IN THE HIGH COURT OF SOUTH AFRICA

(NORTH WEST DIVISION, MAHIKENG)

In the matter between:-

KGOSI LERUO TSHEKEDI MOLOTLEGI N.O.

ROYAL BAFOKENG NATION

And

PREMIER OF THE NORTH WEST PROVINCE

MEC FOR CULTURE, ARTS AND TRADITIONAL

AFFAIRS, NORTH WEST PROVINCE

CHAIRPERSON, NORTH WEST HOUSE OF

TRADITIONAL LEADERS

MINISTER OF RURAL DEVELOPMENT

AND LAND REFORM

ROBEGA COMMUNITY CRISIS ACTION COMMITTEE

ANSWERING AFFIDAVIT

CASE NO: M28/17

First Applicant

Second Applicant

First Respondent

Second Respondent

Third Respondent

Fourth Respondent

Fifth Respondent

1

I, the undersigned

DAVID RAMPE

Hereby make oath and say: -

1. I am the chairperson of the Robega Community Crisis Action Committee. The

RCCAC was constituted as a Non-Profit Organisation in 2004 and a Constitution

was adopted which I attach here marked "DR1".

2. The facts in this affidavit are true and correct and, save where the context

indicates to the contrary, are within my personal knowledge. Where I make

submission of a legal nature, these are made on the advice of the respondents'

legal representatives.

3. I deal with the following issues in turn:

a. The history of the remaining extent of the farm Boschkoppie 104JQ;

b. The history of Robega village;

c. The history of the Royal Bafokeng Nation Administration in Robega;

d. Answer to specific allegations made in the founding papers.

4. This affidavit is also filed together with expert affidavit of Dr Gavin James Capp

in which he reports on the land and political histories of Robega village with

specific emphasis on the period of 1994-2001. This is the period when the Royal

2

Bafokeng Nation (RBN) first started aggressively asserting its power over

Robega (expert affidavit para 5).

THE HISTORY OF THE REMAINING EXTENT OF THE FARM

BOSCHKOPPIE 104JQ

5. The farm Boschkoppie was once known as Erf 685, Rustenburg . Erf 685 was

first transferred from the South African government to one Willem Nicolas

Cornelius Grabler on 29 December 1864.

a. Grabler subdivided the land and transferred a half portion of the farm to

JJ Geyser on 26 April 1876. Geyser's title deed number was 951/1876.

On 5 November 1904, MM Geyser inherited the portion of the farm owned

by JJ Geyser with the transfer happening in terms of title deed

10185/1904.

b. MM Geyser sold his portion of the farm to JGMP Kirsten in 1912 and

captured in title deed number 44/1912. Kirsten transferred his portion in

equal shares to JF Kirsten and GF Kirsten that same year (title deeds

394/1912 and 3942/1912).

c. The half portion of Erf 685 still owned by Grabler was divided into two

portions upon his death and inherited by NJH Grabler under title deeds

1099/1918 and 5841/1917.

d. On 31 March 1917, the farm was again subdivided by the Kirstens. Their

portion is today known as 104JQ (portion 1) and was then held by JF

3

k. On 7 November 1979, the South African Native Trust transferred 104JQ

(0) to the Republic of Bophuthatswana in terms of T536/1979. This land

was transferred back to the South African state in 1994.

6. In sum: The farm Boschkoppie is thus today divided into three portions:

a. Portion 0, which is known as 'SADT land' after the South African

Development Trust, remains state land. This is where Robega village is

situated;

b. Portion 1 is held by the Minister of Rural Development and Land Reform

(as successor to the Minister of Native Affairs) on behalf of the Bafokeng;

c. Portion 2 remains privately owned land.

7. This land history shows that the land upon which Robega village is situated,

namely Boschkoppies JQ Portion 0, has never been held in trust by anyone .Qil

behalf of the Bafokenq.

8. The applicants contend that Proclamation 1525 of 1966 which extended the

jurisdiction of the Bafokeng in terms of the Bantu Administration Act 38 of 1927

and the Bantu Authorities Act 68 of 1951 , "duly defined" the state land on which

Robega is situated. The Proclamation, and an amended thereto, are attached

to their founding papers marked "JR2" and "JR3" . The Proclamation in fact listed

the farms that fall within one of three categories (as described in the

Proclamation):

\Q.¼_~ Yl"\ ' C) . . A

4

a. Property of the Bafokeng Tribe;

b. Property of the South African Bantu Trust and have been allotted to the

Bafokeng trust;

c. Private Bantu [sic] property.

9. The applicants do not allege that Boschkoppie 104JQ (0) falls within any one of

these categories. It is common cause that it is state land that has never been

allotted to the Bafokeng. Portion O thus does not fall within the parameters of

the Proclamation upon which the applicants seek to rely.

10. The Proclamation goes on to list Boschkoppie No 104JQ in its list of farms -

without identifying the 3 portions that are all held in different capacities. Portion

1 does fall within the definition of the Proclamation as it is land held in trust on

behalf of the Bafokeng. Portion 2, in as far as it was "private Bantu property" of

Edbaal Bakgegong, would also fall within the Proclamation. As far as I am

aware, however, the Bafokeng has never sought to exercise any jurisdiction or

authority over this portion that actually does fall within the parameters of the said

Proclamation.

11. But Portion O is SADT land with no reference to the Bafokeng on its title deed. I

attached hereto, marked "DR2", the title deed of this portion as provided by the

deeds office. It is not covered by the Proclamation and should thus be

understood to be excluded from the reference to Boschkoppie 104JQ in the list.

5

12. This interpretation is supported by the manner in which Robega village, on

Portion 0, continued to govern itself after the Proclamation came into effect and,

despite the interference from the Bafokeng since the mid-1990s, until today. I

will turn to that history in the next section.

13. The people of Robega paid rental and other fees since 1936 directly to the

government and never to the Bafokeng. This only stopped in 1994 when our

land was transferred back to the democratic South African government. At that

point, our payments were no longer required. So we are not paying fees to

anyone today; certainly not to the Bafokeng .

14. In 1994, the Robega community lodged a land claim on the land where Robega

village is situated. Because we were never removed from that place, the claim

was deemed to fall outside the parameters of the Restitution of Land Rights Act.

