessary acquisition documentation signed.


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All contact details of an affected landowner, including the physical address where

the property owner or his/her representative can be contacted, as well as a postal

address, telephone number and cellular phone number, must be provided. In the

case of Trusts, Close Corporations and Companies, the contact details of the

relevant authorized and/or legal representatives of the landowner, must be

provided.

5.5.3 Classification of the type of the affected land

An indication of the classification of the land to be acquired, must be provided.

The following classification must be used for this purpose:

Differentiate firstly between whether the land to be acquired will be for the

purpose of the widening of an existing national road or constructing a

“Green fields“ road (new alignment);

Differentiate secondly if the land to be acquired is in the ownership or under

the control of -

o a private individual (the details of which has already been captured

under item 5.5.2);

o the State, in which case the details of the User Department or

Authority controlling the land, must also be provided if possible and

specific reference must be made if the land is used or earmarked for

any the following: -

Land Reform and Land Reform for Agricultural Development

(LRAD);

Housing or School Projects;

Defence or Police Services;

Research (including land belonging to/under the control of the

Agricultural Research Council); or

o Transnet or SARCC, in which case the details and contact details of

the entity’s representative must be provided;

o a Tribal Authority, such as un-alienated State Land and Tribal Land, in

which case the details of the relevant representative at the

Department of Land Affairs, as well as the details of the Tribal Chief

and the representative of the affected community or people, must be

provided if at all possible. Specific notice should also be made if the

said land is -


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held by the Ingonyama Trust;

part of a State Domestic Land Asset; or

held under Quitrent Title

The zoning of the property must be recorded. In the case of built-up areas

or where the landowner indicates that he/she is in the process of acquiring

development rights on the property, it is crucial to procure the municipal

town planning zoning of the relevant property as it may render such land

extremely costly to acquire.

The current use of the land (differentiating between agricultural, residential

and commercial usage), must also be provided.

5.5.4 Required Area and Required Usage

The approximate extent of the portion of the property that is required, must be

recorded together with an indication of the purpose for which the portion of land is

to be used (i.e. road widening, new road reserve (“Green fields”), access road,

borrow pit, an access road to a borrow pit a temporary deviation, etceteras). In

the event that more than one use is envisaged, please indicate the required area

for each use separately.

5.5.5 Improvements affected by the Land Acquisition

All improvements situated within the area to be acquired, must be recorded.

Improvements should not only be seen as structures, but also improvements

such as boreholes, electrical installations (including sub-surface installations),

water pipes and any other movable improvements such as animal drinking

troughs, borehole pumps, etceteras. The type of crops on agricultural land, the

envisaged date when these crops will be harvested, as well as full details

regarding the type and specification of the existing fencing, must also be

recorded. The list of affected improvements must be as comprehensive as

possible and must address all matters that can affect the value of the land.

5.5.6 Occupants

The names and identity numbers of all occupants living within the area to be

acquired, must be recorded meticulously together with the date from which they

occupy the affected land as they may have rights to the property in terms of

various legislation. Details of the structures in which the occupants live must be

recorded and must be supplemented with photographs. Details of livestock

grazing the affected area or the adjacent area must also be recorded.


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In the case of an obvious illegal occupation of the affected land, it is advisable to

make copies of the identity documents of all the occupants and to inform

SANRAL, as a matter of urgency, of the suspected illegal occupation. Security

measures should be implemented in such cases in order to prohibit an escalation

of occupants within the affected area. It is important to note that SANRAL can

not incur any expenses on land which it has not acquired as yet. It should be

further attempted to procure as much as possible information (including

information obtained from the Local Authority) regarding whether these illegal

occupants have been put on a waiting list for a housing subsidy scheme. It is

essential to determine a realistic time program for the relocation of these illegal

occupants.

5.5.7 Rights on Property

Any and all rights registered against the property shall be recorded by the Land

Portfolio Service Provider (Including any Servitudes, Deeds of Restraints, Lease

Agreements, Usufructuaries, Bonds, etceteras.) However, the Consulting

Engineer must question the landowner in order to ascertain whether there are

any rights to the property which are not recorded in the Title Deed. A meticulous

approach must be followed with respect to existing mining and/or surface rights.

Permits of whatsoever nature must be recorded and if possible, copies thereof

must be obtained. As much as possible information regarding any rights and the

holder of such rights (including contact details) must also be obtained.

5.5.8 Access to Property

As already indicated in Item 5.4.2 and 5.4.3 above, due consideration must

always be given to the following:

SANRAL’s Access Management requirements for the affected section of

national road, i.e. limited/restricted access versus prohibiting any access to

and from the national road;

The access classification applicable to all access points to the affected

section of national road, i.e. in the case of a declared public road, whether

it is a Municipal or Provincial road, or in the case of a private usage road,

whether it is being used as a business access, a farm access or a camp

access road;


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In the case of public roads, the legal status of such road (i.e. the Municipal

or Provincial declaration details) must be procured and full details with

regard to approvals relating to (for instance) re-alignments or closure of

such public roads, must be provided. Details regarding the approach that

was followed with regard to the acquisition of the right to use the affected

land, the subsequent transfer of the land to the relevant Authority (if

applicable), as well as details relating to the amendment of the relevant

declarations, also need to be provided;

In the case of private use access roads, special consideration must be

given to the following matters:-

o No property may be left without a formal, approved or registered

access;

o If access to a property is being negatively affected by the road

construction or required land acquisition, please indicate how access

to the property will be re-instated. An indication must be given

whether the location and nature of the new Access Road has been

discussed with the landowner and if the landowner is agreeable to the

proposed solution;

o Any foreseen real and direct financial losses that may be suffered as a

result of the relocation of the Access Road, need to be recorded;

o “Bell-mouth” design requirements for each of the access points, need

to be recorded;

o In the event that a Right-of-way Servitude needs to be registered over

a specific property in favour of another party/other parties, the

necessary consent must be procured from each of the parties that will

be affected by such Servitude.

5.5.9 Landowner’s Requests or Qualifications

This item in the Property Report refers to any requests or qualifications made by

the landowner. It is of the utmost importance that these conditions and requests,

together with the Consulting Engineer’s proposed solutions are meticulously

recorded. It follows that if such a qualification or requests requires the attention

of or inputs from SANRAL, any of the Service Providers involved in the Land

Acquisition process, or any other role player or Service Provider (such as the

Environmental Consultants), the particular matter should be brought to the

relevant role player’s attention as soon as possible. The following detail should

be recorded:


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The amount of the compensation requested by the landowner for the

affected land. Differentiate between the unit prize required for grazing, dry

lands, irrigated lands (differentiating further between normal irrigation and

pivot points) and developed/developable land. This compensation or unit

values should represent the landowner’s perspective of what will represent

a fair market value.

Any identified or potential financial losses to be suffered by the landowner

as a result of the road construction, must be recorded in detail, as well as

an estimated value for such financial loss.

Any design changes or additions required by a landowner, together with the

estimate design costs should such design costs be considered to have

been excluded from the original scope of work and appointment/tender,

must be listed and provided. In the case of an alternative design solution

being offered to minimise land acquisition costs, a cost comparison need to

be provided with supporting documentation (including an estimate of the

construction cost).

All qualifications and requests made by the landowner, together with the

proposed action or consideration pertaining to each qualification or request,

must be clearly listed. If any qualification or request needs to be referred to

another role-player for consideration or action, the recorded data must

clearly identify the relevant role player.

5.5.10 Severed Land

When the road reserve divides a property or severs a portion of a subject

property, irrespective if the need for the acquisition of land arises from the

upgrading of an existing road or the construction of a new road alignment (i.e. a

“Green fields” scenario), careful consideration must be given to the following:

In the case of the upgrading of an existing road, the following information must be

obtained when land is being severed:

The land use on the portions of the affected property on both sides of the

road reserve (i.e. the severed land and the rest of the mother property).

The approximate extent of the land which is being severed, together with an

indication of all existing developments on the severed portion of land.


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Access details to both portions of the affected property. If no access exists

to either portion of the property, it is imperative to ascertain–

o whether access to the said portion was lost as a result of the proposed

upgrading of the road, in which case it must be established whether a

suitable access can be provided. (The position and nature of such a

new access must be determined in conjunction with the landowner, as

well as SANRAL’s Survey Service Provider, Valuer and Land Portfolio

Service Provider.); or

o whether access to the said portion was lost as a result of the initial

construction of the road, in which case it must be ascertained why the

former roads authority did not re-instate access to the said portion. (In

the past some road authorities, especially if it was more cost effective,

elected to rather pay the landowner the full market value of the

severed land than to re-instate access to the said portion, i.e. the

market value of the severed land was reduced to R0.00 and thus, it

will still be more cost effective for SANRAL to rather buy out the land

at a zero or nominal value than to provide access to it.)

The landowner’s written indication regarding whether or not he/she would (if

necessary) be prepared to alienate such severed land to SANRAL and if so,

under what conditions.

In the case of the construction of a new road alignment, i.e. through a “Green

fields” scenario, the following information must be obtained when land is being

severed or a property is being divided by the road alignment:

The land use on the portions of the affected property on both sides of the

road reserve (i.e. the severed land and the rest of the mother property).

The approximate extent of the land which is being severed, together with an

indication of all existing developments on the severed portion of land.

Access details to both portions of the affected property. If access to either

portion of the property will be lost as a result of the proposed construction of

the road, it must be established whether a suitable and cost effective

access can be provided to the said portion. The position and nature of the

new access must be determined in conjunction with the landowner and

SANRAL’s Valuer, and Survey and Land Portfolio Service Providers.


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The landowner’s written indication regarding whether or not he/she would (if

necessary) be prepared to alienate such severed land to SANRAL and if so,

under what conditions.

Especially where landowners do not wish to sell the severed land,

comprehensive details regarding the land use and the manner in which

provision has been made in the design to provide for cross access between

the relevant portions in order to allow for movement of cattle, agricultural

implements, etceteras, must be recorded. The decision by the landowner

not to sell such severed portion of land, must be recorded in the data.

5.5.11 Data to be submitted with the Property Report

An example of a fairly comprehensive Property Report is included in this

Guideline Manual as Annexure 5. It is important to note that the Report in

respect of each affected property can constantly evolve in parallel with the

progress made with the design and/or subsequent land acquisition.

If the preliminary design data (defining the land acquisition requirement) has

been submitted in time, the Land Acquisition Key Plan would have been compiled

and the property sourcing process by SANRAL’s Land Portfolio Service Provider

will be well under way or completed. It follows that the section of the Property

Report dealing with the rights on the property (Refer Item 5.5.7) will be

corroborated by SANRAL’s Land Portfolio Service Provider. It is thus of utmost

importance that as soon as the first/preliminary draft of the Property Report is

available, it should be provided to SANRAL’s Land Portfolio Service Provider.

Once the relevant Title Deeds have been sourced, outstanding information can

be added or already available information can be verified, whereafter the updated

Property Report will be returned to the Consulting Engineer for consideration,

approval by SANRAL and distribution. The Consulting Engineer or Designers

should especially take note whether any previously unknown servitudes or other

rights which may impact on the design, were identified by the Land Portfolio

Service Provider.

As indicated in Annexure 5, a typical Property Report in respect of all

construction projects, must include at least the following:


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Schedule of affected properties (in MS Excel): A list of all properties on the

project that is/may be affected by land acquisition. An example of such a

schedule is included as Annexure 5A in the example of a Property Report

annexed to this Guideline Manual. Provision must be made in this schedule

to capture at least the following fields for each respective case requiring

land acquisition:

o Property Description.

o Required/Intended use of affected portion(s).

o The type of land affected by the proposed/required acquisition.

o Type of Ownership of the affected property.

o Landowner’s contact details.

Property Report: The actual Property Report must contain all the

information referred to in Items 5.5.1 to 5.5.10 above with regard to each

and every property affected by land acquisition requirements. Data to be

submitted in hardcopy (ISO A4 paper) and digital format (MS Word and/or

MS Excel format). Please refer to the example attached as Annexure 5D.

Design Drawings: Each affected land parcel or set of land parcels that

required acquisition, a drawing must be submitted in digital (PDF) format.

The required area(s) must be suitably highlighted.

Letters from landowners stating whether they are prepared to negotiate

regarding the alienation of the required land for the purpose it is required:

Letters must be obtained from all landowners affected by land acquisition.

Hard copies thereof must be submitted as part of the Property Report.

Please refer to the example attached as Annexure 5E.

Property Report Check-List: - This Checklist, of which an example is

attached as Annexure 5G, must be completed for each affected case

requiring land acquisition and must be signed off by the Consulting

Engineer, the respective Service Providers and the responsible SANRAL

Project Manager before the Final Property Report can be submitted to

SANRAL.

