Question NW1310 to the Minister of Rural Development and Land Reform

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24 May 2018 - NW1310

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Rural Development and Land Reform

Why has her department failed to intervene and resolve the impasse at the Koegas Communal Property Association in the Northern Cape, where (a) there has been no general meetings to elect leadership and (b) a certain person (name furnished) allegedly takes unilateral decisions and leases the land to private farmers, without general consensus from other members of the community; (2) what steps does he intend to take to resolve this matter and ensure that there is development for the Koegas community?

Reply:

(1),(a),(b) The Department of Rural Development and Land Reform (DRDLR) intervened in the Communal Property Association (CPA) by appointing a mediator to regularise Koegas CPA between 4 June 2013 to 22 February 2014. A report produced by a panellist within the Land Rights Management Facility Mr Charles P Abrahams (from Abrahams Kiewitz Attorneys), who is currently a legal representative of the CPA, highlighted that the CPA has a dispute regarding membership based on the verification and settlement of the claim. There is dispute regarding the community that must benefit in terms of the claim that was lodged by Mr Barend Van Staden (Van Wyk). He claims that he lodged the claim for Griquas, Korana and San communities and not for Coloureds, and Tswanas and Xhosa speaking people as the claim had been settled on 4 June 2008.

The mediation regarding the CPA has failed as the Chairperson (Mr Barend Staden– Van Wyk) is insisting based on the recent response from attorneys dated 19 April 2018 that he did not claim for members registered on the CPA hence they are excluded from the CPA. DRDLR is intervening in the CPA, and other excluded members will be called for a community meeting to inform them of intervention measures made by the Department.

(2) DRDLR intends to take the following steps:

  • place the CPA under administration in terms of section 13 of the Communal Property Association Act, 28 of 1996;
  • during the Administration process, DRDLR will release the settlement grants in order to develop the farms; and
  • allow Mr Van Wyk to institute the review regarding the correct claimant community to be referred to the Land Claims Commission Court to resolve the issue of the beneficiaries of the land claim.

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