Question NW469 to the Minister of Agriculture, Land Reform and Rural Development
17 April 2024 - NW469
Van Dyk, Ms V to ask the Minister of Agriculture, Land Reform and Rural Development
Whether, with reference to the Rooiwal Communal Property Association (CPA) disputes lodged with her department in October 2021 and March 2022 which remain unresolved to this day, a conciliator will be appointed to assist the concerned community and resolve the disputes; if not, why not; if so, by what date does she envisage the appointed conciliator to resolve the specified disputes; (2) what does her department intend to do to help the concerned community to resolve the disputes; (3) whether her department will accept the decisions of the Rooiwal CPA Committee, which is alleged to have been unconstitutionally elected without the requisite quorum, as legally binding; if not, what is the position in this regard; if so, what are the reasons for such acceptance?
Reply:
1. Yes.
The Department of Agriculture Land Reform and Rural Development (DALRRD) has attended to all the disputes as reported through several Special General Communal Property Association (CPA) meetings which were held in January 2022. The meetings resolved all the matters that were in dispute and all parties agreed to hold an elective Annual General Meeting (AGM) on 12 March 2022. The concerned group leader was invited to all meetings but did not attend; however, the CPA meetings were fully quorated.
The conciliator was appointed after the AGM through the Land Rights Management Facility – Motlhamme Attorneys’ to deal with the concerned group complaints; however, the conciliator found it difficult to proceed due to lack of cooperation by the concerned group leaders and the contract was terminated.
2. DALRRD has agreed with the concerned members and the CPA committee in a meeting on 22 January 2024 to reappoint the conciliator in terms of section 10 of the CPA Act. The success of this process is however dependent upon cooperation by the concerned group members.
3. Yes. the AGM of 12 March 2022 was properly constituted and fully quorated, the Committee is legitimate, and their duties are regulated in terms of clauses 6 and 10 of the Rooiwal Communal Property Association. However, DALRRD is addressing the issues raised by the concerned group members regarding the elective AGM.