Other Records: Copies of all other available records relating to the affected

properties (such as Deeds Office Search Reports, written communications

addressed to or received from landowners, etceteras) must also be

attached to the Report.


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Copies of all Interim, as well as the Final Property Report, must be submitted to

the following role-players:

One (1) copy to SANRAL for the attention of the SANRAL Project Manager.

One (1) copy to SANRAL’s Survey Service Provider.

One (1) copy to SANRAL’s Land Portfolio Service Provider.

One (1) copy to SANRAL’s appointed Valuers;


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5.6 Final Engineering Design Summary of Activity

Undertaken By: Consulting Engineer Predecessor Activities Prelim Design;

Property Report Primary Output of Activity Final design data defining the land

acquisition requirements. Estimated Duration of

Activity 1 - 2 months depending on the scope of works relating to the specific project

Qualifications The final design phase includes the Compilation

of construction tender documentation, the Advertisement of the construction tender and the Tender Evaluation. For the purposes of land acquisition, the final determination of the land requirements is the only requirement to trigger the next process.

Please note that the second most important date in the entire land acquisition

process is the date on which the designs are finalized and handed over to the

relevant role-players as this will trigger all other actions within the land acquisition

process. The successful procurement of access to site within the time allotted or

provided for in the project programming for land acquisition, is directly dependant

on the correct and timeous submission of the design data as this defines the

requirement for all land acquisition. It logically follows that the sooner a design

can be submitted, the more time is available to meet deadlines and the more time

is available to mitigate problems experienced later on during the acquisition

phase. For instance, more time will be available to deal with reluctant or

problematic landowners or accommodate changes to the design necessitated by

practical implications affecting landowners which could not have been foreseen

during the initial design.

It is important to note that required design changes that affect property, have to

be done after the preliminary/initial design was submitted, the Land Acquisition

Key Plan must be amended, additional property data may need to be sourced

and the Property Report (including negotiations with affected landowners) need

to be updated, all of which may result in a delay in the land acquisition process.


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The final design data must address the acquisition requirements relating to all

land required for additional or new road reserves, borrow pits, quarries, stockpile

areas, access roads and/or temporary deviations required for traffic

accommodation.

5.6.1 Submission of Design Data

Since Land Acquisition Plans form part of the legal documents required to

facilitate the acquisition of land, accuracy and correctness of the information

displayed thereon, is of the utmost importance and hence, so is the quality and

format of the submitted design information. In this regard, specifications are

given hereunder stipulating the format in which design data has to be submitted

to SANRAL’s Survey Service Provider. Please note that non-compliance with

these requirements by the Consulting Engineer will not only result in time delays

and deadlines being missed, but also financial losses to SANRAL.

5.6.1.1 Design Data Specification: Acquisition of land required permanently for National Road Reserves purposes

The following data must be submitted to SANRAL’s Survey Service Provider:

The original topographical or photogrammetric survey on which the

engineering design is based and which shows the relevant grid in DXF,

DWG or DGN format, must be submitted. The original topographical or

photogrammetric survey digital CAD layer definition would have been

submitted in accordance with the “TMH 11 Specifications for Microstation

and USmart Mapping” and an example thereof has been included in this

Guideline Manual as Annexure 7. It is imperative that the original layer

definition must be retained in the submitted design data to enable

SANRAL’s Survey Service Provider to digitally manipulate the layers in

order to validate the definition of the new road reserve.

The final design, defining the position of the new road reserve, must be

digitally superimposed onto the original topographical or photogrammetric

survey in a separate layer. The design aspects of importance which need

to be reflected in the data to be submitted are -


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o the definition of the proposed new road reserve; as well as

o the definition of the toe-line at cut and fills

It is of the utmost importance that the design is provided together with the

relevant grid in order to orientate the design for the Southern Hemisphere in

CAD Software (i.e. a process commonly referred to as “Geo-referencing”).

The design must be based on the same Projection Datum as the original

mapping, i.e. the Cape Datum or World Geodetic System (WGS) Datum.

The relevant Projection Datum has to be specified clearly on the provided

drawing. The correct manner in which the relevant Projection Datum must

be recorded, is as follows:

o Cape Datum: Projection Datum: Clark 1880 – LO 27. o World Geodetic System Datum: Projection Datum: WGS 84 – WG 27

The purpose of the land requirement (i.e. road reserve, borrow pit, access

road, etceteras.) must be clearly defined and a clear differentiation must

also be made between permanent and temporary acquisitions.

The original topographical or photogrammetric survey for design purposes

would have recorded all developments on the affected land at the time of

the survey. There is sometimes a considerable time delay between the

date of the original survey and the date the design is finalised and the

acquisition of the required land can commence. This time delay may even

be so long that the affected land has been developed in the said period. It

is therefore imperative that any additional or further improvements on the

land to be acquisition (as well as those within the immediate vicinity thereof)

are recorded separately in respect of each affected property.

The Cadastral Key Plan that was provided by the Survey Service Provider,

must appropriately also be digitally integrated in accordance with the before

mentioned CAD digital layer specification and must form part of the design

data to be submitted.

The design data must be submitted as follows:

o One (1) digital copy on Compact Disc to SANRAL’s Survey Service

Provider. The compact disc must be clearly marked with the

Construction Project Details, namely the SANRAL Project Number,

the National Road and Route Section Number, the Project

Description, as well as the Consulting Engineer’s contact details

(Name of Firm or Company, Contact Person and Contact Numbers).


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o The digital data must be accompanied by a letter reflecting the full

directory and file index of the digital data being submitted and a copy

thereof must be submitted to the SANRAL Project Manager.

o Four (4) hardcopies of the design as an overlay on the original

topographical or photogrammetric survey must be submitted in plan

book format. One (1) copy must be distributed to each of the following

role-players:

One (1) copy to SANRAL for the attention of the SANRAL Project

Manager.

One (1) copy to SANRAL’s Survey Service Provider.

One (1) copy to SANRAL’s Land Portfolio Service Provider.

One (1) copy to SANRAL’s appointed Valuers;

o A Locality Plan shall be provided reflecting all the land acquisition

requirements (including road reserve requirements for the widening of

existing roads, new alignments, borrow pits, quarries, access roads1,

temporary deviations etc.) This locality plan shall be on a 1:50 000

Topo-Cadastral map depicting the land acquisition requirements in a

clearly visible, annotated dot on the map.

5.6.1.2 Design Data Specification: Land required for Temporary Deviations, Borrow Pits, Quarries and Access Roads to Borrow Pits and Quarries

(i) In the case of Borrow Pits and Quarries, the following data must be

submitted to SANRAL’s Survey Service Provider:

The original topographical or photogrammetric survey of the Borrow

Pit or Quarry showing the relevant grid in DXF, DWG or DGN format.

The designed boundaries of the Borrow Pit or Quarry clearly defining

the area that needs to be acquired, must be digitally superimposed in

a separate layer onto the original topographical or photogrammetric

survey.

It is of the utmost importance that the design must be provided with

the relevant grid in order to orientate the design for the Southern

Hemisphere in CAD Software (a process commonly referred to as

“Geo-referencing”).


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The design of all Borrow Pits and Quarries must be based on the

World Geodetic System Datum (WGS84). The relevant Projection

Datum needs to be clearly specified on the provided drawing. The

correct manner in which the relevant projection datum must be

recorded is “World Geodetic System Datum: Projection Datum - WGS 84 – WG 27”.

As the majority of all Borrow Pits and Quarries are only acquired

temporarily for a period, it is imperative that the Consulting Engineers

provide a clear indication of the start date from which the Borrow Pit

and/or Quarry has to be acquired, as well as the period for which the

right to use the area has to be acquired. In generally the duration of

temporary acquisitions do not exceed a period of three years. For

longer periods and permanent acquisition, SANRAL’s approval has to

be obtained.

The original topographical or photogrammetric survey for design

purposes would have recorded all developments on the affected land

at the time of the survey. There is sometimes a considerable time

lapse between the date of the original survey and the date the design

is finalised and the acquisition of the land commence. The affect

thereof could be that land has subsequently been developed. It is

therefore imperative that all additional improvements on the land to be

acquired (as well as the land within the immediate vicinity thereof) are

separately recorded for each affected property.

The Cadastral Key Plan provided by the Survey Service Provider must

appropriately be digitally integrated in accordance the mentioned CAD

digital layer specification and must form part of the design data to be

submitted.

The design data must be submitted in the same manner and format as

specified in Item 5.6.1.1.

(ii) The following data needs to be submitted to SANRAL’s Survey Service

Provider in the case of Access Roads to Borrow Pits or Quarries:

The original topographical / photogrammetric survey of the borrow pit

or quarry, showing the relevant grid in DXF, DWG or DGN format.


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The designed boundaries of the Borrow Pit or Quarry Access Road

(new or existing access road) defining the area that needs to be

acquired, must be digitally superimposed onto the original

topographical or photogrammetric survey in a separate layer. In the

case of only centre line coordinates being available of the specific

Access Road, the Consulting Engineer shall provide an indication of

the road width which needs to be acquired.

It is of the utmost importance that the design must be provided

together with the relevant grid in order to orientate the design for the

Southern Hemisphere in CAD Software (a process commonly referred

to as “Geo-referencing”).

The design of borrow pits and quarries must be based on the World

Geodetic System Datum (WGS84). The relevant Projection Datum

needs to be clearly specified on the drawing provided. The correct

manner in which the relevant projection datum must be recorded is as

follows:

o World Geodetic System Datum:

Projection Datum: WGS 84 – WG 27

Details of any public road to which an access road links up must be

provided (including Route Number, Description and Status of the road)

The Cadastral Key Plan as provided by the Survey Service Provider

must be appropriately digitally integrated in accordance with the

mentioned CAD digital layer specification and must form part of the

design data to be submitted.

The design data must be submitted in the same manner and format as

specified in item 5.6.1.1.


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5.7 Land Acquisition Key Plans Summary of Activity

Undertaken By: SANRAL’s Survey Service Provider Predecessor Activities Prelim Design / Final Design; Primary Output of Activity Evolved Cadastral Key-plan indicating the

land acquisition requirement; Land Acquisition Requirement schedule.


1 - 2 weeks dependant on the quantum of properties involved on the project.

Qualifications The subsequent processes in the Land

Acquisition Process are dependant on the accuracy and up to date definition of the land requirement. Any delays in the registration of cadastral surveys at the offices of the Surveyor General and/or a substantial time lapse in the time period between the compilation of the original cadastral key plan and the finalisation of the design will require a validation of the cadastre data before continuing with the compilation of the acquisition key plan.

Using the originally compiled Cadastral Key Plan as basis, the engineering

design is superimposed to visually reflect the exact land acquisition requirement

for all permanent and temporary acquisitions. In addition to the above, the

following data is also reflected on the Land Acquisition Key Plan:

Declared Road Reserve/s;

All past land acquisition (including expropriations); and

All servitudes and/or restrictive conditions specifically requested by the

Consulting Engineer or Land Portfolio Service Provider.

From this a schedule is compiled of each and every land parcel that has to be

acquired, which, together with the Land Acquisition Key Plan, facilitates

management control on the land acquisition process.

The Acquisition Key Plan is of the utmost importance as all property sourcing

needs to be done based on correct, relevant and up to date property information.


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5.8 Property Data Sourcing Summary of Activity

Undertaken By: SANRAL’s Land Portfolio Service Provider Predecessor Activities Preliminary indication of land acquisition

requirement Land Acquisition Key-plan defining the

exact land acquisition requirement; Primary Output of Activity Title Deeds;

Records and information on historical acquisitions;

Landowner Contact Detail; Identification of Rights to affected land and

any other restrictive conditions Estimated Duration of Activity

1 – 2 months dependant on the quantity of properties involved on the project.


accessibility and procurement of title deed documentation at the offices of the Registrar of Deeds. It needs to be noted that the title deed documentation which needs to be procured comprises a copy of the registered title deed which needs to be physically obtained from the offices of the Registrar of Deed, and not the title deed information which can be electronically procured via the Internet.

Using either the preliminary indication provided by the Consulting Engineers

during the preliminary design phase or alternatively, by the Land Acquisition Key

Plan, all cadastral information is used to source property information. The

sourcing of this information is done on behalf of SANRAL by its Land Portfolio

Service Provider. In this regard, Title Deeds, Interdicts and Caveats, Servitudes,

Expropriations, restrictive conditions and property owner information (such as the

name of the property owners, their contact details, etceteras) are sourced. If the

project entails upgrading of an existing road, all past acquisitions must also be

sourced. All the relevant information is then used to supplement the Land

Acquisition Key Plan (see Item 5.7). However, the Registrars of Deeds and

Provincial Authorities have priorities of their own, implying that they should be

given as long as possible to provide required information. A waiting period of up

to 2 months is often experienced when information is requested from these

institutions.


