Question NW492 to the Minister of Agriculture, Land Reform and Rural Development

Reply:

1. (a) in terms of the Communal Property Association (Act No. 28 of 1996) Section 2 indicates in detail who can be approved in terms of the legislation. In summary this will be

• A community that has received land through the Restitution of Land Rights process
• A community that has received land through other forms of land reform programmes and want to hold the land collectively
• A community that may on their own agree that they want to hold the land asset collectively which may have been donated or sold to the said community
• A community which may have received land prior to the enactment of the legislation and would now want to hold it collectively as a juristic persons

There are certain requirements that the Act outlines how these communities may arrive at a determination that they want to hold such land collectively.

(b) After agreement the community will seek to register their entity. Some of these requirements as stated in the Act are as follows:

• The two copies of the proposed constitution initialled on each page and signed on the last page by the elected Chairperson and Secretary of the CPA;
• The affidavit by the person who acted as the Chairperson of the meeting where the Constitution was adopted;
• The written explanation of the way in which the association complies with the provisions of Section 2 of the CPA Act;
• The appointment of the Designated Officer;
• The explanation of the way in which the Constitution of the Association complies with the Schedule to the CPA Act;
• The list containing names and ID Numbers of all persons alected as the first committee of the CPA;
• The appointment letter for the Authorised Officer in terms of Section 7(2) of the Act;
• The report by the Authorised Officer setting out his observations of the Constitution adopting meeting;
• The list of individuals or households who are members of the CPA;
• The principles for the identification of other persons entitled to be members of the Association and the procedure for resolving disputes regarding their rights;
• The approved Memorandum for the acquisition of the Land;
• The attendance registers of the meeting where the CPA Constitution was adopted;
• The notice of intention to adopt the CPA Constitution;
• The minutes of the meeting that adopted the CPA Constitution.

2. Yes. The Communal Property Associations Act, 1996 (Act No. 28 of 1996) is applicable across all Provinces.