15. We did not give up on being recognized as the owners of Robega, however.

16. This interpretation is also supported by the letter from Derek Hanekom as the

Minister of Agriculture and Land Affairs titled "Surface Lease: Boschkoppie:

Royal Bafokeng Nation I Rustenburg Platinum Mines" . The letter confirmed the

conclusion of a surface lease for Boschkoppie between RBN and Rustenburg

Platinum Mines. In this letter, the Minister noted that:

\U}vQ/v"'

YV\, ~ Q : .~--6

1. According to the information available to me, the records at

the Deeds Registry reflect that:

a. Portion 1 of the land concerned is held in Trust for

the Bafokeng and I am the trustee;

b. The remaining portion is held by the State, and I am

the nominal owner.

2. I anticipate that in due course the Royal Bafokeng Nation

will become the registered owner of both these portions of

land.

3. The letter is attached as DR15.

17. While the letter by Minister Hanekom expresses the future hope that in due

course RBN might become the registered owner of these properties, it also

clearly shows that:

a. Portion 1 is held by the Minister of Rural Development and Land Reform

(as successor to the Minister of Native Affairs) on behalf of the Bafokeng;

b. The remaining extent is owned by the State and has never been held in

trust by anyone on behalf of the Bafokenq.

18. This was the clear understanding of Minister Hanekom in 1998 when he

considered the records available in the deeds registry.

7

19. The conclusion of the surface lease agreement between RBN and Rustenburg

Platinum Mines was rejected by the Robega community who were not consulted

in the decision. In a memo dated 20/1111998, signed by the Robega Community

Chairperson, the Chairperson made clear that the Robega Community rejects

the Bafokeng administration and that they reject the agreement until steps were

taken to consult with the Community. The letter is attached as DR16.

20. Thus, at no point was Robega land (the remaining extent) held in Trust by RBN

and the Robega Community have never considered themselves under the

authority of the RBN.

21. In a letter dated 1 September 2003, our legal representatives at the time

requested the Department of Land Affairs to start a process under the soon to

be promulgated legislation dealing with communal land, to start a process of

transferring ownership to the people of Robega. The letter, attached hereto

marked "DR3", reads:

i. The Robega Community acknowledges the fact that Portion 1

(formerly known as Portion A) of the farm Boschkoppie 104JQ, is

registered in the name of the Minister of Land affairs in Trust for

the Bafokeng Tribe and as such this property is legally under the

~dministration and control of tne Royal Bafokeng.

ii. However the said administration and control of Portion 1 of the

Bafokeng does not include the said Remainder of the farm

hA . o . . 14 . • -8

Boschkoppie, as this property is State Land, which is occupied by

the Robega Community.

iii. L.1

iv. In order to ensure that the Robega Community's tenure security is

protected and acknowledged, it is essential that the Community

be given ownership of the relevant land as soon as the said Act

has come into operation. In this regard we wish to underline the

fact that the Robega Community experiences a continued threat

from the Royal Bafokeng people in being bamboozled under

Bafokeng control and administration.

V. [ .. .)

vi. The Robega Community has a right to be acknowledged as a

separate entity with its own cultural values and rules but finds it

difficult to protect its members from unlawful advances by the

Bafokeng [. . .]. [Own emphasis]

22. We received no response.

23. On 4 February 2004, our legal representatives at the time addressed another

1ener to me Department, tnls time about the wishes of Impala Platinum to

implement mining activities on our land which we assumed would necessitate a

lease agreement with our community. We also asserted that we would be

entitled to any royalties or rental that becomes payable. We indicated that the

9

mining activities will have an impact on the occupation and use of the land by

the residents of Robega. This letter is attached marked "DR4".

24. Once more, no response was received.

25. Yet another letter requesting similar assistance was sent by our legal

representatives on 29 August 2005.

26. That same year, Rustenburg Platinum Mines revealed that they in fact held the

prospecting rights over JQ1 (the Bafokeng portion of Boschkoppies) which had

been acquired in the 1950s. Another set of rights on this portion was held by

Impala Platinum. It appeared that both also had claims over rights on our land,

Portion 0.

27. Over the next 5 years, mining swops apparently happened between these

companies. We know little about these negotiations. But we did experience the

increase in surveying activity around us.

28. Moreover, we saw the sudden interest of the Bafokeng in our land . They saw

the potential of negotiating surface leases over Portion O with the two mining

companies and they were suddenly intent on claiming our land as their own. It

was precisely at this time that they for the first time converted our elected village

chairperson to a 'headman' and gave him a seat on the Kgotla-le-Dikgosana as

one of their strategies of control. Members of our community objected to these

developments vociferously.

29.As I will explain further below, this is also the time that the first applicant made

,~ 10

a dramatic about turn on the issue of providing water to Robega. Before this

time, he had refused to do so despite having been granted R3 million from the

Bophuthatswana government for that purpose, on the basis that Robega does

not fall under the Bafokeng jurisdiction. But now that the mining companies

showed interest, he suddenly announced that he will indeed bring water to

Robega - at a much higher cost to us than water provided by the Municipality.

30. In some desperation, we wrote again to the Department of Land Affairs on 27

July 2007 begging for our land to be transferred to us.

31. This time, the Department of Land Affairs did respond in a letter dated 20

September 2007. Unfortunately, by this time they had adopted the newly

generated narrative from the Bafokeng and reiterated to us the incorrect

interpretation of Proclamation 1525 of 1966 that the entire Boschkoppies JQ 104

is under the jurisdiction of the Bafokeng.

32. We have continued to seek every avenue to have our land returned to us.

Instead, our situation has only gotten worse with the applicants in recent times

holding themselves out as the de facto owners of our land, even interdicting us

from allocating sites as we have done for decades within the village structure.

33. The applicants attach the court order reached by agreement in that matter (case

number M93/16) as "JR11 ". The applicants have the means to use the courts in

this way to get interdicts against a village like Robega with no means to afford

legal representation. In that matter, we ran out of money and were forced to

11

abandon the attorney we had hired. We are only able to defend the present

application because the Legal Resources Centre has offered to provide their

services pro bono.

