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COMMUNAL PROPERTY ASSOCIATIONS ANNUAL REPORT 2017/18

COMMUNAL PROPERTY ASSOCIATIONS ANNUAL REPORT 2017/18 Presentation to the Portfolio Committee: Rural Development and Land Reform 17 October 2018. TABLE OF CONTENTS. 1. Introduction 2. Departmental Performance 3. CPA Forums 4. CPA challenges 5. Successes 6. Judicial Administration

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COMMUNAL PROPERTY ASSOCIATIONS ANNUAL REPORT 2017/18

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  1. COMMUNAL PROPERTY ASSOCIATIONS ANNUAL REPORT 2017/18 Presentation to the Portfolio Committee: Rural Development and Land Reform 17 October 2018

  2. TABLE OF CONTENTS 1. Introduction 2. Departmental Performance 3. CPA Forums 4. CPA challenges 5. Successes 6. Judicial Administration 7. Recapitalisation 8. CPA strategy 9. Information Management System 10. Stakeholder involvement 11. Compliance trends 12. Intervention highlights 13. Specific Matters 14. Budget 15. Legislation 16. Capacity

  3. 1. INTRODUCTION • The Director General is required in terms of Section 17 of the CPA Act to compile a report on the extent to which the objectives of the CPA Act are being achieved. • The Minister is required to table such report in Parliament.

  4. 1. INTRODUCTION …2 • The Department has 1566 CPAs registered on its books. • A total of 53 new CPAs were registered in 2017/18 • No new Provisional CPAs were registered during the reporting period

  5. 2. DEPARTMENTAL PERFORMANCE

  6. 3. CPA FORUMS

  7. 4. CHALLENGES • Incomplete verification and settlement of claims • Consolidation of communities • Lack of operating capital (Start-up capital) • Unaccountability of CPA committees • Lack of transparency by CPA committees • Political and business interference • Disputes with Traditional leaders

  8. 5. SUCCESSES

  9. 5. SUCCESSES…2

  10. 6. JUDICIAL ADMINISTRATION

  11. 7. RECAPITALISATION

  12. 7. RECAPITALISATION…2

  13. 8. STRATEGY • A strategy is been developed to deal with CPAs • This strategy is intended to: • Improve monitoring • Improve the application of intervention mechanisms • Facilitate the provision of support in an integrated manner

  14. 9. INFORMATION MANAGEMENT SYSTEM The Department is developing an information management system for CPAs: The system will do the following: • Electronic capturing and updating of CPA information • Electronic registration of CPAs and allocation of system generated unique numbers • Uploading of relevant documentation against individual CPAs • CPA properties will be shown on map • System generated reports • Currently the system is used by the State Land component of the Department

  15. 10. STAKEHOLDER INVOLVEMENT Vumelana Advisory Fund Governance Awards gives recognition to CPAs that adhere to good corporate governance The following CPAs were supported by Vumelana Advisory Fund: • Nwandlamhari - Malamala game reserve • Moletele - South East Cluster AgriProject • Barokologadi - Madikwe Game Reserve • Mamahlola - Mamahlola Farms AgriProject

  16. 11. COMPLIANCE TRENDS

  17. 11. COMPLIANCE TRENDS…2

  18. 12. INTERVENTION HIGHLIGHTS Gugulethu: • An attorney that used to provide legal services to the legal entity obtained a default judgement for legal fees owed to him. • He wanted to attach the assets. • A lawyer was appointed through the LRMF to represent the members. • He won the case and now the other lawyer was ordered to pay legal costs of the community.

  19. 12. INTERVENTION HIGHLIGHTS…2 Khomani San: • A new committee has been elected by members of Khomani San. • The membership list was updated. Barolong boo Seitshiro: • The internal disputes have been resolved • An Election Agency has been appointed

  20. 13. SPECIFIC CPA MATTERS NQACULE • The chair person of this CPA sold the CPA land and bought taxis with the proceeds of the sale. • Members of this CPA were not aware of the sale. • The sale is being challenged in court.

  21. 13. SPECIFIC CPA MATTERS…2 RAMA • This CPA presents unique challenges in that the members have requested the Department to intervene but they are afraid to cooperate with the Department because of the threats to their lives. • Officials have been subjected to threats for their intervention • The PSSC wants to place this CPA under administration. • The DG has approved that the CPA be placed under administration.

  22. 13. SPECIFIC CPA MATTERS…3 WALLMANSTHAL • In the settlement of the 711 individual claims and the Berlin Mission community claim (128 households) the Commission consolidated the claims and established Wallmansthal CPA. • Since establishment of this CPA there have been internal dispute. • Although Berlin Mission Community is included in the membership list of Wallmansthal CPA it decided to established its own CPA. • The Commission is engaged in efforts to resolve the dispute.

  23. 13. SPECIFIC CPA MATTERS…4 BAKGATLA BA KGAFELA • This CPA is currently divided in three factions. • Attempts by the Department and an independent mediator to mediate the dispute did not yielded positive results. • Each faction claims to be a legitimate committee of CPA • The dispute is currently the subject of a court case • The Department has also joined the court case. • The Department’s position is there should be fresh elections

  24. 13. SPECIFIC CPA MATTERS…5 BAROLONG BOO SEITSHIRO • This CPA is divided into two camps and there was mismanagement of the CPA resources • This camps are aligned to two different tribal authorities • An Administrator that was appointed for this CPA has largely completed her assigned functions. • An Election Agent has been appointed to oversee elections planned for November 2018

  25. 13. SPECIFIC CPA MATTERS…6 OPPERMANSGRONDE • There is a dispute between two groups within this CPA. • This CPA was formed when two Restitution Claims were settled. • The initial holders of the title feel left out because they have lost control and complete access to their land due to the conditions imposed by the other group. • The PSSC is in the process of placing this CPA under administration

  26. 13. SPECIFIC CPA MATTERS…7 BJATLADI • This CPA experienced internal conflict as a result of membership disputes, alleged mismanagement of finances and transactions relating to land. • In January 2018 he CPA land was leased to a private company for a period of 28 years. • The term of office of the current committee expires in July 2018. • The next AGM will be held on 02 December 2018.

  27. 14. BUDGET

  28. 15. LEGISLATION • The CPA Amendment Bill is now with the NCOP. • The Department attended Legislature Briefings on the Bill in all 9 provinces. • The Bill was presented to 8 legislatures: Eastern Cape, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West & Western Cape. • In the Free State the briefing was cancelled because of miscommunication in the provincial legislature. • The legislatures are now conducting Public Consultations

  29. 16. CAPACITY • 83 Officials are currently working on CPA • Only 4 officials are dedicated solely to working with CPAs • 79 Officials work with other tenure legislations in addition to CPA work

  30. THANK YOU

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