Question NW343 to the Minister of Agriculture, Land Reform and Rural Development
08 March 2023 - NW343
Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development
What is the (a) current status regarding the Koegas Communal Property Association (CPA) in the Northern Cape, where a mediator was appointed to regulate the affairs of the CPA and (b) progress on all steps that her department undertook to take in order to provide a permanent solution to the challenges facing the specified CPA; (2) whether all disputes have been resolved based on the verification and settlement of the claim; if not, why not; if so, what are the relevant details?
Reply:
(1)(a) Since the settlement of the claim, there have been serious internal conflicts that resulted in the instability within the CPA. This has led to non-compliance with the Communal Property Associations Act,1996 (Act No. 28 of 1996) and non-adherence to the Constitution of the Koegas CPA. A mediator was appointed through the Land Rights Management Facility to regularise the CPA, but the mediation efforts failed as members did not support the process. Reconciling parties to the dispute remains a challenge.
b) Due to unending conflicts, infighting, and non-compliance with both the CPA Act and the Constitution of the CPA, the Director General of the Department of Agriculture, Land Reform and Rural Development has decided to place the CPA under judicial administration in terms of section 13 of the CPA Act. The matter is being processed by the Kimberley Office of State Attorney in the Northern Cape, and the legal process will unfold in due course.
(2) No. Not all disputes have been resolved. The details are as follows:
- Verification will be finalized by the Judicial Administrator as the main dispute in the CPA relates to the membership list.
- The claim has been settled but not finalized.
- The outstanding matter relating to the release of development grants (section 42C grants) which will only be released once the determination of who are the beneficiaries has been resolved as required by the court order on this matter.