34. The order reached by agreement in that matter held that no-one, not someone

from Bafokeng or from Robega , may erect structures on Portion O until the

Minister of Rural Development and Land Reform decides on the transfer of

Portion O to Robega. That means that as Robega village, we are unable to

provide sites to the people desperate for houses because the Bafokeng is

stopping us from doing so. It is painful, particularly as Robega has been the

refuge for people from all backgrounds and ethnicities for decades and would

want to continue to be such a place.

35. Most recently, we have had to instruct our attorneys to write to the applicants to

remind them of the provisions of the order granted in the matter M93/16, as

supporters of the imposed Bafokeng headman have started erecting structures

on Robega land. I attach the letter marked "DRS". Our attorneys have received

no response.

36. Today, our land is divided into a residential area, called Robega village, and

agricultural land sub-divided into 20 hectare ploughing fields . We have mines

right on the border of our land on two sides, on being the Bafokeng Rasimone

Platinum Mine and the other an Impala mine. Both mines do blasting under the

surface of our land. There are shafts of both these mines on our land and the

Bafokeng mine is even constructing a 'conveyer belt' that runs from the

12

Rasimone mine across our land to Chaneng , an adjacent Bafokeng area . Our

lives are being made miserable by these mines right there on our borders.

THE HISTORY OF AND AUTHORITY OVER ROBEGA VILLAGE

37. As I have mentioned, the portion of farm Boschkoppies JQ104 (Portion 0) that

houses Robega village, was initially owned by a white farmer known as Mr

Grobler. We believe that the name Robega comes from his name.

38. In 1937, Mr Emdin who bought the farm from Grobler, transferred the land to

the South African Native Trust. The first residents of the Robega village at that

time were the familes of Tshukudu , Motitse, Mopedi, Rampe, Medupe,

Motshelnoka, Thakadu, Motlegelwa, Magano, Mooketsi, Sekete and

Rampinane.

39. Mr Rampinane was the first elected foreman of a democratically elected village

council. That council has governed us for decades without any interference from

the Bafokeng or any other tribal authority. The people of this village came from

all over and had no relation to the Bafokeng other than the geographical

proximity. We developed as a community with our own customary law providing

for elected leadership and not traditional leadership. The government always

respected this choice.

40. In 1948, a number of new families moved to Robega, including the Mosidi and

Tserema from Monakato and the Mokonotela and Mzayi from Swartbank.

41 . In 1952, some of the older residents decided that they wanted to fall under the

...:.... J • • --

13

authority of a tribal authority, and opted to affiliate with the Bafokeng. They left

Robega village and were given residential sites on Bafokeng land. They are no

longer members of our village .

42. Many of the families today at Robega arrived there after 1948.

43. In 1970, the Mogoshame families arrived after being forcibly removed from

Mabaalstad in the District of Koster. There were then 19 families in total at

Robega.

44. In 1979, the South African government transferred the land to the government

of the Bantustan of Bophuthatswana, under the Presidency of Lucas Manyane

Mangope, who was to be the caretaker of both the Robega village and its

residents.

45. During all these years, the residents of Robega paid rent for their stands, for

farming and livestock breeding to whichever government was our caretaker at

the time. I attach hereto, as examples:

a. A 'Permission to Occupy' certificate for a residential site granted by the

South African government to a resident of Robega on 21 September

1981 (Annexure "DR6");

b. Two receipts for livestock and grazing fees paid to the Department of

Agriculture of the Republic of Bophuthatswana by members of Robega

in 1985 (Annexure "DR7"); and

..:.,__ .., ~ . -14

c. Grazing fees paid to the Regional Manager of the Republic of

Bophuthatswana by a Robega resident in 1989 ("DRS").

46. We never paid any fees - or allegiance - to the Bafokeng.

4 7. This remained the situation until 1994 when the land was transferred back to

the South African government. The Department of Land Affairs, as it then was,

took over the role of caretaker on behalf of the government. We continued

paying rental and other fees to the government until 1994. The new South

African government has not charged us any payments.

48. As is common cause between the parties, Robega village has for as long as we

can remember been governed by an elected village council. The elections have

always been arranged by the relevant government department. The applicants

contend that they have 'always' assisted with these elections. That is not true.

They have become a presence only really over the last couple of decades and

since developing mining interests in our land. Dr Gavin Capps sets out this

history in his expert affidavit attached to our papers.

49. The applicants also contend that the elected leader of Robega has always

served on the council of dikgosana of the Bafokeng. That is in fact a fairly recent

and unilateral development. I describe above how it was at the time that Impala

and RPM started asserting their mining rights over our land that the applicants

suddenly anointed our village headman at the time, Mr Motshegwa, as a

headman. The members of the RACC have consistently objected to this

15

initiative.

50. We have always elected a village chairperson to be a foreman and not to be a

headman or a chief. The chairperson is assisted by a village council.

51 . The recent elected foremen were Messeurs Rampinane, Rampe, Mokonotela,

Mooketsi, Motshegwa, Setshogwe, Simelane and finally Mr Mntande. As is

apparent and uncontested, these persons all come from different families and

come from different ethnic backgrounds, reflecting the diverse nature of our

village. They are not in any way kgosana in the way the applicants intend.

52. In 1994, Impala Platinum Mines approached the Department of Land Affairs with

a proposal to develop the Robega village to help with the increased demand for

housing for mine workers migrating to the area. The DLA and the Robega village

approved of the idea. The proposal for the project, attached hereto marked

"OR8", describes the suitability of Robega village for this development project

as follows (p1 ):

i. The fact that ROBEGA is state land makes it ideal for settlement

by non-tribal people residing in the area. Particularly employees

of the close-by mines could be accommodated.

53. In an earlier letter to the Department of Land Affairs about the project (attached

marked "DR9") , the developers wrote that:

i. Robega is one of the few areas available where non-tribal

members (Bafokeng tribe) can acquire land and reside. This is

16

particularly true for employees at the local mines, of whom the

majority do not belong to the Bafokeng tribe.

54. Ironically, while the project never went ahead (because of obstruction caused

by the Bafokeng), the Robega village has continued to allocate stands to people

from all ethnic backgrounds and welcome them into our village. That is partly

why we have a housing crisis today.