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Please note that the initial sourcing of Title Deeds will be done by the Land

Portfolio Service Provider on receipt of the Preliminary Property Report from the

Design Consultants. The Land Portfolio Service Provider will then, on receipt of

the Title Deeds, complete the relevant section/s of the Property Report.

5.9 Acquisition Plans Summary of Activity

Undertaken By: SANRAL’s Survey Service Provider Predecessor Activities Land Acquisition Key-plan

Property Data Sourcing;

Primary Output of Activity Approved Acquisition Plans; Estimated Duration of Activity

2 - 3 weeks dependant on the quantum of properties involved on the project.

Qualifications None

Acquisition Plans are required in terms of section 2 of the Alienation of Land Act

(Act 68 of 1981). A further requirement of these plans were established in case

law which stipulated that the Deed of Alienation and the annexed layout plan of

the portion to be transferred, must be identifiable on the ground by a surveyor

without reference to any of the parties. [Vermeulen vs. Goose Valley

Investments (Pty) Ltd 2001(3) SA 896 (SCA) at 998I and Headermans (Vryberg)

(Pty) Ltd v Ping Bai 1997 (3) SA 1004 (SCA) at 1008 J-1009 H]. Therefore, the

more information that is made available, the better.

The Land Acquisition Key Plan, together with the property data that has been

sourced, informs the drafting of Acquisition Plans that are prepared by the Survey

Service Provider. Depending on the number of diagrams to be prepared, the

quality of the information received from the Consulting Engineers and the

availability of required information, Acquisition Plans take approximately 2 to 3

weeks to prepare. The required land parcels, as well all relevant information

(such as owner’s details and any other rights in the land that are known of at the

time), are clearly indicated on these plans.


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Please note that only SANRAL’s Regional Managers have the delegated

authority to approve Acquisition Plans.

5.9.1 Distribution of Land Acquisition Plans

Before approval of the Land Acquisition Plans, the drafts are circulated to the

Consulting Engineers (DXF Format), the SANRAL Project Manager (PDF

Format) and SANRAL’s Land Portfolio Service Provider (PDF Format) for final

consideration. Any changes or amendments to the draft Acquisition Plans need

to be provided within 5 working days in writing, where after the Survey Service

Provider will seek to obtain approval of the Acquisition Plan/s.

Upon approval of the Acquisition Plans, they are integrated into SANRAL’s GIS

(ITIS) and again circulated to the Consulting Engineers (PDF Format), the

SANRAL Project Manager (PDF Format), and SANRAL’s Land Portfolio Service

Provider (PDF Format) for further action. It is imperative that the Consulting

Engineers ensure that a copy of the approved Acquisition Plan is provided to their

Supervisory Site Staff before the commencement of construction. The Site

Supervisory Staff must in turn ensure that the fences are erected in strict

accordance with the co-ordinates depicted on the Acquisition Plans. It should be

noted that the co-ordinates depicted on the acquisition plans, reflects the final

design co-ordinates and (where applicable) will also be used during the sub-

division of the land,. Any deviation in the erection of fences from the defined co-

ordinates on the acquisition plan may require an amendment to the Purchase or

Wayleave Agreement to be entered into between SANRAL and the affected

landowner, as well as the compensation amount payable in terms of such

contractual agreements. It follows that any deviation from these defined

boundaries during the construction process, must also be reported to SANRAL as

soon as possible.


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5.10 Acquisition Documentation Summary of Activity

Undertaken By: SANRAL’s Land Portfolio Service Provider Predecessor Activities Property Report;

Property Data Sourcing; Approved Land Acquisition Plans; EIA / EMP

Primary Output of Activity

Correspondence with landowner/s; Deed of Sale / any other Agreement required

to acquire a permanent / temporary right to the land


2 - 5 weeks dependant on the quantity of properties involved on the project.

Qualifications The process of sourcing the right holder’s contact

information takes approximately 80% of the time assigned to this process.

The preparation of acquisition documentation is the responsibility of SANRAL’s

Land Portfolio Service Provider and is prepared on receipt of the Acquisition

Plans from the Survey Service Provider whilst utilising the relevant information

gathered during the Property Data Sourcing process. This documentation

entails, inter alia, the preparation of all required Agreements (being Deeds of

Sale and/or any other Agreements such as Wayleave Agreements), as well as

the documentation required in terms of the provisions of the Alienation of Land

Act, 1981. Provided that all the required information has been obtained during

the preceding processes, this process can take 2 to 5 weeks, depending on the

number of cases of land acquisition to finalise. This includes letters and

Agreements to be sent to the relevant landowners and SANRAL’s Valuers.

Please note that documentation and letters also need to be sent out to all other

holders of Rights in or on a property, such as Bondholders, Usufructuaries,

etceteras. This task is or can be very time consuming as all Rights Holders’

information needs to be sourced during this process.

The Consulting Engineers must always ensure that they provide the Land

Portfolio Service Provider with the details of any obligation recorded or imposed

on SANRAL following the Environmental Impact Assessment (EIA) or

Environmental Management Plan (EMP) processes, which obligations need to be


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taken into account when concluding the acquisition negotiations with the

respective landowners.

During the distributing of acquisition documentation to the respective landowners,

hardcopies of the covering letters Agreements and Acquisition Plans are also

circulated to the respective SANRAL Regional Office. Upon finalisation of the

acquisition process, copies of either the signed Agreements that were entered

between SANRAL and the affected landowners, or the relevant Expropriation

Notices, are also circulated to the respective SANRAL Regional Office.

The draft Acquisition Documentation contains a clause whereby the landowner

can impose conditions on SANRAL, which conditions have to be complied with

during the construction period. Since these conditions are contractually imposed

on SANRAL, failure to honour any such conditions provides the relevant

landowner with a legal recourse against SANRAL in terms of the Purchase or

Wayleave Agreement entered into between SANRAL and the landowner. It

logically follows that it is of the utmost importance that the SANRAL Project

Manager provides a copy of all signed Agreements to the Consulting Engineer in

order to ensure that any special conditions that were imposed by the landowner,

are honoured.


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5.11 Acquisition Negotiations Summary of Activity

Undertaken By: SANRAL’s Valuation Service Provider Predecessor Activities Property Report

Approved Land Acquisition Plans; Acquisition Documentation

Primary Output of Activity

Strip Valuation Report; Field Inspections and Negotiations; Signed Agreements; Valuation Documentation and Memoranda to

SANRAL Board for approval of compensation Estimated Duration of Activity

4 - 8 weeks dependant on the number of properties involved on the project.

Qualifications

The negotiation process is the responsibility of SANRAL’s appointed Valuers. In

broad terms this process includes -

the conducting of Strip and Case Specific Valuations;

the execution of Field Inspections;

the conclusion of Acquisition Negotiations; and

the preparation and submission of Valuation Documentation;

which individual aspects are discussed hereafter.

5.11.1 Strip and Case Specific Valuations

Prior to entering into any negotiations with landowners, the Valuers need to

obtain all relevant data relating to land sales within the specific area over a

statistically representative period. This data is required to firstly determine the

land market trends and calculate average values for different classifications of

land within the said area, and secondly to ultimately determine a reasonable and

fair market value of the land to be acquired. Depending on the area, this can be

time consuming. However, the market value of the required land (which is

determined from the strip valuation) must represents the market value at the time

of the acquisition negotiations and therefore, it can not be determined too long

before the date of the acquisition negotiations.


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5.11.2 Field Inspections and Acquisition Negotiations

Upon receipt of the Acquisition Documentation from SANRAL’s Land Portfolio

Service Provider, the Valuers set up meetings with each affected landowner and

rights holder with the view to negotiate the acquisition of the required land and

the compensation payable in respect thereof. The duration of this process is

directly dependant on:-

The availability and correctness of the landowner’s contact details;

The availability and willingness of landowners to conclude the field

inspections and negotiations;

The classification of the different types of land that has to be acquired, i.e.

privately owned land (taking cognisance of holders of real rights, personal

rights, rights other than real rights, as well as informal rights) versus State

owned land (differentiating between RSA controlled land, Transnet or

SARCC controlled land, Un-alienated State owned land and land under

Tribal control). Each permutation imposes different processes and time

frames required to successfully conclude the relevant negotiations.

The level to which issues that were raised by the landowner during the

preparation of the Property Report, have been dealt with and addressed in

the design. If any issue raised at this late stage, requires a re-design in

order to be addressed successfully, the entire Land Acquisition Processes

in respect of the affected property/ies may have to be revisited before the

relevant negotiations can be concluded.

Past experience has indicated clearly that because of the four qualifications

referred to above, as much time as possible should be allowed for this phase of

the work in order to ensure that all required negotiations can be finalised and the

necessary documentation can be signed.

It is extremely important that the Consulting Engineers and other Service

Providers must record all discussions with landowners and must submit the

relevant information for possible use by the Valuers. Many projects are also

preceded by Environmental Impact Assessments (EIA’s) or preparation of

Environmental Management Plans (EMP), which also involves discussions with

landowners. If any undertakings or promises are made to affected landowners


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during such assessment periods, complete written reports must (as early as

possible) be provided to both the Land Portfolio Service Providers and the

Valuers. This will enable the said Service Providers to correctly deal with any

issue that may have an affect on rights, agreements or property values.

It is also advisable that the Consulting Engineers should avail themselves to

(where necessary) accompany the Valuers during the negotiation phase.

5.11.2.1 Value of and compensation payable for required land

Compensation is determined in accordance with the provisions of the

Expropriation Act. The determination of compensation is based on two distinct

values, being the market value of the affected/required land and reimbursement

for any financial losses that may be suffered by affected landowners. The

distinction between the two values is of extreme importance to SANRAL as the

land value will be registered in the Deeds Office. This means that if financial

losses are added to the land value, the value of surrounding land will be inflated

as Valuers use the values recorded in the Deeds Office for comparable sales.

The end result would be that land values could be artificially inflated, thereby

negatively influencing not only the property market, but also future land

acquisitions required for road building purposes.

(i) Market Value of affected or required land

The Market Value of land reflects the actual value of the land that is

required (i.e. what a willing buyer would pay for such land in the open

market to a willing seller). The offer of compensation that will be made by

the Valuer, will fundamentally be based on the results of the strip

valuation that was done (see Item 5.11.1). It is important to note that the

potential and best use of affected land is identified and hence, also

compensated for if such potential and best use is -

financially feasible;

economically feasible;

practically feasible; and

legally feasible


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(ii) Real Financial Losses

Real Financial Losses represent all direct losses that a landowner will

actually suffer, but does not include the value of land. Such real losses

must be a direct and quantifiable loss to which the landowner is legally

entitled. The potential loss of income, however, becomes extremely

complex, and in most cases is considered to be an indirect and

unquantifiable loss for which no compensation is payable. The principle

that is applied as a rule of thumb is to attempt to always place or reinstate

the landowner or rights holder into the same or a similar position as the

one he or she was in before the acquisition of the land (no more, no less).

Examples of such Real Financial Losses for which landowners or rights

holders must be compensated, are -

replacement cost of affected water troughs, boreholes, structures,

infrastructure, immovable improvements, etceteras;

relocation cost of irrigation pipes, people, fences, etceteras; and

planning cost, such as Professional Fees relating to the appointment

of Consulting Engineers, Architects, Town Planners, etceteras.

(iii) Affected Rights

The issue affecting the finalising of a transaction that is the most time

consuming to deal with, is encountered where Rights in or to a property

are held by juristic persons other than the registered landowner. In some

cases, these Rights prohibit the landowner from agreeing to the alienation

of the required land (such as where a Deed of Constraint is registered

against the property or landowner). In such instances, any negotiations

with the landowners are actually fruitless. More importantly, in such

instances the acquisition and compensation payable must be negotiated

simultaneously with all relevant Rights Holders, which often or mostly

result in time delays in finalising the negotiation process. Further

examples of Rights which may be relevant, are -

Lease Agreements or Servitudes;

Informal Rights;

Water Rights (including riparian rights); and

Usufruct.


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5.11.3 Valuation Documentation

Following the Negotiation Phase, whether a signed Agreement could be obtained

from the landowner or not, the Valuers must submit to SANRAL for further

attention and processing, the motivating documentation comprising of a

Memorandum and a Valuation Report, as well as the signed Agreements (if

applicable and available).

SANRAL’s Chief Executive Officer has the delegated authority to approve

compensation amounts up to the value of R1,5 million per case. Any

compensation values exceeding R1,5 million must be submitted to the SANRAL

Board for approval.

