Dr. Igor Scheurkogel, a Democratic Alliance (DA) member of the National Council of Provinces, has formally reported the Land and Agricultural Development Bank of South Africa to the Public Protector. The action follows what Scheurkogel described as "months of exhaustive, unsuccessful attempts to secure transparency" from the State-owned agricultural lender. According to Scheurkogel, the Land Bank has met every inquiry with silence. "This is no longer simply about a failure to answer correspondence," Scheurkogel stated, adding, "It raises a much bigger question: If Land Bank is satisfied that these liquidation processes were properly authorised, lawfully administered and financially accounted for, why will it not produce the records?" He further asserted that the bank "cannot expect Parliament, affected farmers and the South African public simply to accept that everything was properly handled while refusing to produce the records that would prove it."
Details of the Complaint
The report filed with the Public Protector cites the Land and Agricultural Development Bank of South Africa's failure to disclose critical information concerning its liquidation and debt-recovery processes. The complaint notes the Land Bank's lack of transparency regarding these procedures.
A formal Promotion of Access to Information Act (PAIA) application was submitted to the Land Bank. This application specifically requested records detailing the precise amount of money returned to the institution through liquidation proceedings and the forced sale of farmers' assets. The requested information spans the period from 2012 to the present date, seeking clarity on the financial outcomes of these processes.
Exhausted Avenues and Public Protector's Role
Efforts to secure transparency from the Land and Agricultural Development Bank of South Africa involved various avenues, including parliamentary oversight mechanisms. The Democratic Alliance also engaged in direct correspondence with the Land Bank’s leadership and board, alongside submitting a formal application under the Promotion of Access to Information Act (PAIA). These actions represent the full scope of attempts made to obtain the requested information. Internal and legislative avenues have now been exhausted, leading to the decision to escalate the matter. The escalation aims to involve a body with the authority to compel answers and access relevant documents from the Land Bank. The Public Protector, an independent constitutional body, possesses the legal authority to investigate suspected misconduct or prejudice within State affairs and public administration, making it the chosen next step in the process.
Call for Accountability
The complaint lodged with the Public Protector requests a full investigation into various aspects of the Land Bank's operations. The Democratic Alliance specifically seeks scrutiny of alleged systemic maladministration within the bank's debt-recovery systems. The complaint also targets irregular procurement practices, failures of financial control, and the purported abuse of public power. The submission asks the Public Protector to investigate instances of improper prejudice against affected parties, aiming to uncover any misconduct or unfair treatment stemming from the bank's activities. This broad scope of inquiry indicates a concern for multiple potential failures within the Land Bank's governance and operational procedures.
Quotes from DA Representative
Dr. Igor Scheurkogel stressed that the Land Bank, as a public institution funded by taxpayers, has an obligation to operate transparently. He stated that it "cannot operate in the shadows" and must be accountable to the public it serves.