55. A series of meetings were held to discuss the proposed development and in the

beginning the stakeholders seemed to think that the Bafokeng authority

extended to our portion of Boschkoppie JQ104. However, at a meeting held on

21 June 1995 between the stakeholders, it is recorded under 'matters arising:

reclaiming of the land by Chief Molotlegi' that (para 3.1 ):

i. The Surveyor-General has discussed this issue with the

representatives stating clearly that the area reserved [Portion OJ is

state land and that the tribe cannot reclaim it as part of their land.

Only a small portion of this farm has been handed over to the tribe.

56. These minutes are attached marked "DR1 O". It bears noting that this was

precisely the time when the Bafokeng started to change their tune over our land

as Impala and RPM moved in to our area.

57. It further transpires from the minutes that Chief Molotlegi received payment for

the water rights of the Robega village from the Bophuthatswana government,

but now refused to hand over those rights. The minutes record, under para 3. 1:

17

"It can be seen as a clear indication that the refusal of the water rights to the

Robega community can be seen as a delaying tactic for any development in the

Robega Village".

58. At the next meeting, held on 5 July 1995, Mr Diole of the Department of Land

Affairs reported that

i. Through previous investigation it was established that the Tribal

Authority [of Bafokeng] received funds for the water rights for the

Robega Community. The Chief agreed to supply water to

Rasimone, Chaneng and Robega; however at a later stage the

Tribal Authority declined to supply water seemingly because

Robega is State Land. The minutes are attached marked "DR11 ".

59. It is ironic that the RBN are now talking about the development they have

brought to Robega. In fact, we have heard them in meetings tell us point blank

for years that they will not bring development here until we accept their authority.

The developments that they mention in the Founding Affidavit and that I will

respond to specifically below, were developments brought by and for the benefit

of their Rasimone mine situated on the border of our land. That mine happens

to belong to the Bafokeng, and it has built roads on our land to facilitate the

movement between the Rasimone mine and Chaneng, another Bafokeng area

adjacent to our land. It was not what we wanted and it was not intended for us.

18

AD SERIATUM RESPONSES

AD PARA 1

60.1 deny that Mr Rapetsana is duly authorized to depose to an affidavit on behalf

of the second respondent. There is no legal entity called the 'Royal Bafokeng

Nation' , as I explain below.

AD PARA 2-3

61. Save to deny that all the facts contained in Mr Rapetsana's affidavit are true and

correct, I admit the rest of these paragraphs.

AD PARA 4-5

62.1 deny that there is a traditional community by the name of the 'Royal Bafokeng

Nation' recognized in terms of the North West Traditional Leadership and

Governance Act 2 of 2005 ("Act 2 of 2005"). The community is recognized as

the Bafokeng and the First Applicant is indeed recognized as the Kgosi of the

Bafokeng community. The Bafokeng community has been rebranded as a

'Royal Nation' in recent times, but this has never been recognized in law.

63.Accordingly, I deny that the entity called 'the Royal Bafokeng Nation' has a

separate legal personality and is capable of initiating the application in its own

name.

AD PARA 6-9

64.1 admit the contents of these paragraphs.

19

AD PARA 10

65.1 admit the contents of this paragraph. At the time of the creation of our

Committee, we compiled a membership list which at the time consisted of

around 830 residents of Robega. The list is attached to annexure "DR1". I

estimate that our membership has grown significantly since then, but we

unfortunately don't have a recently updated list.

AD PARA 11-12

66.1 deny that the applicants are entitled to the orders sought.

AD PARA 13

67. I once more deny that the Royal Bafokeng Nation is a traditional community

"duly recognized in accordance with both the provisions of the Traditional

Leadership and Governance Framework Act 2003 ("the national Act") and Act 2

of 2005". I attach hereto the most recent Gazette recognizing the traditional

council of this community in terms of Act 2 of 2005 marked "DR12". The Gazette

clearly refers to a community called the Bafokeng.

68.1 don't have knowledge of how many villages make up the Bafokeng or their

specific leadership structures. I do know that Robega is not a village that is part

of Bafokeng and does not have a kgosana or Bannakgotla. We have governed

ourselves for decades through an elected village structure.

AD PARA 14

20

69.1 admit the contents of this paragraph.

AD PARA 15

70.1 deny that there is a Royal Bafokeng Nation Traditional Council, but I do admit

that there is a Bafokeng Traditional Council. I have attached the Gazette

recognizing this Council above marked "DR12". I deny that this is a 'legislative

body': in terms of the National Act and Act 2of 2005, the traditional council is an

administrative body. I am advised that it has no authority in terms of statutory or

customary law to 'legislate'. I have no knowledge of an institution called the

Supreme Council.

AD PARA 16

71 .1 deny that this community is well administered. In Robega village, we have often

had to take in refugees from the Bafokeng area who were shunned by the

applicants for not being Mafokeng. Our dealings with the RBA through their

mining interests bordering on our land have also not convinced us of their fair

administration.

72. In any event, even if the Bafokeng is well administered, that does not provide

the basis for imposing their culture and custom onto our village.

AD PARA 17

73.1 note the contents of this paragraph.

AD PARA 18

21

74.As I am not a member of the Bafokeng community and have never attended a

Kgotha-Kgothe, I cannot admit or deny this allegation.

AD PARA 19

75.1 admit that the Constitution binds the RBA to these principles.

AD PARA 20

76.1 note the contents of this paragraph. As I am not a member of that community,

I have never attended a Kgotha-Kgothe.

AD PARA 21-22

77. I don't know of any meetings where we were consulted about the encumbrance

of our land brought about by the Bagokeng Rasimone Platinum Mine.

AD PARA 23

78. I deny that the portion of land where Robega is located "was historically referred

to as 'state land'"'. It was and remains state land. It is indeed held by the Minister

of Rural Development and Land Reform on behalf of the State.

AD PARA 24

79.1 deny that the portion of land on which Robega village is situated was "duly

defined and enumerated" in the schedule referred to and attached by the

applicant. That Proclamation does not deal with the boundaries of our land or

any land, but with the extension of the jurisdiction of the Bafokeng as was the

~~.