5.11.4 Compensation Payment to Landowners

A differentiation must be made between the compensation payable for the

permanent acquisition of land, the compensation payable for temporary

acquisitions, and compensation for Financial Losses.

5.11.4.1 Payment for the Permanent Acquisition of Land

Land acquired on a permanent basis, will ultimately be surveyed and transferred

into the name of SANRAL. These transactions mostly fall within the ambit of the

Alienation of Land Act, 1981 and payment of the “Purchase Price” is accordingly

regulated by law. Monies are mostly paid out within 60 days from the date of

signature of the Deed of Sale and gets deposited into the Conveyancing

Attorney’s Trust Account. These monies (together with the interest earned

thereon) may only be released to the landowner after the sub-division and the

registration of the land into SANRAL’s name in the offices of the Registrar of

Deeds, have been finalised. Given the possibility of backlogs being experienced

at the offices of the Surveyor General and the Registrar of Deeds, such

compensation is often only paid out to the landowner within 12 to 24 months after

the construction work has been concluded. However, subject to no Occupational

Rental being payable by SANRAL, the landowners do earn interest on the money

whilst it is in the Conveyancing Attorney’s Trust Account.


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5.11.4.2 Payment for the Temporary Acquisition of Land

Compensation for the temporary acquisition of land is normally paid out within 60

days from the date of signature of the relevant Agreement and (provided that no

other restrictions are applicable) is mostly deposited directly into the Landowners’

bank account.

5.11.4.3 Payment for Financial Losses

Compensation for financial losses is normally paid out within 60 days from the

date of signature of the relevant Agreement and (provided that no other

restrictions are applicable) is mostly deposited directly into the Landowners’ bank

account.

5.11.5 Expropriation

In terms of Section 41 of the National Roads and National Roads Agency Limited

Act, (Act 7 of 1998) the Minister of Transport, if satisfied on reasonable grounds

that SANRAL reasonably requires-

any land for a national road or for works or other purposes connected with a

national road, including any access road, the acquisition, excavation, mining

or treatment of gravel, stone, sand, clay, water or any other material or

substance, the accommodation of road building staff and the storage or

maintenance of any plant, vehicles, machines, equipment, tools, stores or

material, may expropriate that land for SANRAL;

gravel, stone, sand, clay, water or any other material or substance on or in

land for the construction of a road or for works or any of the purposes

mentioned in the above paragraph, may take it for SANRAL or authorise

SANRAL to take it;

the right to use land temporarily for any of the purposes for which the

Minister is competent to expropriate land under the above paragraph, may

take that right for SANRAL or authorise SANRAL to take that right.


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However, the said Minister may not exercise a power to expropriate land unless

satisfied on reasonable grounds that SANRAL is unable to acquire the land or

anything mentioned in the above mentioned paragraphs, or the right to use the

land temporarily, by agreement with the owner of the land or the holder of any

relevant right in respect of the land, as the case may be.

The process for expropriation is time consuming and can take up to 6 months to

conclude from the date the landowner formally rejects the final offer of

compensation in respect of the land to be acquired. The process comprises the

approval of the SANRAL Board, as well as Ministerial approval before an

Expropriation Notice can be served on the relevant landowner. By law the

Expropriation Notice must make allowance for a “reasonable period” for the

landowner to vacate the land which is being expropriated. Therefore, in the case

of an expropriation, access to site is only obtained once the said “reasonable

period” has lapsed (i.e. normally sixty days from the date the Notice is served on

the landowner). The only legal recourse available to the landowner is the right to

contest the compensation amount in an appropriate Court of Law.


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5.12 Sub-division of Permanently Acquired Land Summary of Activity

Undertaken By: SANRAL’s Survey Service Provider Predecessor Activities Cadastral Key-plan

Land Acquisition Key-plan Acquisition Plans Acquisition Negotiation – Signed

Agreements. Primary Output of Activity Approved SG Diagrams

Boundary Certificate Estimated Duration of Activity 6 - 24 months


performance of Organs of State for the procurement of the necessary consents and the performance of the respective offices of the Surveyor General.

The sub-division process is attended to by SANRAL’s appointed Survey Service

Provider and is dealt with in terms of the provisions of the Land Survey Act, (Act

8 of 1997), read with the regulations published thereto. Upon obtaining a signed

Purchase Agreement, or as soon as the expropriation process in respect of

required land has been concluded, SANRAL’s Land Portfolio Service Provider will

instruct the Survey Service Provider to sub-divide the affected land as SANRAL’s

Purchase Agreement for the acquisition of land on a permanent basis, as well as

the Expropriation Act, 1975 (Act 63 of 1975), provide for the sub-division of the

land at the cost of SANRAL.

This process normally does not hold up any construction, save to say that an

approved Surveyor General Diagram is required for the transfer of the land and

(in terms of the Alienation of Land Act, 1981) the compensation amount (that is

paid out to the Conveyancing Attorney) may only be paid over to the landowner

once the property has been registered.

In order to compile an SG Diagram required for the sub-dividing of a property, it is

essential to accurately determine the position of both the old and the new

cadastral boundaries.


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5.12.1 Defining the New Cadastral Boundary

The new cadastral boundary is fundamentally determined by the engineering

design, which also defines the additional land requirement. It follows that the

sub-division boundary will be on the designed new road reserve boundary.

If a new fence has been erected at the time that the sub-divisional survey is

undertaken, it is of the utmost importance to ascertain whether the fences has

physically been erected within 0.5 meter of the designed road reserve boundary

as that is the maximum tolerance that is allowed for by law. A further provision in

this regard is that the position of the new fence in relation to the designed

boundary may not result in a difference of more than 10% in the extent of the

area that was acquired by SANRAL for road reserve purposes and the extent of

the area that was actually utilised for the said road reserve. It is important to note

that SANRAL is both contractually [in terms of the Purchase Agreements entered

into between SANRAL and the landowner] and legally [in terms of the

Expropriation Act, 1975 (Act 63 of 1975)] limited to the said 10% margin.

Should SANRAL require any land over and above this 10% margin because the

new fence was not erected in the correct position, it would require the compilation

of new land Acquisition Plans, new Acquisition Documentation and further

negotiations re the compensation for the additional land, before the land can be

sub-divided. In some instances the additional land can be purchased at the

previously agreed to terms regarding compensation, but it will still result in time

delays and SANRAL incurring unnecessary costs. In such instances, the Land

Surveyor will refer the case to SANRAL who, in conjunction with its Survey

Service Provider and Land Portfolio Service Provider, will then determine the new

cadastral boundary and identify additional land acquisition requirements. The

result hereof could be significant delays in the sub-division of the land and what

can be considered to be fruitless expenditure in having to re-do all the previous

work. Sufficient control over the erection of any new fences during the

construction period is therefore critical as SANRAL may well recover such

fruitless expenditure from the guilty party.


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The Land Surveyor will reference the new cadastral boundary physically on the

ground in accordance with the provisions of the Land Survey Act, 1987 and

SANRAL and the adjacent landowner will be issued with a Boundary Certificate.

5.12.2 Defining the Old Cadastral Boundary

Determining the old cadastral boundary of the road reserve is more complex and

involved than the determination of the new cadastral boundary. Since 1998,

SANRAL has embarked on a process to sub-divide all properties affected by

national roads. In the case where a national road had been sub-divided prior to

the construction or upgrading thereof, the old cadastral boundary will already be

accurately defined. However, in the event that the sub-division of a particular

route has not been undertaken as yet, the existing road reserve boundary must

firstly be defined accurately. This action (in most cases) requires a

comprehensive cadastral investigation with the objective of matching –

the historic land acquisition data in respect of the existing road reserve

boundaries;

the available data relating to the new road reserve;

all available road declarations;

the definition of the boundary fence on the ground; and

the cadastral boundaries of the road and adjacent properties.

The road reserves of national roads are defined by Declaration based either on

defined co-ordinates or on description. The latter is particularly applicable to

former provincial roads that have been incorporated by SANRAL into the

strategic national road network (also see Item 5.4.2.1). In the case of a

descriptive declaration, the rule of thumb is that the existing fence constitutes the

definition of the prevailing road reserve, taking due cognisance of the cadastral

boundaries and proclaimed road reserve width. Any anomalies found between

an existing fence’s surveyed position and the declared co-ordinates in respect

thereof, can be ascribed to the fact that either -

the fence was not erected in the position as defined by co-ordinates; or

the periodic adjustment and re-fixing of the South African Trigonometric

Network following technological advancement in terrestrial and geodetic

survey measurements, resulted in small differences between the old and/or


93

published coordinate value of the boundary and the newly surveyed value

of the said boundary.

If there is not an existing fence or any indication of where a fence had been

erected, the definition of the road reserve shall be determined in conjunction with


If the extent of the area reflected on an Acquisition Plan differs by more than 10%

with the extent of the fenced or declared area, an investigation needs to be

undertaken to determine whether additional land has to be acquired before the

sub-division can be finalised.

5.12.3 Sub-divisions through Towns

It is very important for Consulting Engineers to note that the sub-division of roads

passing through towns, will be subject to the affecting of administrative “street

closures” of all municipal roads intersecting the particular section of the national

road. Since this is either very onerous or nearly impossible in the majority of

cases, it is not advisable to acquire additional land in towns. Should this,

however, be required, it is imperative that the matter be discussed with SANRAL

and its Service Providers prior to the finalisation of the engineering design.

5.12.4 Programming of the Sub-divisional Surveys

SANRAL’s Purchase Agreement in respect of the acquisition of land on a

permanent basis, as well as the Expropriation Act, 1975 (Act 63 of 1975),

provides for the sub-division and transfer of acquired land at SANRAL’s cost.

Sub-divisional surveys should therefore be undertaken as a matter of priority as

soon as possible after a signed agreement for the acquisition of the land has

been procured, or the land has been expropriated. Experience has however,

shown that is usually preferable to undertake the sub-division of the land only

once the construction of the road has been finalised, because of constant

changes to the road reserve being made during construction to cater for design

changes. If changes are foreseen during the construction period, it is critically


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important that the Consulting Engineers must advise SANRAL and its Service

Providers in order to eliminate the duplication of costs relating to land acquisition.

Although it is generally preferable to only deal with the sub-dividing of acquired

land once the construction work has been completed, there are two risks that

have to be considered.

Firstly, the release of the compensation monies to landowners may, by law,

only take place after the successful sub-division and transfer of the land.

Delays in this process may therefore result in tension between the

Contractor and the affected landowners.

Secondly, access to site may have been granted subject to the sub-division

and transfer of the affected land within an agreed to period. If this period is

exceeded for any reason, either the granting of access to site, or the sale

itself, or both, of may be placed in jeopardy.

5.12.5 Servitude Surveys

Cadastral surveys required for the registration of new servitudes or the re-

alignment of existing servitudes, will be done by SANRAL’s Survey Service

Provider at the same time that sub-divisional surveys in respect of the particular

section of national road are programmed. Should any such surveys require

prioritising, the Consulting Engineer must inform SANRAL and its Survey Service

Provider to ensure that all contractual obligations are met, access to site is

guaranteed, etceteras.


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5.13 Conveyancing Summary of Activity

Undertaken By: SANRAL’s Land Portfolio Service Provider Predecessor Activities Signed Purchase Agreements

Approved SG Diagram Primary Output of Activity Registered Title Deed for property acquired

Updated Land Register Estimated Duration of Activity 3 – 5 months

Qualifications This process is dependant on performance by

Municipalities, Bondholders and Registrar of Deeds

The conveyancing process is over seen by SANRAL’s appointed Land Portfolio

Service Provider. Conveyancing or transfer of land from the landowner into the

name of SANRAL, is an administrative task governed by legislation and usually

follows the conclusion of the construction phase. The process involves the

appointment of a Conveyancing Attorney (which can also be nominated by the

landowner from whom the land is acquired), the procurement of Rates Clearance

Certificates from Municipal Authorities, the procurement of Release Approvals

from Bondholders and the lodgement of the approved SG Diagram and legal

documentation at the office of the applicable Registrar of Deeds.

Following various phases within the process, as well as upon registration of the

property in the name of SANRAL, the Land Portfolio Service Provider will update

the SANRAL Land Register. However, the Conveyancing Attorneys will only be in

a position to release the relevant compensation monies to the landowner once

the actual registration of the land in SANRAL’s name, has been finalised.


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6 TYPICAL PITFALLS ENCOUNTERED DURING THE ACQUISITION OF LAND

The typical pitfalls described in this section, are based on actual recorded cases.

