Presentation to the Portfolio Presentation to the Portfolio Committee on Rural Committee on Rural

Development and Land Reform Development and Land Reform

Communal Property Associations 2011/2012 Annual Report

08 October 2013

BACKGROUNDBACKGROUND Communal Property Associations are formed in terms of the

Communal Property Associations Act, Act 28 of 1996 to hold, manage and own land on behalf of its members.

In terms of Section 17 of the Act the Department of Rural Development and Land Reform is Required to table a report to Parliament on Communal Property Associations and Provisional Associations and how the objects of the Act are being met.

A number of Challenges CPAs

2

NATIONAL COMPLIANCE SUMMARYNATIONAL COMPLIANCE SUMMARY

3

INTERVENTIONSINTERVENTIONS Implementation of the turnaround strategy

115 CPAs referred to the LRMF

Referred CPAs are at various stages of regularization

8 CPAs have been fully regularized

Provinces developed their own strategies to regularize the remainder of CPAs

Provinces will either establish and manage their own panels or they will regularize them internally using departmental officials

4

REGULARIZATION CHALLENGESREGULARIZATION CHALLENGES

CPA CONSTITUTION – Most constitutions don’t cater for the changing needs of members.

COMMUNITY IDENTITY – Most Restitution claimants who were restituted land have no sense of community.

ECONOMIC ACTIVITIES – The scramble for resources amongst Exco members leads to the collapse of CPAs.

CPAs VERSUS TRADITIONAL AUTHORITIES – When CPAs are established to settle tribal claims they seem to be in contestation for power with traditional authorities.

5

REGULARIZATION CHALLENGESREGULARIZATION CHALLENGES MANAGEMENT SKILLS –

Illiteracy amongst Executive Committee members impacts negatively on the smooth running of CPAs.

CONFLICT MANAGEMENT – Most Executive committee members lack conflict management skills which often result in them taking sides in.

MEMBERSHIP –Membership lists are not regularly updated.

OWNERSHIP/ TRANSFER OF LAND –. Some CPAs have sold their land

Others have not taken ownership of land since registration

6

REGULARIZATION CHALLENGESREGULARIZATION CHALLENGES

LAND INVADERS – ◦ Some CPA land was invaded by squatters through the connivance of some

member or the committee.

INSOLVENCY –◦ Some CPAs are insolvent.

INFORMATION MANAGEMENT-◦ Most CPAs do not keep records.

7

CPAs UNDER ADMINISTRATIONCPAs UNDER ADMINISTRATION The following CPAs were put under administration:

◦ Khomani San in Northern Cape

◦ Sisonke in Mpumalanga

◦ Khomanani in Northern Cape

◦ Loeriesfontein in Northern Cape

◦ Klein Tswaing in North West

◦ Elandskloof in Western Cape

◦ Serala in Limpopo

◦ Letswalo in Limpopo

8

SOLUTIONSSOLUTIONS The CPA Turn Around Strategy was rolled out

Regularization of dysfunctional CPAs is part of the Turn Around Strategy

115 most problematic CPAs were referred to the Land Rights Management Facility

8 CPAs have been regularized

A Policy on Communal Property Institutions was developed

The Act is being amended

9

PROPOSED SOLUTIONSPROPOSED SOLUTIONSThe Amendment to the CPA Act will introduce the following changes:

Establish CPA Office

Appointment of Registrar of CPAs and Deputy Registrars

Repeal provisions that enabled registration of Provisional CPAs

Enhanced protection of members rights

10

THANK YOUTHANK YOU

11