Mx.P ·¢-22

modus operandi of the apartheid government. As I have explained, the

Proclamation defines the types of land that is included under the jurisdiction of

the Bafokeng as farms which:

a. Are the property of the Bafokeng Tribe;

b. Are the property of the South African Canty Trust and have been allotted

to the Bafokeng Tribe; and

c. Are private Bantu property.

80. The remaining extent of Boschkoppie JQ104 is not land that falls within these

definitions. As such, the Proclamation does not apply to our land. As I have

indicated, this has also been the case in fact the Bafokeng did not involve

themselves with our village until around 1995 when they developed mineral

interests on our land.

AD PARA 25-26

81 .1 deny these paragraphs, I also deny that "in accordance with the said

proclamations" the land on which the village of Robega is situated "has been

allocated to the Royal Bafokeng Nation to administer and control". I have

explained why that is a misrepresentation of both the legal and factual situation.

AD PARA 27

82. Save for the assertion that "the village councilor elected as the Chairperson

serves in the council of dikgosana of the applicants and the Supreme Council"

23

in as far as that suggests this has always been the case. As the attached expert

report by Dr Gavin Capps attests, the Bafokeng unilaterally turned the elected

foreman of Robega Village into a member of the council of dikgosana in 1995

when they wanted to start asserting their authority over our village.

AD PARA 28

83. 1 deny that the elections of our village council have "always" happened "with the

assistance of the applicants since the adoption of such a leadership structure".

This is a development of the last couple of decades and we have been resisting

it throughout as I have explained above.

AD PARA 29

84. 1 admit that our elected structure is no longer provided for in legislation, it does

constitute the customary law of Robega village. I am advised that that provides

the legal basis for our village council. In any event, I do not believe that the RBN

has the right to stage a coup in our village simply because the elected structure

that has governed our village for decades, is not described in any statute.

AD PARA 30

85.1 admit the contents of this paragraph. In fact, I was the chairperson of a task

team created in 2014 when allegations of corruption against the elected

structure surfaced from the treasurer of the council at the time.

24

86. The Chairperson, Mr Mntande, who was implicated in the corruption, proceeded

to remove all the members of the village council who were making allegations

against him.

87. The RBA still proceeded to anoint Mr Mntande (who is a Xhosa man), as

'headman' of Robega and have continued to entertain him as the representative

of our village despite the fact that he has been rejected by our residents.

88. Recently, we had to instruct our attorneys to write a letter to Mr Mntande to

desist from holding himself out as the headman of Robega while there is a

signed agreement between the parties that the village will be under

administration pending a newly elected structure. I attach that letter marked

"DR13". Our attorneys have received no response.

AD PARA 31

89.1 admit that Mr Mntande removed members of the council who were fingering

him for corruption .

AD PARA 32

90. Before we sought the intervention of the MEC, we reported the corruption of Mr

Mntande to Mr Rapetsane of the RBA given that they continued to host him on

their dikgosana council. The RBA ignored us.