Some of the information has been exaggerated slightly for illustration purposes,

as well as to elicit discussion. The typical pitfalls discussed hereunder are in no

way a comprehensive list of the mistakes that can be made during the process of

acquiring land, but should be considered as the most common and frequently

made mistakes that should be avoided. All attempts were also made to omit any

reference to any person or Company.

6.1 Acquiring land that has been developed

6.1.1 Improvements and Developments

In the example below, outdated aerial photography was used to generate line

mapping and a DTM for design purposes. This particular case involved the

acquisition of land (Depicted in blue on the Aerial Photograph) for the purpose of

the realignment of a section of road in order to enhance its horizontal geometry.

A problem arose as at the time the aerial photograph was taken, the visible

structures were captured as uninhabited ruins. By the time the Valuers arrived

on site, the “ruins” had been converted into a Restaurant and residential homes.

A windmill on the land to be acquired had been declared as a National Heritage

Site and had been renovated to serve as a tourist attraction. Although the

Contractor was already established on site, a re-design had to be done and a

particularly onerous negotiation with the landowner had to be entered into.


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Solution:

Always use up-to-date topographical or photogrammetric survey data for

the design. Should this be impractical, or not cost effective, the use of the

survey data shall be subject to its validation on site;

Identify and record the developments on land comprehensively during the

preparation of the Property Report. Improvements and other related items

that add value to property should be carefully considered during the design

phase of roads. Small improvements to a design can sometimes save

millions of Rands in compensation;

Alternative design solutions must be considered prior to the finalisation of

the acquisition process. This includes the compiling of a cost comparison

between alternatives; and

Farming units, developable land and industrial property are particularly

prone to large compensation amounts. Roads should be designed in such

a way to always minimizing the impact on the required and adjoining land.

6.1.2 Boreholes and other Water Sources

Photogrammetric and topographical survey will only

identify visible services and boreholes. Acquiring land

upon which a water source exists may seem trivial, but the

water source may well be the only available water source

on a farm. This may well have the effect that the whole

farm will have to be acquired or, alternatively, that very expensive drilling and

hydrological test will have to be performed in order

to replace the water source. Water sources are

also subject to statutory approvals from the

Department of Water Affairs and this process may,

in itself, result in delays in the acquisition of the

land. It is extremely important to ascertain the

amount drawn and frequency of use of any water

source, together with the details of its exact use.

Logically, a water source used for 5 cows will

obviously have less of an impact than a water source used for a few thousand

cattle. It will also be different if the water source is being used for irrigation

purposes and the type of crop being irrigated may also influence decisions.


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Affecting water sources used by rural communities can also

have serious time implications on the finalising of the

acquisition process. The relocation of these water sources are

subject to approval processes involving several Authorities and

a new water source may have to be established before the

original water source can be destroyed.

Careful consideration should also be given to how a water source is to be

relocated or replaced. Provision can be made under the Construction costs, or

alternatively, compensation can be paid to the landowner. The choice of the

most appropriate mechanism must be based on time, costs and associated risks

(such as the liability to provide the same amount and quality of water). It is

advisable that this matter be addressed in the Property Report.

Solution:

Avoid if at all possible;

Identify and address the water sources comprehensively during the

preparation of the Property Report, including the method by which such

water source will be replaced or relocated;

Allow for more time in the acquisition process to obtain access to site.


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6.1.3 Graves

The existence of graves on land that has to be

acquired, is not always established by visual

inspection alone. It is important to note that graves

are protected by law and requires that the acquisition

of the land on which the graves are located, have to

be negotiated not only with the registered landowner,

but also with the relatives of the deceased. Any of the parties may refuse to have

the graves relocated. However, the relocation of the graves have to be facilitated

by the Contractor responsible for the construction as the relocation of graves are

considered to be part of the relocation of existing services such as power lines

and water pipes.

The identification of relatives of the deceased is

sometimes also problematic an before one can

continue with the process, an advertisement to the

effect that the graves are to be relocated, have to be

published in local newspapers for a specific period of

time. The culture of the deceased may also require

that certain rituals need to be honoured. The relocation of graves will obviously

have time and cost implications. Experience has shown that the identification of

a suitable grave site to which the deceased can be relocated, is also problematic.

The relatives of the deceased and landowners are often not in agreement with

the proposed relocation sites. Provision for the costs relating to the relocation of

the graves, must also be made under the Construction Contract in order to

ensure the timeous relocation thereof.

Solution:

Avoid if at all possible.

Identify and record the existence of graves comprehensively during the

preparation of the Property Report, including the obtaining of contact details

of the relatives of the deceased.

Allow for the costs of relocating the graves under the Construction Contract.

Allow for sufficient time in the acquisition process to procure access to site


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6.1.4 Mine Dumps and/or Mining Rights

Old Mine Dumps are often identified as a good source of material required for

construction purposes. However, it needs to be pointed out that in most of the

cases experienced to date, more than one Rights

Holder is involved which mean the acquisition of the

land and/or the material has to be negotiated with more

than one party. The acquisition is complex, time

consuming and sometimes even impossible.

With technological advancements in the mining industry, some of these mine

dumps are being re-worked and minerals are again being extracted from them.

In calculating the compensation for this material, cognisance of the potential and

best use of the material must be taken, which often

renders the acquisition very costly. The existence of

Mining Permits held by the Rights Holders, will also

require that compensation has to be paid for the material

and not only for the land.

In a case of alluvial diamond mining in the North West Province, it was found that

SANRAL were required to first stockpile the required material, where-after

allowance had to be made for the Rights Holders to “mine” the material for

alluvial diamonds and then stockpile the material some distance away on another

stockpile area, which had to be acquired in addition to the initial site. This had a

serious cost and time implication on the construction project.

Mining rights are seldom registered at the Registrar of Deeds and are mostly

registered in the Mining Commissioner’s Offices. The procurement of copies of

the relevant documentation is extremely difficult and

time consuming. Unfortunately, the exact nature and

details of the registered mining right are required in

order to determine not only the quantum of the

compensation payable, but also to whom such

compensation is payable.


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Solution:

Avoid if at all possible.

Identify all Service Rights Holders during the preparation of the Property

Report, together with a clear indication of the processes and the duration

required to finalise the acquisition of the required land and/or material.

Identify any special conditions implied by the registered rights that may

require provisions to be made under the construction contract.

A preliminary valuation is required in order to do a cost comparison

between alternative material sources.

Allowance may have to be made for the cost of acquiring the material under

the Construction Contract.

Allow for additional time to conclude the acquisition process and to procure

access to site.

6.1.5 Planned Developments

Virtually every landowner has either planned or may suddenly start planning to

develop in one way or the other, the land that has to be acquired. With reference

to Item 5.11.2.1 (i) above, the potential and best use of required land must be

identified and hence, compensated for. This principle is subject to the provisos

that the potential and best use are -

financially feasible;

economically feasible;

practically feasible; and

legally feasible.

However, compensation in respect the potential and best use can only be

considered upon satisfaction of the above criteria. Therefore, the landowner has

to provide documentation, plans, all applicable statutory approvals, rezoning

approvals, etceteras, before the said compensation can be based thereon.

Direct quantifiable costs (such as planning costs and professional fees) will then

have to be considered as actual financial losses and landowners will have to be

duly reimbursed.


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Solution:

Avoid developed or developable land if at all possible. Alternative design

solutions should be considered if the planned development has progressed

substantially.

Identify and address any planned developments comprehensively during

the preparation of the Property Report, including the procuring of all

relevant documentation and plans.

Allow for more time to finalise the acquisition process and to procure access

to site.

6.1.6 Informal Settlements and/or Illegal Occupation

Since 1994, in an effort to rectify tenure issues resulting from past discriminatory

laws, various Acts that bestow “informal rights” on various categories of people,

has been promulgated. It follows that

occupants on land that has to be acquired may

have rights which need to be taken into

account. The process to relocate these

occupants is dictated by legislation and is

extremely time consuming and costly. Legally

alternative accommodation has to be provided before even illegal occupants can

be relocated. The provision of alternative accommodation lies within the

competency of Local Municipal Authorities in conjunction with the Department of

Housing. In most instances, the Local Municipal Authorities have a waiting list for

the provision of what is commonly referred to as RDP houses. The only way

alternative accommodation can therefore be procured, is to register a housing

project specifically with the objective of relocating the illegal occupants, but this is

subject to obtaining the following:

Municipal and Department of Housing approvals and consent to fast track

the housing development application and the implementation thereof.

Securing a budget allocation for the housing project.

Securing land on which the housing development project can be

established.

The appointment of a professional team for the design of bulk services and

reticulation within the housing development scheme.


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The undertaking of, and lodgement of Environmental Impact Assessments.

The appointment of a Developer and Contractors for construction.

Whilst the availability of “off-the-shelf” housing project proposals within the

specific Municipal Authority may speed up some of these processes, the

provision of alternative accommodation may take a long period to complete and

SANRAL will be required to bear the actual relocation costs (including transport

and labour).

Solution:

Avoid such areas where ever possible. If it can not be avoided, SANRAL

should be notified immediately of the existence of the occupants and

informal rights holders.

Identify and record all occupants on the affected land comprehensively

during the preparation of the Property Report, including the identification of

possible alternative accommodation if the land is occupied illegally.

Allow for substantially more time to finalise the acquisition process and to

conclude access to site.

6.1.7 Old Borrow Pits

Sources of material required for construction purposes, are scarce and with the

ever increasing demand to complete design processes in a shorter period of time,

Consulting Engineers often revert to previously identified or existing provincial or

municipal material sources instead of identifying new borrow pit and quarry sites.

Often, a new borrow pit or quarry is designed to be directly adjacent to an old

municipal or provincial material source. Whilst this approach certainly expedites

the identification of a material source, the following must be noted:

Notwithstanding any practises of the past, current laws stipulate that

materials may not be sold unless the landowner is in possession of a permit

which confers upon him or her the right to the minerals or materials that are

required for road building purposes. However, it has been found that in the

past, other Authorities who had a disregard for the above mentioned

legislation, had incorrectly compensated several landowners for material

per cubic meter. As SANRAL can not deviate from what is legally correct, it


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may be quite possible that a landowner, who has previously been paid per

cubic meter, will refuse to accept the compensation offered in accordance

with the correct formulas. This may then result in SANRAL having to revert

to expropriation of the required land in order to obtain access to the

required material.

The rehabilitation of the old material source will most likely be attached as a

condition imposed by the relevant landowner, or a requirement in the

approval of the EIA or EMP to be issued by the Department of Mineral and

Energy Affairs.

If it so happens that rehabilitation of a previously mined material source is a

condition or requirement relating to the approval for the further mining of the

source, or other improvements or rights (such as a water source) are

attached to the affected land, it may be difficult or very costly to reinstate

these rights, or may even render the source uneconomical.

If any material is to be mined from the old material source, the required area

within the old material source must be included within the defined

boundaries of the new borrow pit or quarry. However, in such instances the

rights of other Rights Holder may be affected and the intended acquisition

will also have to be negotiated with third parties to whom compensation

may also have to be paid.

Solution:

Ensure that the basis for compensation is complyant to relevant legislation.

Identify and address the rehabilitation of the old material source, as well as

the current and future use thereof, in the Property Report.

Provide for the rehabilitation of the old material source under the

construction contract.

Should a previously mined borrow pit or quarry be required for further

mining, the consent of the relevant Authorities and also (where applicable)

the holders of rights to the material in the borrow pit or quarry, should be

sought. All relevant information pertaining to the contract details and

processes to be followed, must be recorded in the Property Report.


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6.2 Acquiring land within a Sectional Title Scheme

When land that is subject to sectional title is to be acquired, it must be borne in

mind that the Body Corporate is, in terms of law, the juristic person with whom

the acquisition is to be negotiated. However, a Body Corporate is not able to

conclude a land transaction without it having been referred to and approved by

all the owners of the relevant sectional titles during a Special General Meeting

that was called specifically for the purpose of considering the said transaction.

This (more often than not) either substantially prolongs the period required to

finalise the required land acquisition, or simply makes it impossible to conclude.

Solution:

Avoid such land if at all possible. The more sectional title holders own

rights within the property, the longer it will take to conclude the acquisition.

Obtain all information concerning contact details of the Body Corporate,

ascertain the number of sectional title holders and an indication of the

improvements, as well as other rights that the Body Corporate or specific

sectional title holders may hold and include same in the Property Report.

