The Minister may in writing delegate or assign to any staff member in the Ministry ‘(1) of Land Reform any power or duty conferred or imposed on the Minister by this Act, except the power granted under sections 76, 76B and 77. (2) A delegation or assignment by the Minister under subsection (1)- (a) may be effected subject to such conditions as the Minister may determine; (b) may be withdrawn or varied by the Minister; and (c) shall not preclude the Minister from exercising or performing any power or duty so delegated or assigned. [78] Section 76 (2) of the Act provides as follows: For the purposes of imposing land tax the regulations referred to in subsection ‘(2) (1) may also provide for- the method of calculating such tax and the due date for payment and manner of collection and recovery of such tax (including the payment of interest on such tax); (b) the valuation of agricultural land by a valuer and the manner in which such valuation shall be carried out; (c) the appointment and functions of a valuer; (d) the preparation of a valuation roll by a valuer, the contents of such valuation roll and the manner in which an objection or appeal against such roll may be lodged for emphasis). by an (Underlined owner;’ [79] From the provisions of ss 76(2) and 79A of the Act, it is quite clear that a valuer is not a staff member in the Ministry of Land Reform nor does the Minister have the power to value agricultural land. It thus follows that the valuer is not a delegee of the Minister but a delegee of Parliament. I agree with Mr. Gauntlett who argued that the valuer is possessed with authority from Parliament to value agricultural land. The question that needs to be answered therefore is whether the valuer is either expressly or by necessary implication, authorised by Parliament to further delegate the powers
‘(1) The Minister may in writing delegate or assign to any staff member in the Ministry of Land Reform any power or duty conferred or imposed on the Minister by this Act, except the power granted under sections 76, 76B and 77. (2) A delegation or assignment by the Minister under subsection (1)- (a) may be effected subject to such conditions as the Minister may determine; (b) may be withdrawn or varied by the Minister; and (c) shall not preclude the Minister from exercising or performing any power or duty so delegated or assigned. [78] Section 76 (2) of the Act provides as follows: ‘(2) For the purposes of imposing land tax the regulations referred to in subsection (1) may also provide for- the method of calculating such tax and the due date for payment and manner of collection and recovery of such tax (including the payment of interest on such tax); (b) the valuation of agricultural land by a valuer and the manner in which such valuation shall be carried out; (c) the appointment and functions of a valuer; (d) the preparation of a valuation roll by a valuer, the contents of such valuation roll and the manner in which an objection or appeal against such roll may be lodged by an owner;’ (Underlined for emphasis). [79] From the provisions of ss 76(2) and 79A of the Act, it is quite clear that a valuer is not a staff member in the Ministry of Land Reform nor does the Minister have the power to value agricultural land. It thus follows that the valuer is not a delegee of the Minister but a delegee of Parliament. I agree with Mr. Gauntlett who argued that the valuer is possessed with authority from Parliament to value agricultural land. The question that needs to be answered therefore is whether the valuer is either expressly or by necessary implication, authorised by Parliament to further delegate the powers
Waterberg%20Wildnerness%20v%20The%20Minister%20of%20Land%20Reform%20(A%20197-2015)%20[2016]%20NAHCMD%20366%20(17%20November%202016).docx