91. We also reported it to the DRDLR and COGTA, but received no response.

\~~

~~~ £) - ~ 25

92. We were thus very grateful when the MEC at the time, Ms Tebogo Madise,

accepted our task team's report on the corruption and decided to dissolve the

village council pending a commission on inquiry into the allegations.

AD PARA 33

93.1 admit that the applicants were not involved in the investigations, but that is

because they ignored our reports to them on the corruption. In particular, we

advised Mr Rapetsane, the chair of the dikgosanas, of the allegations of

corruption even before we reported the matter to the MEC. The RBA was well

informed and could have been involved, in particular because of their continued

backing of Mr Mntande, but they chose not to do so.

AD PARA 34

94.1 deny once more that the RBA is the "authority responsible for administering

Robega village" as I have explained above. The MEC thus had no duty to inform

them of the decision. On the contrary, the MEC acted in line with the legal and

factual reality of Robega.

AD PARA 35-38

95.1 admit the contents of these paragraphs. We were very happy that the MEC

planned to investigate the allegations against members of our village council.

AD PARA 39-40

96.1 note the contents of these paragraphs. I can neither admit nor deny these.

~~

~Jt'yl . ~ ~)-~ 26

However, I do not understand why the applicants believe that they had to be

advised of a meeting with the Robega community. There is no such obligation

on the MEC on anyone else.

AD PARA 41

97. I attended the meeting described in this paragraph. I admit the contents of these

paragraphs.

AD PARA 42

98.1 confirm that we have also had no indication from the second respondent's

office that any of the actions promised have been undertaken.

AD PARA 43 - 44

99. These paragraphs are denied. It is not true that there are no local

representatives. Our committee has for example continued to deal with

community issues such a crime in the area, but Mr Mntande, who insists that he

is still the 'headman' of Robega , consistently interrupts such meetings in an

attempt to stop any local community organization. I refer in this regard to the

letter attached marked "DR13".

100. It should also be noted that people from Robega can get proof of

residence letters from the local ward councilor and the current situation has not

complicated that issue. However, there is the problem that the Bafokeng

controlled mine on our land only accepts proof of address letters from the RBA

27

for purposes of seeking employment. We are thus barred from accessing

employment at the mine on our land because we will not pretend to be members

of the Bafokeng.

101. Allocation of stands is a problem because it has always been dealt with

by the village council (with no interference from the RBA at any stage). I attach

an example of a site allocation by the council marked "DR14". The current

impasse means that no new stands can be allocated which is why the issue has

ended up in the Courts in separate proceedings.

AD PARA 45

102. The RSA has no authority over the members of Robega and therefore

the MEC's office is entirely correct in not handing over our village to the RSA

AD PARA46

103. I deny that I encourage "lawlessness and disorder" at Robega. On the

contrary; I insist on the proper interpretation of the Proclamation that the

applicants mistakenly rely on; and I insist on the customary law of Robega

village to be followed. That customary law does not include being Mafokeng or

subjects of the RBA.

AD PARA 47

104. I deny in the strongest terms that any member of Robega village,

including myself, have allocated land to ourselves. That is a willful

-~~

X;0,. :-_'w · ~ 28

misrepresentation. Because of the impasse in governance and thus land

allocation, and because of the continued demand for residential sites at Robega,

our structure that is supported by hundreds, if not thousands of Robega

villagers, decided to allocate land to some residents who made applications and

were desperate.

105. I also deny that the High Court "effectively interdicted" us from "engaging

in acts of unlawful grabbing of land". That is entirely untrue. The Court Order

interdicts everyone, including the RBA, from attempting to allocate or occupy

land in Robega pending clarification by the Minister of Rural Development as to

the future of the remaining extent of Boschkoppie JQ 104.

AD PARA 48-53

106. I note the reference from the Constitution. I deny however that the

applicants have had any authority to over Robega and therefore there is no

intrusion into the applicant's role as traditional leaders.

AD PARA 54

107. I deny that the second applicant has embarked on these infrastructure

projects "as the responsible authority over Robega". The applicants were paid

R3 million by the Bophuthatswana government to provide water to Robega, and

still refused to do so until 1995 on the basis that they are not the responsible

authority over Robega

108. Moreover, most of the water pipes installed at Ro beg a, the water

~~

~ Y':"'-. '-- G ,. (, 29

reservoir built and the roads upgraded were all done to facilitate the mining

activities of the RBA on our land. It is not part of 'service delivery' to Robega.

109. I also admit that the Bafokeng-controlled mine has done some smaller

community projects like building a school in the area. They did this in the mid-

1990s when they were first attempting to grab our land. They didn't ask us what

kind of development we want. If they did, we would have said that we do not

need a new middle school as the people of Robega had already built a school

for our people.

AD PARA 55

110. I don't know what the deponent is referring to when speaking about

capital expenditures in "these areas" . I do know that the RBA has not spent

"thousands of million rands" [sic] in Robega. In any event, customary affiliation

cannot be bought.

WHEREFORE I pray for an order dismissing the relief sought in the notice of motion

with the costs of two counsel.

:z.....o \·7 l D (:;, \ 0-b x-~~--The Deponent has acknowledged that the Deponent knows and understands

30

the contents of this affidavit, which was signed and sworn to or solemnly

affirmed before me at~ on <9b - ~l.-\ .--..)-C 2017, the

regulations contained in b ov~ nt Notice No. R1258 of 21 July 1972, as

amended, and Government Notice No. R1648 of 19 August 1977, as amended,

having been complied with.

¼r-rn . D· YL·

31

I •

Dr:,11 r~. ~

CC)NSTITUTION

OF

ReBEGA COMl\,1UNl1~Y CRISIS foic·r2

10N C'0f\t1MITTEE (ROBCOM)

REQUIRED FOR THE REGISTRi\ TIQJ\j AS P\ t\JONPROFIT ORGAf\.HSATION IN TERMS OF f\JONPROFIT ORGJ.\NISATIONS .ACT 1997,

{:~ct i\lo 71 of 1997)

Drafted in conjunction with the fv'Janagement Committee of ROBCOM Henk Schuring Philip du Toit Attorneys Tel No: (012) ·664 0704 Fax No: (012) .664 2436 , i

32

CONsrtrUTION

'i, Name

i .1 The organisation hereby · constituted will be called ROBE GA COMMUNITY CRISIS ACTION COMMffTEE.

1.2 Its shortened name will be ROBCOM (hereinafter referred as the organisation).

1.3 Body corporate

The organisation shall:

, Exist in its own right, separately from its members.

• Continue to exist even when its membership changes and there are different office bearers.

• Be able to own property and other possessions.

Be able to sue and be sued in its own name.

2 Ob . . f, " ... . · 1ecL1ves

(a) The organisation 1s main objectives are to seek, obtain and/or establish

inter alia:

i) social and community se:-vices, (e.g. water, electricity. roads. creche's, schools, clinic's, community hall, sport facilities and library and/or other community amenities);

H) infrastructural improvements, (e.g. upgrading of roads, street lightning, water provision within homes, sewerage);

iii) employment opportunities, (e.g. give assistance in establishing small scale viable agricultural or commercial projects by means of granting financial loans to members of the oraanisation who ~rQ u nnmr,ll"\yod) ;