6.3 Acquiring State Owned Land

As was referred to in Item 3.2.3 above, the difficulty in acquiring State owned

land lies in the time it takes to alienate land owned by the State as very lengthy

approval procedures are involved. In terms of the Constitution of the Republic of

South Africa, 1996 (Act 108 of 1996), land also needs to be “vested” (i.e. to

confer the right to a specific property) in a specific State Department or Entity

before it can be alienated. The first problem lies in the identification of the actual

User Department of the affected land and the obtaining of their approval for the

acquisition of the land. Where vesting has not taken place, this process must first

be completed before a decision can be made or approval can be granted for the

alienation of the land. This is a very lengthy procedure that must go through the

various Land Disposal Committees. The Minister of the Department of Land

Affairs needs to sign a Section 28(1) Certificate in order to give effect to the said

vesting. This in itself, is an extremely lengthy process. Designers are well

advised to be mindful of this and to avoid such land if at all possible.


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If this is not possible, the current or intended use of the affected land needs to be

established and taken into account, especially as projects initiated by

Government in the interest of the public good, or to give effect to legislation or

Government goals, could negatively impact on the availability of the land.

Specific care should especially be taken where land is used or earmarked for the

following:

Land Reform;

Land Reform for Agricultural Development (LRAD);

Housing projects;

Defence or Police Services;

Research (including land belonging to the Agricultural Research Council);

Schools

In the case of Municipal owned land, it must be noted that the Municipal Officials

must firstly obtain a Council Resolution whereby permission is granted that the

land in question can be alienated and the necessary authority is delegated to a

specific official (normally the Municipal Manager) to negotiate the compensation

and sign the relevant Acquisition Documentation on behalf of the Council.

Experience has shown that this can be a lengthy process and a lot of time is

taken before negotiations are concluded.

Solution:

Avoid such land where-ever possible. If it can not be avoided, SANRAL

should be notified immediately that some form of State owned land is

affected with full details of the relevant Authorities that will be involved in the

land acquisition process.

Provide full details of the relevant processes that have to be followed during

the acquisition of the land, in the Property Report, including contact details

of all personnel from the relevant Authorities that may be involved with the

afore-mentioned processes.

Allow for substantially more time to finalise the acquisition process and to

conclude negotiations to obtain access to site.


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6.3.1 Acquiring land under Tribal Control

As was mentioned in Item 3.2.4 above, there is often a lack of legal clarity,

overlapping laws and procedures and general legal confusion in areas under

tribal control. This is mainly due to the complexity of the procedures to be

followed and lack of clear demarcation of responsibilities that exist in these areas.

Therefore, Consulting Engineers should as far as possible, not include tribal land

as part of their design. The Consulting Engineer should pre-warn SANRAL to set

measures in place to acquire such land if it is required. Furthermore, Consulting

Engineers should ensure that their design proposals are available well in

advance in order to allow for sufficient time in which the various legally required

meetings with the Department of Land Affairs, the Traditional Leadership, the

Community and the affected persons can take place. Provided that cadastral

information, etceteras is available, the acquisition of Tribal Land takes at least

twelve to 18 months to finalise. Acquiring this type of land can seriously hamper

construction works as vacant possession cannot be given to a Contractor before

all formalities have been not been concluded.

Solution:

Avoid Tribal owned land where-ever possible. If it can not be avoided,

SANRAL should be notified immediately that such land is affected and full

details of the relevant Authorities involved, must be provided.

Provide full details of all processes that must be followed, in the Property

Report. Contact details of all the responsible officials from the relevant

Authorities that are involved with the processes, must be provided where

possible.

Allow for substantially more time within which the acquisition process can

be conclude and access to site can be arranged.


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6.4 Acquiring land without Access

6.4.1 Land severed without Access

As stated in Item 5.4.6 above, due care and diligence must be exercised by the

Consulting Engineer to ensure that all land parcels adjacent to the national road,

can obtain access from either the relevant national road, or a provincial or

municipal road or by way of a registered right-of-way servitude. Failure to

address access to properties during the design phase, will delay construction

until the relevant acquisition negotiations are completed.

It is again be reiterated that the Surveyor General will not approve any sub-

division of land without satisfying himself that sufficient access is provided to

each property being sub-divided.

Solution:

Address access issues to all land parcels along the national route, during

the design phase.

Validate access designs in collaboration with the affected landowners and

record all agreements or conditions agreed to, or problems identified, in the

Property Report.

6.4.2 Acquiring Borrow Pits or Quarry Sites without Access

With reference to Items 5.4.3 and 5.4.5 above, it is imperative that access is

provided to each Borrow Pit or Quarry. The existence of an existing access road

does not necessarily mean that the said access road does not have to be

acquired. The only time an access road does not have to be acquired, will be

when a Borrow Pit is directly adjacent a National or Provincial Road and access

can be obtained to the Borrow Pit directly from the road reserve of the said

National or Provincial Road.

The use of an existing farm road to obtain access to the required site, must be

discussed with the relevant landowner(s). It is important to note that the right to

use the access road for a specific period of time, will still have to be acquired by

SANRAL thereby providing the Contractor with a legal right to use the access


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road. Matters pertaining to the fencing of the access road, access control, dust

control, maintenance activities, frequency of use and (if applicable) rehabilitation

of the road by the Contractor, must be agreed upon between the Consulting

Engineer and the landowner(s). In the majority of cases where existing access

roads have been identified to provide access to borrow pits, compensation had to

be paid for direct losses incurred by the landowner due to the haulage of material

across farm access roads as such access roads were key to the agricultural

activities on the property.

Solution:

Ensure that access is provided to each material source. If uncertain,

contact SANRAL or its Service Providers for clarification.

Validate the access designs and evaluate the location thereof in

collaboration with the landowners and record all findings and agreements

during the Property Report phase.

6.4.3 Acquiring Borrow Pits or Quarry Sites with access over adjacent property (different landowner)

Whilst it may make sense from an engineering and cost perspective to align

haulage roads across two or more cadastral boundaries, experience has proven

this to be problematic. It is difficult to facilitate agreement between adjacent

landowners on the alignment of these haulage roads as what may seem like a

perfect solution for one landowner, may affect another landowner detrimentally.

The alignment of access roads across cadastral boundaries, requires the

preparation of an acquisition plan and documentation for each affected property,

thereby increasing the lead time in the preparatory phases before the land

acquisition can be negotiated and concluded.

Solution:

Avoid aligning haulage roads across two or more cadastral boundaries if at

all possible.

Validate the access designs and evaluate the location thereof in

collaboration with the affected landowners and record all agreements or

identified problems in the Property Report.


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6.4.4 Acquiring an Inappropriate or Unfeasible Access Road

In the example below, an access road to a Borrow Pit was designed using the

existing farm access (depicted in blue). During negotiations the landowner (rightly

so) insisted that compensation for the relocation of his house and the provision of

new accesses to his new house and other affected infrastructure, should be

included as direct losses resulting from the land acquisition. Further

investigations revealed the existence of another existing access road (which is

depicted in red) to the said borrow pit. This access had much less impact on the

landowner and his agricultural activities and was also substantially shorter in

distance for haulage purposes. Consequently the alternative access road had to

be surveyed, new acquisition plans had to be drafted and revised acquisition

documentation had to be prepared before the negotiations could be concluded

and access to site could be obtained. All of which resulted in a substantial and

unwanted delay in accessing the site.

In the second example below, a short access road (indicated in red) was

designed to a borrow pit in fairly a straight line directly from the existing national

road. During the acquisition negotiations, the landowner pointed out that the

proposed access road traverses over extremely difficult topography, including a

very steep ridge. Following investigations and cost estimations to cut through

this ridge in order to construct the haul road, the access road had to be re-aligned

to a new position. The alternative access road had to be firstly surveyed, new

acquisition plans had to be drafted, and revised acquisition documentation had to

be prepared before the negotiations could be concluded and access to site

obtained.


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The above two scenarios both resulted directly from the fact that the initial access

roads were designed as part of desktop exercises without site visits having been

undertaken.

Solution:

Validate the access design in the field and establish the location thereof in

collaboration with the landowners and record all agreements or findings in

the Property Report.

6.5 Acquiring land without prior or proper technical consultation with landowners

Whilst the risks associated with not having any or proper technical consultations

with affected landowners, are appropriately addressed in the Items dealing with

the preparation by the Consulting Engineers of a Property Report, it can not be

overemphasized that failure to consult with all affected landowners during the

design phase, will result in time delays in securing access to site. Experience

has shown that in most instances where problems were experienced in acquiring

land within the allotted time, the problems could have been addressed by either

alternative design solutions, or provisions within the design at a very early stage.

Alternatively the delays could have been minimised by proactive identification of

such problems.

Solution:

Address all technical issues comprehensively within the Property Report

during the design phase.

Consult with landowners in detail concerning the proposed design.


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6.6 Inappropriate Quality Control re the respective design components dealt with by different role players within a Consulting Engineering Joint Venture

More often than not, the geometric design is divided amongst partners in a

Consulting Engineering Joint Venture. Without stating the obvious, sufficient

control over the design is required to ensure the exact integration of all design

components with one another. The submission of the design data in batches

over a period of time, hampers the identification of possible errors in the design,

such as data sets not aligning with one another (see example below). A vast

amount of work is consequently processed before these errors are identified.

This will result in a duplication of work, which obviously has a time and cost

implication, as well as a detrimental affect on the entire land acquisition process.

Solution:

Ensure sufficient control over the integration of design data sets prior to

same being submitted to SANRAL’s Service Providers.

Example of Design Data Sets submitted by different Consulting Engineers in Joint

Venture, but they were not properly integrated with each other as a whole.


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6.7 Acquiring land without any or proper Cadastral Boundary Consideration

6.7.1 Cadastral “Islands”

The example below illustrates the acquisition requirement defined by Consulting

Engineers for an at-grade intersection between a national and provincial road.

An “island” (labelled “B” and depicted in red) is enclosed within the area to be

acquired (labelled “A” and depicted in green), but excluded from the acquisition

requirement. The problem is that apart from the creation of an area which can

not be accessed for any maintenance activities by the Provincial Authority, the

Surveyor General will not approve the sub-division of land. The required land will

therefore not be transferable into SANRAL’s name.

Solution:

Avoid the creation of “islands” (land-locked parcels) that are excluded from

the land acquisition requirement;


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6.7.2 Acquiring Borrow Pits or Quarries across Cadastral Boundary

Due cognisance has been taken of the fact that (in many areas) sources for the

obtaining of road building material, are scarce. However, the risk in designing

Borrow Pits or Quarries across cadastral boundaries, lies in the fact that

negotiations need to be concluded with more than one landowner. Any one of the

affected landowners may refuse to agree to the terms of the proposed temporary

acquisition. Practical concerns (such as the specific impact, access control and

security on each of the affected properties) also need to be taken into

consideration. This approach also duplicates the effort and time required to

secure access to the required site.

As existing fences are not always erected on the exact cadastral boundaries, a

practical arrangement in this regard would be to refer the designed borrow pit

boundaries to SANRAL’s Survey Service Provider for consideration in terms of

the cadastral boundaries and to (if possible) amend the designed boundaries to

ensure that the entire required area falls within the cadastral boundaries of one

property.

Solution:

Avoid encroaching on cadastral boundaries if at all possible.

Consider Cadastral Boundaries when designing/determining Borrow Pit and

Quarry boundaries.

If it can not be avoided, the matter should be addressed comprehensively in

the Property Report and any potential problems that may be experienced

during the acquisition process, must be highlighted. Sufficient time should

be allowed to finalise the acquisition process.


115

6.7.3 Acquiring land without considering Cadastral Boundaries

The example below illustrates a typical scenario where the alignment of the new

road reserve creates a thin sliver of land between the new road reserve boundary

and the cadastral boundary. The following flags should be raised in this regard:

Access to these slivers of land is in most cases impossible and/or

impractical. Furthermore, these slivers of land are of no use to the

registered owner and can not survive as an independent economical unit.

The most appropriate course of action would be to either include the sliver

as part of the road reserve, or to acquire the slivers of land as severed land.

SANRAL will be unable to sub-divide the road reserve leaving a sliver of

another property. The sub-division of the road reserve will therefore either

be subject to the inclusion of the sliver as part of the road reserve, or the

consolidation of the sliver of land with the adjoining property.

The acquisition and consolidation of such a sliver of land with the adjoining

property will (in turn) be subject to SANRAL’s policy regarding the alienation

of land and related legislation, which fundamentally requires a transparent

process. (Surplus land is normally offered for sale in the open market to the

highest bidder.)

In similar cases, SANRAL’s Land Portfolio Service Provider and Survey

Service Provider must be involved at a very early stage in order to assist

with the defining of the road reserve boundary, as well as to ascertain the

most suitable approach regarding the acquisition of the land.

Example illustrating the creation of a thin liver of land between the New

Road Reserve Boundary and adjacent property’sCadastral Boundary.


116

In the next example an Access Road is required to a borrow pit. The design of

the Access Road is of such a nature that it traverses twelve different properties.

