Question NW1230 to the Minister of Agriculture, Land Reform and Rural Development
04 May 2023 - NW1230
Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development
(1)What (a) is her department’s responsibility in terms of support to Communal Property Associations (CPAs) and other similar community organisations, (b) are the names of the CPAs and similar community organisations for which her department accepts responsibility and (c) CPAs ailed to share their financial statements with beneficiaries in the past three financial years; (2) (a) which CPAs failed to have leadership elections in terms of the periods of service stated in their founding statements and/or constitutions in the past three financial years and (b) what are the details of the steps that her department can take to cause the nominations and/or elections of executives of associations that are in breach of their constitutions and/or founding statements to be held; (3) what options are available to beneficiaries of associations who would like to register with her department their concerns about the possible failure of their associations to adhere to their own founding documents and/or constitutions?
Reply:
1. (a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) is required in terms of the Communal Property Associations Act to:
- Appoint a Conciliator (mediator) when there are disputes within a CPA
- Inspection CPA records for monitoring purposes
- Conduct an enquiry into the activities of the CPA
- Subpoena persons who may have relevant information in respect of affairs of CPA
- Require CPA members to conduct elections of new committee
- Place a CPA under Judicial Administration
The Department also assist CPAs to comply; the following are the Department’s interventions:
- Conduct Governance and Compliance training to CPA Executive Committee members and CPA members in general.
- Support CPAs towards compliance by assisting them with updating membership list, amending their Constitution, and facilitating an Elective Annual General Meeting.
b) The Department of Agriculture, Land Reform and Rural Development (DALRRD) is responsible for all the 1 750 registered CPAs in the country. See Annexure A
c) The following is a breakdown of CPAs that failed to report on their financial records during the past three financial years. Annexure B
|
Province |
Financial year |
||
|
2019 - 2020 |
2020 - 2021 |
2021 - 2022 |
|
|
Eastern Cape |
170 |
176 |
195 |
|
Free State |
52 |
49 |
56 |
|
Gauteng |
22 |
34 |
33 |
|
KwaZulu-Natal |
382 |
332 |
403 |
|
Limpopo |
75 |
100 |
160 |
|
Mpumalanga |
392 |
392 |
394 |
|
North West |
168 |
170 |
191 |
|
Northern Cape |
71 |
56 |
71 |
|
Western Cape |
17 |
27 |
25 |
2. (a) The following is a breakdown of CPAs that failed to report on the validity of term of office for the CPA Executive Committee during the past three financial year.
Annexure C
|
Province |
Financial year |
||
|
2019 - 2020 |
2020 - 2021 |
2021 - 2022 |
|
|
Eastern Cape |
76 |
142 |
111 |
|
Free State |
0 |
12 |
18 |
|
Gauteng |
2 |
12 |
16 |
|
KwaZulu-Natal |
313 |
231 |
308 |
|
Limpopo |
24 |
29 |
72 |
|
Mpumalanga |
390 |
389 |
307 |
|
North West |
134 |
134 |
158 |
|
Northern Cape |
55 |
47 |
63 |
|
Western Cape |
2 |
0 |
1 |
(b) The DALRRD has powers through section 11 of the CPA Act to require CPA members to conduct elections for a new committee, if the integrity, impartiality or effectiveness of the committee or any member of the committee is in question. In implementing of this section, the DALRRD issues notices to notify all CPA members of such a requirement made by the DALRRD and if possible, assist the CPA in facilitating an Elective AGM to ensure that these elections take place.
3. In the event that the CPA cannot resolve their own dispute through internal processes as stipulated in the CPA’s Constitutions, the members may refer the dispute to the DALRRD for assistance. The DALRRD must investigate the dispute and determine if the issues fall within the scope of the CPA Act and receive consent from the parties involved for mediation. Mediation takes place, either by an official of the DALRRD or through the Land Rights Management Facility Panel. As a last resort when all interventions proved unsuccessful, the DALRRD can request through the courts to place a CPA under Judicial Administration.