iv) perm~nent property rights; (for all ROBCOM members residing on Remainder of Boschkoppie and/or to upgrade PTO (Permission to Occupy) Certificates rights granted to them by previous authorities to permanent property rights);

v) mineral rights and/or securing royalties, fees or levies for the exploratk>n of minerals on Remainder of BQschkoppie;

l

M t.; , K-33

3.

3 . 1

3.2

3.3

3.4

4.

4.1

4.2

vi) monthly correct water and electricity accounts, controlling' and ,checking rates, levies, and service charges, arnording to approved rates for water and electricity consumed by Robega residents and/or ROBCOM members as listed on their accounts by the appointed service provider and to take appropriate steps were such rates and or service charges · are in excess. of the approved rates and to rectify other omissions and/or faults caused by the relevant service provider;

vii) sufficient funds to implement and carry out the above matters

for, on and of the area known as Remainder of the farm Boschkoppie 104 JO, (registered as RSA State Land, held under Title Deed T12173/1937, extent : 1886, 3693 hectares), North-West Province, presently occupied by members of ROBCOM for the exclusive benefit and use by the members of the said organisation, either individually and/or collectively.

(b) The organisation secondary objectives will be to work in close collaboration with other organisations (governmental or private) and/or to obtain their services and . expertise to support and give assistance to achieve the objectives as stated in clause 2 (a) above.

Income and property

The organi:;;eition Will l<i:eep a record Of everything it OWnS.

The organisation may not give any of its money or property to its members or office bearers. The only time it can do this when it pays for work that a member or office bearer has done for the organisation, provided thi3t such work was authorised by the management committee. The payment must be a reasonable amount for the work that has been done.

A member of the organisation can only get money back from the organisation for expenses that he or she has paid for or on behalf of the organisation .

Members or office bearers of the organisation do not have rights over things that belong to the organisation.

1

I

Membershin ~nd Geneiai Meetinos . . .·. . ..,,.,.

All 828 (Eight Hundred and Twent-1 Eight) persons as listed in the attached Hst ANNEXURE A, being the names and signatures of Robega Residents and wh~ are residing on the Remainder of the farm Boschkoppie 104 JQ are · members of the organisation.

lf a person (not listed in the said list) wants to become a member of the organisation, he or she will have to ask the organisation's management committee. The management committee has the right to say no.

2

34

4.3 Only persons residing on a permanent basis on the Remainder of the farm Boschkoppie 104 JQ and who adheres to the objectives q1s listed in clause 2(a) and (b) above and who associates himself or herself with the cultural values of the ROBEGA COMMUNITY is entitled to become a member' of the organisation.

4.4 Persons_ who permanently leave the area (Remainder of the farm Bochkoppie) and who no longer wish to be associated with the ROBEGA COMMUNITY and/or ROBCOM, their membership of the organisation will be terminated.

4.5 Members of the organisation must attend its annual general meetings. At the annual general meeting members exercise their right to determine the policy of the organisation.

5. Management

5. t A management committee will manage the organisation. The management committee will be made up of not less than 6 (six) office bearers, listed below and executing their duties as mentioned:

•

i)

ii)

iii)

iv)

v)

vi)

Chairperson· : Shall preside at all meetings and is the official representat.ive and head of the organisation;

Vice Chairperson : Shall preside in all functions of the Chairperson, when the Chairperson is absent;

Secretary : Shall keep minutes and all records relating to meetings and agendas

Vice-Secretary : Sha·u assist the secretary to carry out ail secretarial functions

Treasurer: Shall keep all financiai records of the organ1saticn .

Ulernber : Shall assist the secretary and/or the treasurer whenever requested thereto.

The above six members are the office bearers of tt,e organisation .

5.2 Office bearers wi!I serve for two vears, but they can stand for re-election for another term in office after that. Depending on what kind of services they grve to the organisation, they can stand for re-election rnto office again and again. This is so long as their seNices are needed and they are ready to give their services.

5.3 If a member of the management committee d,:>es not attend three management committee meetings in a row, without having applied for and obtaining leave of absence from the management committee, then the management committee will find a new menber to take that person's place.

3

35

! ·

5.4

5.5

5.6

5.7

6 .

6.1

6.2

6.3

1 ..

7. 1

7.2

7.3

The management committee will meet at least once a month. More than half qf its members neeq to _be at the meeting to make. decisions that are a-llowed to be carried forward. This constitutes a quorum. . Minutes will be taken at every meeting to record the management committee 's decisions. The minutes of each meeting will be given to management committee members at least two weeks before the next meeting. The minutes shall be confirmed as a true record of proceedings, by the next meeting of the management committee and shall thereafter be signed by the chairperson .

The organisation has the right to form sub-committees . The decisions that sub-committees take must be given to the management committee. The management committee must decide whether to agree to them or not at its ne:>ct meeting. This meeting should take place soon after the sub-committee's meeting. By agreeing to decisions the management committee ratifies them.

All members of the organisation have to abide by decisions that are taken by the management committee.

Powers cf the organis&tfon

The management committee may take on the power and authority that it believes rt needs to be able to achieve the objectives that are stated in clause 2 (a) and (b) above of this constitution. Its activities must abide by the !aw.

The management committee has the power and authority to raise funds or to invite and receive contributions .

The management committee does, however, have the power to buy1

hire or e~change for any property that it needs to achieve its objectives.

The management committee has the right to make by-laws for proper management, including procedure for application, approval and termination of membership.

Meetings and procedures cf the commiUee

The management committee must hold ,at least two ordinary meetings each year.

The chairperson, or two members of the committee, can call a special meeting if they want to. But they must let the other management committee members know the date of the proposed meeting not less than 21 days before it is due to take place. They must also tell the other members of the committee which issues will be discussed at the meeting. If, however, one of the matters to be discussed is to appoint a new management committee member, then those calling the meeting must give the other committee members not less than 30 days notice.

There shall be a quorum whenever such a meeting is held.

4

I.

__ ____ .,, __ _ 36

7.4 Wlien necessary the management committee will vot,e on issues. If the votes are equal on .an .issue, than the chairperson, has either a second or a deciding vote.

7.5 Minutes of all meetings must be kept safely and always be on hand for members to consult.

7.6 If the management committee thinks it necessary, then it can decide to set up one or more sub-committees. It may decide to do this to get some work done quickly. Or it may want a sub-committee to do an inquiry for example. There must be al !eat three people on a sub-committee. The sub-committee must report back to the management comitttee on its activities. [t should do this regularly.