It follows that the effort (and hence the risk, costs and time) required to acquire

the right to use the affected land is multiplied twelvefold. This particular problem

arose from the fact that the cadastral boundaries were not fenced in accordance

to the registered cadastral boundaries.

Example illustrating an Access Road that traverses many Properties.

Solution:

Avoid this situation if at all possible.

If it can not be avoided, the definition of the new road reserve boundary

should be determined in conjunction with SANRAL’s Survey Service

Provider and Land Portfolio Service Provider and the matter should be

addressed comprehensively in the Property Report. Any anticipated

problems that may be encountered during the acquisition process, must

also be identified.

Allow for more time to finalise the acquisition of the right to use the required

land.


117

6.8 Using the incorrect Survey Projection Datum

Problems being experienced in this regard, are mostly ascribed to -

inadequate communication between Joint Venture partners regarding the

engineering design parameters;

the use of outdated survey data that is not transformed from Cape Datum

(Clark 1880) to WGS 84 Datum;

the use of As-built data which is still in Cape Datum;

incorrect recording or omitting to record the Survey Projection Datum on

the design data being submitted; and/or

not compliance with the specifications relating to the sub-mission of design

data (see Item 5.6.1 above).

The submission of the design data in batches prevents the identification of

possible errors due to the design data being on different Survey Projection

Datum. The result hereof is that a vast amount of work can potentially be

processed before these errors are identified and this could have a huge time

wasting and cost implication.

Example illustrating the use of incorrect Survey Projection Datum.


118

Solution:

Avoid using the old Cape Datum as far as it is possible.

If Cape Datum (Clark 1880) is used on a project for whatever reason,

SANRAL and its Service Providers must be informed in writing at the outset

of the project.

All survey data and design data must reflect the Survey Projection Datum,

which must be notated in the correct manner.

6.9 Placement of Borrow Pit or Quarry Boundaries in relation to Land Use on the property as a whole

The example below serves to inform Consulting Engineers that the designs of the

boundaries of borrow pits and quarries must minimise the impact on the

remainder of the property (such as locating a borrow pit in such a way to render

large parcels inaccessible for agricultural activities). Failure to take this into

consideration will result in high compensation in as afar as financial losses are

concerned. It is imperative that whilst preparing the Property Report, the location

of the borrow pit is assessed in collaboration with the landowner in order to

identify, address and minimise the impact thereof on the remaining property.

Example illustrating the incorrect placement of Borrow Pit/Quarry boundaries


119

Solution:

Carefully consider the placement of a borrow pit or quarry in relation to the

property as a whole, including access to portions of property directly

adjacent to the proposed site;

Validate the access provisions and evaluate the location of the borrow pit or

quarry in collaboration with the landowners whilst preparing the Property

Report.


120

7 ANNEXURES

7.1 ANNEXURE 1: Flow Chart of the Land Acquisition Process


121


122


123


124


125

7.2 ANNEXURE 2: Extract of a Declaration done on Co-ordinates


126


127


128

7.3 ANNEXURE 3: Extract of a Declaration done on Description


129

7.4 ANNEXURE 4: Example of Acquisition Plans

7.4.1 Notes to Annexure 4A and 4B 1 Property case file number allocated by Land Portfolio Service Provider 2 Acquisition Key Plan number allocated by Survey Service Provider

3 Acquisition Plan Number. Unique to each land acquisition case. Number format G/2/066/13/1A in which G = Type of Acquisition, /2 = Route, /066 = District No, /13 = Property No on Route within specific District, and /1A = Plan & Revision No

Type of Acquisition: “G” = Borrow Pit or Quarry “O” = Permanent Acquisition, Road Reserve “DP”= Access Road 4 Route and Section Reference 5 Description of Construction Start and Termination point 6 Description of area to be acquired 7 Cadastral Property Description 8 Magisterial District name 9 Registered Landowner

10 SG Diagram No of property

11 Title Deed no of property

12 SANRAL Approval

13 Total Area to be acquired for purpose of Borrow pit

14 Total Area to be acquired for purpose of Access Road

15 Sketch indicating the area to be acquired in relation to the immediate cadastral boundaries. Sketch is to scale.

16 Size of affected property on which required land is situated as per Title Deed

17 Legend – Intended use of land to be acquired

18 Legend – Current land use of land to be acquired

19 Detail Description of area to be acquired. Details and sizes of each respective area to be provided. Also details with regard to previous acquisitions or expropriations to be stipulated here

20 Co-ordinates of all boundary points.

21 Inset on smaller scale to present details of acquisition to much smaller scale for ease of interpretation.

22 Reference to the Surveyor who drafted the Acquisition Plan


130

7.4.2 ANNEXURE 4A: Acquisition of a Borrow Pit

1 2 3

4 5

6

7

9

12

8

10

11

13 14

15

16

17


131

18

19

20

21

22


132

7.4.3 ANNEXURE 4B: Acquisition of additional road reserve for the upgrading of an existing National Road


133


134

7.5 ANNEXURE 5: Example of a Property Report


135

7.5.1 ANNEXURE 5A: Property Schedule Matrix

Case No

Land-Owner

No Property Intended Use Type of

Land Zoning Type of ownership Owner Contact Person Contact

Address Contact Tel

1

1

Ptn 2 Kalkoenkrans

Road Widening

Private Agricultural Trust William Peter Du Plessis Familie Trust W.P. Du Plessis PO Box 108,

Theunissen, 9410 Tel (057) 212-2571 or Cell 0828211053

2 Temp. Deviation

3 Ptn 6 Kalkoenkrans Road Widening Private Agricultural Company Gold Price Investments (Pty) Ltd W.P. Du Plessis PO Box 108,


4

2

Hakkies 742 Borrowpit Private Agricultural CC Jan Blom Boerdery cc J.H. Blom PO Box 275, Virginia, 9430

Tel (057) 212-2875 or Cell 0828200183

5 Hakkies 742 Access Road Private Agricultural CC Jan Blom Boerdery cc J.H. Blom PO Box 275, Virginia, 9430

Tel (057) 212-2875 or Cell 0828200183

6

3

Ptn 16 Virginia 15 Road Widening Private Agricultural Company Harmony Gold Mine (Pty) Ltd Gerrit Weideman PO Box 20,

Welkom, 9460 Tel (057) 901-7046 or Cell 0726597030

7 Milo 639 Road Widening Private Mining Company Harmony Gold Mine (Pty) Ltd Gerrit Weideman PO Box 20,



136

8 Milo 639 Access Road Private Mining Company Harmony Gold Mine (Pty) Ltd Gerrit Weideman PO Box 20, Welkom, 9460

Tel (057) 901-7046 or Cell 0726597030

9 Ptn 1 Tweepan 678 Road Widening Private Mining Company Harmony Gold Mine (Pty) Ltd Gerrit Weideman PO Box 20,


10 4 Leeuwkop 277 Borrowpit Private Agricultural Private Owner F.P.D. Jacobs F.P.D. Jacobs PO Box 243,


11

5

Ptn 2 Doornrivier Access Road Private Agricultural Trust Mandalay Trust J.H. Oosthuizen PO Box 404, Virginia, 9430

Tel (057) 212-6179 or Cell 0836326900

12 Ptn 3 Doornrivier Road Widening Private Agricultural Private

Owner J.H. Oosthuizen J.H. Oosthuizen PO Box 404, Virginia, 9430

Tel (057) 212-6179 or Cell 0836326900

13 6 Ptn 5 Doornrivier Road Widening Private Agricultural Trust Promus Agricola Trust G.C. Saaiman PO Box 408,

Virginia, 9430 Tel (057) 215-1233 or Cell 0833245231

14

7

Bloemhoek 509 Road Widening Private Agricultural Trust B.J.G. Stadtlander Familie Trust B.J.G. Stadtlander PO Box 300,

Virginia, 9430 Cell 0829009721

15 Bloemhoek 509 Temp. Deviation Private Agricultural Trust B.J.G. Stadtlander Familie Trust B.J.G. Stadtlander PO Box 300,


16 Ptn 1 Weltevreden 443 Interchange Private Agricultural Trust B.J.G. Stadtlander Familie Trust B.J.G. Stadtlander PO Box 300,


17 Ptn 1 Weltevreden 443

Road Widening Private Agricultural Trust B.J.G. Stadtlander Familie Trust B.J.G. Stadtlander PO Box 300,



137

18 Ptn 1 Weltevreden 443

Temp. Deviation Private Agricultural Trust B.J.G. Stadtlander Familie Trust B.J.G. Stadtlander PO Box 300,


19 8 Weltevreden 443 Road Widening Private Agricultural Trust Weltevrede Trust P.J. Pienaar PO Box 411,


20

9

Rem Doornrivier 330 Interchange Private Agricultural Private Owner J.M. Human J.M. Human PO Box 1174,


21 Rem Doornrivier 330 Severed Land Private Agricultural Private Owner J.M. Human J.M. Human PO Box 1174,


22 Rem Doornrivier 330 Severed Land Private Agricultural Private Owner J.M. Human J.M. Human PO Box 1174,


23 10 Ptn 2 Bloemhoek Road Widening Private Agricultural Trust Thabo Trust P. Nieman PO Box 412,


24 11 Rondehoek 200 Road Widening Private Agricultural Trust Etland Trust H.J. Geldenhuys PO Box 275,

Ventersburg, 9450 Cell 0834977527


138

7.5.2 ANNEXURE 5B: Property Report 1:50 000 Layout Drawing


139

7.5.3 ANNEXURE 5C: Property Report Design Drawings


140

7.5.4 ANNEXURE 5D: Property Report

PROPERTY REPORT

Property Description

(Insert property description)

Example - Portion 1 (a portion of Portion 35) of the Farm Kleinfontein 453 HS)

Portion 2 of Kalkoenkrans 225

(Insert province in which property is situated) Free State Province

(Insert size of full property in hectares) 856,5320 ha

(Insert Title Deed Number of property) T001864/2003

Owner details

(Insert Owner name)

In the event of A natural person/s include identity number/s A Company include the company number, A Closed Corporation include the CC number A Trust, the Trust Number.

William Peter du Plessis Familie Trust

Private Land held under Trust

Trust No : TMP 3288

(Insert contact details of owner)

This should include physical address, postal address and telephone / cell phone numbers

Address:

PO Box 108 Theunissen 9410 Tel: -

Fax: (057)-212 2571 / (051)-446 4469

Cell: (082)-821 1053

(Insert name of representative)

Please indicate any representatives that should be contacted (mostly in the cases of companies, trusts and CC’s) and/or the legal representative (Attorney) of the landowner.

Mr William Peter du Plessis

ID No: 610205 5055 006

Type of Land

(Insert the type of land)

Please also refer to the guideline document for types of land - in this instance it is important to note if the property is Tribal Land, Unalienated State Land, Agriculture, Residential, Commercial, Mining etc as it may influence the compensation to be paid.

Private Land held under Trust

Current Land Use - Agricultural

(Insert the zoning of the land if available) Agricultural


141

Required area and use

(Insert required area/size of property required) 0,404 ha

(Insert the use of which portion of property is required)

Example - road reserve, access road, borrow pit, quarry etc. In the event that more than one use is envisaged please indicate the required area/size for each use

Road Reserve

Drawing 21778/LA/10 = 0,103ha Temporary bypass

Drawing 21778/LA/10 = 0,301ha Total = 0,404ha

Improvement affected by acquisition

(Insert any and all improvement within the required area)

Please note that under this section improvements should not only be seen as structures but must also include such improvements as boreholes, electrical installations including sub terrainian installations any other movable improvements currently within the acquired area e.g. animal drinking troughs, borehole pumps etc. Also indicate the type of crops on the affected area if agricultural.

Improvements

Stock proof fence.

Type of crops

Maize.

Occupants

(Insert names and identity numbers of all occupants on the required area as well as the date from which they occupied the area)

Please be very meticulous as certain occupants may have rights in terms of various legislation of which the Extension of Security of Tenure Act is but one.

None.

Rights on property

(Insert any and all rights registered against the property) – This portion to be provided by Land Portfolio Service Provider

In this instance all rights registered against the Title Deed should be listed. This must also include any servitudes, Deeds of Restraints, Lease Agreements, Usufructuaries, Bonds, etc.

Servitude - Eskom.

Servitude - Sedibeng Water Pipeline.

Mining rights - Oryx Gold Holdings Limited

(Insert all rights suspected but not registered against the Title Deed)

In this instance the landowner must be interviewed to make sure that all other rights that may be applicable to the property are listed. Please be very meticulous in this regard and be especially vigilant as regards to mining rights or surface rights. Permits of whatsoever nature must also be indicated here.

The owner could not identify any such rights.


142

Access to property

(Insert a statement as to how access will be gained to the property)

In the event that access is negatively affected by the acquisition please indicate how access will be re-instated. Please indicate whether the access road has been discussed with the landowner and if the landowner is agreeable to such a solution. Also indicate whether the relevant Roads Authority has been contacted and approval been obtained if roads are re-aligned to ensure access.

Access will be gained at current access. Construction Contract to provide for upgrading work to Bell-mouth at current access.

Landowners request

(Insert the market value of the land that the landowner is requesting to be paid)

R6 000/ha - Ploughed fields (Dry lands)

(Insert any financial losses that the landowner is requesting as well as what such financial losses comprise of)

In this instance it is important to also note if the design of the road can be adjusted to minimise any of the financial losses that the landowner will experience.

None. No changes to be affected on design.

(Insert any further request that the landowner may have)

New fence to be erected before old fence is taken down.

Severed land

(Insert a statement if any land is severed or not) Property boundaries coincide with existing

road reserve. No land is severed.

(If severed, insert the approximate extent of land that is severed) Not applicable


143

7.5.5 ANNEXURE 5E: Signed Letter re Landowner’s Confirmation


144

7.5.6 ANNEXURE 5F: Supporting Documentation

WINDEED SEARCH


145


146


147

TITLE DEED


148


149


150


151


152

7.5.7 ANNEXURE 5G: Property Report Checklist


153


154


155

7.5.8 ANNEXURE 5H: Form LA 2A: Submission of Design Data FORM LA 2 A

FORMAT OF SUBMISSION OF DESIGN INFORMATION BY THE DESIGN ENGINEERS FOR THE COMPILATION OF LAND ACQUISITION PLANS

CONTRACT DESCRIPTION:

CONTRACT NO. NRA-R030-030-2007/1 : UPGRADE OF NATIONAL ROUTE R30 SECTION 3 BETWEEN BEATRIX MINE (km 18,1) AND VIRGINIA I/S (km 36,3) : PORTION 2 OF KALKOENKRANS 225

1 Engineering design layout plans (CAD drawings) to be submitted in DXF, DWG or DGN format together with the relevant grid (mark with ) Maximum of 40MB on a CD or 5MB by e-mail

DXF DWG DGN

4 Co-ordinates always to be supplied in WGS 84 for

borrow pits and quarries and also for existing or new access roads to borrow pits and quarries.

Yes N/A If not, give reason:

5 Locality plan for all acquisition areas to be

depicted on a 1:50 000 topographical map. Yes If not, give reason:

6 Date of commencement of the construction Date: November 2008

7 Owners’ details supplied on separate sheets

(mark with ) Yes No

Owners of affected properties and contact details

to be supplied in the following format:

(Complete separate page for each owner)

Name and Surname

Tel nr. None

Fax nr.

E-mail address None

Postal address

Mobile nr.

Improvements on required land not shown on the topographical mapping

N/A

8 One set of all above-mentioned

documents be submitted to:

Submitted to: Date submitted The SANRAL Regional Office (in PDF format) 18/04/2008

MANCO JV (in DXF, DWG or DGN format) 18/04/2008

Hermans & Roman (in PDF format) 18/04/2008

CS Massel (in PDF format) 18/04/2008

2 Design layout plans (CAD drawings) to be submitted on the same datum or system as the topographical mapping (Cape Datum or WGS 84 System) (mark with )

Cape

Datum

WGS

System

3 Cadastral boundaries as a layer of the design to be supplied for affected properties. (Applicable for road design, borrow pits and quarries)

Yes If not, give reason:


156

7.6 ANNEXURE 6: Pro Forma Documentation

7.6.1 ANNEXURE 6A: Letter requesting Landowner’s Confirmation

Engineers Letterhead Recipient Address P O Box 1234 City/Town Postal code Dear Sir/Madam CONTRACT (PROJECT NUMBER): CONSULTING ENGINEERING SERVICES FOR (PROJECT DESCRIPTION) (INSERT PROPERTY DESCRIPTION): INFORMATION, PERMISSION TO ACCESS AN UNDERTAKING FOR FUTURE NEGOTIATIONS (Company name) have been appointed by the South African National Roads Agency

Limited (SANRAL) for the construction / upgrading / rehabilitation / (Delete as

necessary) of the section of national road between (Insert Description) and (Insert

Description). This project inter alia includes the engineering assessment of gravel

pits and stone quarry material sources for the rehabilitation of the project. At the

moment it is planned that the construction of the work will commence in the year

(Insert year) for a period (Insert period), for completion in (Insert year of completion).

For the planned construction, certain section/s of land on the farm (Insert farm name)

has been identified for permanent and/or temporary acquisition. In order to facilitate

the process for the acquisition of the land, we please require the information

indicated on the attached form, from you.

We thank you for your co-operation in this matter.

Yours sincerely

_________________ Signature of Engineer


157

TO WHOM IT MAY CONCERN

Description of Property:…………………………………………………………………..

1. I, (Insert name of owner) being the owner/ duly authorized representative of

the owner herewith agree to the proposed acquisition of my property by the

SANRAL subject to

a) Fair market value be paid for the land in question

b) Direct financial losses be paid that comprise of:

………………………………………….

……………………………………………

……………………………………………

…………………………………………….

c) The following further conditions:

………………………………………………..

………………………………………………..

…………………………………………………

2 I also acknowledge that the proposed design has been discussed with myself

and that the design is acceptable to myself/the following design changes be

considered to mitigate the following:

…………………………………………………….

……………………………………………………….

………………………………………………………..

…………………………………………………………


158

3. I hereby certify that I will in future be willing to enter into a negotiation process

with SANRAL, or its designated representative, for obtaining the right and

reasonable compensation for the area and/or road building material as may

be required. With this I do not certify that I will accept any

price/compensation, but only that I will be willing to enter into a negotiation

process in this regard.

Thus done and signed at ………………… on this….. day of …………..

………………………….. ………………………… …………………….

Signature of Landowner Signature of Engineer Signature of Valuer


159

7.6.2 ANNEXURE 6B: Property Report Checklist

Note: Only one (1) Checklist, duly signed by the indicated persons, is

required per project.


CHECKLIST

ITEM YES NO

Has the project been incorporated into the LAC

programme by means of registering it through

SANRAL with the submission of Form LA1 (Refer

Annexure 6C)

Has all required information been submitted in the

formats specified in this Guideline Manual?

Have all the landowners who are affected been

contacted and the Letters of Landowner’s

Confirmation (Refer Annexure 6A) been signed by

the Landowners?

If yes to the above, have the landowners’

suggestions or problems been addressed through

the design?

Are all information and data for the Property Report

submitted in accordance the Land Acquisition

Guideline Manual, Item 5.5.11

Does the design follow cadastral boundaries as far

as possible?

If an existing road is involved - has the definition of

the road reserve boundary been procured from the

Survey Service Provider?


160

ITEM YES NO

Has the contact details (including physical address,

postal address, telephone numbers and cellular

numbers) of all landowners been provided?

Has the land to be acquired been differentiated in

accordance the type of ownership (refer item 5.5.3)

held of such land?

If yes to the above, has the time allowance for the

acquisition of State owned land, Transnet and

SARCC land, Un-alienated State land and Tribal land

been adjusted in conjunction with SANRAL and its

Service Providers?

If State owned land, Transnet and SARCC land, Un-

alienated State land and/or Tribal land needs to be

acquired, has an alternative design been considered

in order to minimize acquisition obstacles posed by

these different land types?

Has the existing use, as well as required use of each

of the land parcels which need to be acquired, been

captured in the Property Report?

Has all improvements affected by the acquisition of

land been identified and addressed by either re-

design, appropriate provision for remedial works

under the construction contract, and/or direct losses

minimised as far as possible?

Has an audit been done to ensure other real and

informal rights are taken into account?

If yes to the above, is the design of such a nature to

minimize acquisition obstacles posed by the different

real rights?

If an access road is involved, has the requisite roads

authority been approached and approval been

obtained? In the alternative, has the landowner been

approached and approval obtained for the alignment

of the access road?


161

ITEM YES NO

If borrow pits and quarries are required, have the

rights to minerals as dictated by Act 28 of 2002 been

sourced and taken into account?

Has the value of the land been taken into account

during the design of the road?

Has the extent of severed land been minimised

during design?

Is the placement of borrow pits and quarries been of

such a nature that it poses the least effect on

properties?

Has any agreement other than the property

acquisition been reached with any landowners, and if

so, has the relevant details been submitted to

SANRAL’s Land Portfolio Service Providers and the

Valuers?

Has the design been done taking into account the

least cost for SANRAL in acquiring the property?

Signed: Consulting Engineer Date

Signed: Land Portfolio Service Provider Date

Signed: Valuer Date


162

Signed: Survey Service Provider Date

Approved / Not Approved

Signed: SANRAL Project Manager Date


163

7.6.3 ANNEXURE 6C: Form LA 1

APPLICATION FOR THE ADDING OF NEW PROJECTS TO THE LAND ACQUISITION COMMITTEE PROGRAM ( LAC PROGRAM)

(To be completed by The SANRAL Regional Representative)

1 REGION: (Mark with “X”

Northern 1

Eastern 2

Southern 3

Western 4

2 REQUESTED BY: Regional Representative

Date that request is submitted to The SANRAL H/O

Date that request is submitted to Hermans & Roman and Manco

4 ROUTE NUMBER SECTION NUMBER

5 NOT A TOLL ROAD PROJECT TOLL ROAD PROJECT

6 PROJECT DESCRIPTION

From To

7 SANRAL PROJECT ENGINEER

Contact details Tel Mobile Fax E-mail

8 CONSULTING ENGINEERING FIRM:

Project Engineer:

Contact details Tel Mobile Fax E-mail

9 SCOPE OF WORK (Tick relevant block below)

(Give short description)

“Green fields” (new alignment) Rehabilitation Other 9.1 Date on which design of SANRAL approved road reserve and access /

secondary road, etc can be expected. (minimum of 9 months prior to site hand over date)

9.2 Land required for road reserve purposes

Estimated number of properties affected

Site handover date:

* Is list of affected properties attached?

YES NO

3 THE SANRAL CONSTRUCTION PROJECT NUMBER


164

9.3 Date on which final co-ordinates of borrow pits / quarries can be expected (minimum of 9 months prior to site hand over date)

9.4 Land required for borrow pits / quarry sites

Estimated number of borrow pits / quarry sites Estimated number of

properties affected by borrow pits and quarry sites

Site handover date:

* Is list of affected properties attached?

YES NO

Footnote: * List of affected properties to be attached if available


165

7.6.4 ANNEXURE 6D: Form LA 2

FORM LA 2

FORMAT OF SUBMISSION FOR DESIGN INFORMATION SUPPLIED BY THE DESIGN ENGINEERS FOR THE COMPILATION OF LAND ACQUISITION PLANS


PROPERTY DESCRIPTION

1 Engineering design layout plans (CAD

drawings) to be submitted in DXF, DWG or DGN format together with the relevant grid (mark with ) Maximum of 40MB on a CD or 5MB by e-mail

DXF DWG DGN

4 Co-ordinates always to be supplied in WGS 84

for borrow pits and quarries and also for existing or new access roads to borrow pits and quarries.


5 Locality plan for all acquisition areas to be

depicted on a 1:50 000 topographical map.


6 Date of commencement of the construction Date:

2 Design layout plans (CAD drawings) to be submitted on the same datum or system as the topographical mapping (Cape Datum or WGS 84 System) (mark with )

Cape

Datum

WGS

System

3 Cadastral boundaries as a layer of the design to be supplied for affected properties. (Applicable for road design, borrow pits and quarries)

Yes

If not, give reason:


166

7 Owners’ details supplied on separate sheets

(mark with ) Yes No

Owners of affected properties and contact

details to be supplied in the following format:

(Complete separate page for each owner)

Name and Surname

Tel nr.

Fax nr.

E-mail address

Postal address

Mobile nr.

Improvements on required land not shown on the topographical mapping


documents be submitted in digital format to:

Submitted to: Date submitted

The SANRAL Regional Office (in PDF format)

MANCO JV (in DXF, DWG or DGN format)

Hermans & Roman (in PDF format)

CS Massel (in PDF format)


documents be submitted in hard copy format to:

Submitted to: Date submitted

The SANRAL Regional Office MANCO JV Hermans & Roman Property Sollutions

Ndlala Massels Valuation Services


167

- END -

land acquisition guide sanral(2008)

Documents

animal drinking troughs

harmony gold mine

survey service provider

road reserve divides

direct financial losses

environmental impact assessments

cadastral key plan

commercial sources versus