8. Annua! general meeting

8.1 The annual general meeting must be held once every year, towards the end of the organisation's financial year. The organisation should deal with the following business, amongst others, at its annual general meeting:

• Agree to the items to be discussed on the agenda.

• Write down wh o is there and who has sent apologies because they cannot attend.

• Read and confirm the previous meeting 's minutes with matters arising.

·"$ Chairperson's report. ·

• Treasurer's report.

n Changes to the constitution that members may want to make.

• Elect new office bearers.

111 General.

~ Close the meeting.

9. Finance

9.1 Ari accounting officer shall be appointed at the annual general meeting. His or her duty is to audit and check on the finances of the organisation. .

9.2 The treasurer's job is to control the day to day finances of the organisation. The treasurer shall arrange for al! funds to be put into a bank account in the name of the organisation. The treasurer must also keep proper records of all finances.

5

M, D, .. e. 37

I _ 9~3 Whenever funds are taken out of the bank q.Ccoun t, the chairperson and at least on_e other office bearer of the organisation mus\ sign the withdrawal or cheque. '

t

9.4 The financial year of the organisation ends each year on 31 March.

9 5 In order to be able to implement the objectives as mentioned in clause ·2 (o) and (b) above, it is essential that each member of the organisation will pay a contribution of R·rno.oo ;one hundred Rand) per ·,rear to the organisation. lt is the duty of the treasurer to keep secure record of all members who have paid their yearly contribution.

The yearly contribution must be paid by the members of the organisation before or on each annual general meeting and before a general annual meeting is to be held, the management committee will appoint a sub­committee to assist the treasurer on such forthcoming general annual meeting in collecting and writing out receipts for those members who have to pay their yearly contribution .

9.6 It is the duty of each member of the organisation to submit by hand or by post his or her yearly contribution of R 100.00 to the treasurer of the organisation.

9.7 On each annual general meeting, the treasurer's report must be read and depending on the funds . available and/or funds needed for new or existing projects, in accordance to the objectives as listed in clause 2 {a) and (b) above, it will be decided by majority vote either to maintain, decrease or increase the yearly contribution of R100.00 to the organisation.

9.8 The organisation's accounting records and reports must be ready and handed to the Director of Nonprofit Organisations within six months after the financial year end.

9.9 If the organisation has funds that can be invested, the funds may only be invested with registered financial institutions. These institutions are listed in Section 1 of the Financial Institutions (Investments of Funds) Act, 1984. Or the organisation can get securities that are listed on a licensed stock exchange as set out in the Stock Exchange Control Act, 1985. The organisation can go to different banks to seek advice on the best way to look after jg funds.

I

i o. Changes to the constitution

10.1 The constitution can be changed by a resolution. The resolution has to be agreed upon and passed by not less than t~o thirds of the members who are present at the annual general meeting or special general meeting. Members must vdte at this meeting to change the constitution. ·

10.2 Two thirds of the members shall be present at a meeting ("the quorum") before a decision to change the constitution is taken.

6

38

Any annual general meeting may vote upon such a notion . if the detai ls of the .changes are set out in the notice referred to in clause 7.2 above.

' '- , j.

10.3 A written notice must go out not less than fourteen (14) days before the meeting at which the changes to the constitution are going to be proposed. The notice must indicate the proposed changes to the constitution that wi ll be discussed at the meeting.

10.4 No amendments may be made which wou ld have the effect of making the organisation cease to exist.

11. Dissolution / Vt/inding~up

11 .1 The organisation may close down if at least two-thirds of the members present and voting at a meeting convened for the purpose of considering such matter, are in favour of dosing down.

11.2 When the organisation closes down it has to pay off all its debts. After doing this , if there is property or money left over, such assets wil l be given to another nonprofit organisation that has simtrar objectives, provided that at the time of closing down the relevant property or money left over, was donated by the state or private institution. If that is not the case and the remaining assets of the organisation had been obtained by the contributions rece ived from the members of the organisation, the members have the right to decide by majority vote to which institution the remaining assets are to be donated or that it should be utilised for the benefit of the whole ROBEGA COMMUNITY.

This constitution was approved and accepted by the members of ROBEGA COMMUNITY CRISIS ACTION COMMl"i"TEE (ROBCOM)

At a special general meeting held on __ :l_,_2-, __ f)_u.,,_,~J,__u_i_t _ _ __ 2004 at

Robega Village situated on the Remainder of the farm Boschkoppie 104 JO . I

t . -!. 300 Number of members who attended the above meeting : _________ _

- 0~ \,~A...: .; . I

Chai rpers~B S Simelane Se1tcrc.,t!1.1'1:,; Da.niel Mabjaia

pp: Jcic-ob /V: tJ3ob h q n e..

7

39

I i

• ! j

; ,.-;

ANNEXURE: A . ._,

LIST OF ME.MBERS

OF

ROBEGA COM. MU,N.fTY - .. .

CRISIS ACTION COMMIT~fE.E

(ROBCOM)

residing O{l

Ren1f.1inder of Bos.chkoppie 10.4 JQ

40

I; . ,_ . . . NAMES Ai'lD StGNATUHES OF ROBEGA RESJDEN'T.~i

' • j

I t . ;

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41

i: : .

NAMES AND SIGNATURES OF ROBEGA RESIDENT~;.

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87

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J/11/1 ?Hc~t,lf Z"!/11/~o/~ I

~ Office Property

BOSCHKOPPIE, 104, 0 (REMAINING EXTEN GENERAL INFORMATION

Deade Offlc:e

Data Requeated

Information Sou~

R~rence

PROPERTY INFORMATION

Pl'ope~ TY!I• Fv111 Nama

Farm Numb•

Portion !'lumber

R1111lstrallon Division

LPI Code

O'ft!t,IER INFORMATION

OWNER i OF2

Company Type

Name

Reglatratlon Number

Multiple Owner•

Mulllple Propartlaa

Share

OWNER20F2

Company'lype

Name Registration Number

Mulllple OWners

Multiple Properties

$hare

ENDORSEMENTS (4)

# Document

l-13226/2008LG

PRETORIA

2016/08/25 12:44

DEEDS OfFICE

,.;,' .

F.-.RM

I BOSCHKOPPIE

o (REMAINING EXTENT) JQ

TCJQ00000000010400000

GOVERNMENT

REPUBLIC Of BOPHUTHATSWANA <-i.·; .. ::·~

NO

NO

GOVERNMENT REPUBLIC OF BOPHUiriATSWA'IIA

NO

NO

Institution

PRETORIA

Dl111ramDtec:1

.,-1 Extent

Local Aulhontr

Prolllnce

Previous Description

TIiie Deed

Mlcrofflm Reference

Purchase Price (R)

Purchase Dare

Regl&tratlon Date

Title Dud

Microfilm Raferance

Purch•• Price (R)

PurchMe Data Registration Date

windeed Information is our business

T951/1876

1886.3894H l NOT

0

AVAILABLE

NORTH-WEST

T12173/1937Bf> ,.,.

NIL

1937/06/25

T538/1979SP

TRANSFER SY ENDO

Amount Mlcrofllm

UNKNOWN 2008 1115 4160 -·-··-- -·- -·-----·--·--·-·· --- -----·- ···- --·- ·-·- ----·---------··--···. -2

3 \

4

HISTORIC DOCUMENTS (1)

# Document

. T12173/1937BP

- ,--~-· ---- --- ---·-···---- ········-·-··· .. ···- - ....... -- .,.,. .

owner Amount Microfilm

SOUTH AFRICAN NATIVE TRUST NlL

DISCLAIMER. This report contains infonnation gathered from our.auppfier& and we d0 not make any representetlons about the accuracy of the deta d'.splayed ~or do we accept

,esponsibility for inaccu:erte dalil. WinOeed will not be liable for any damage oaused by relfsnce on this report. Thb report is subject to the terms end conditlor,s of the WlnDeed End

User Ucence Agreement /1:U!.A\.

- ~ . ~.-. -"- ... • '

1-- _,.._a.. • · ,I .... ..J-,,,.~ -- - _..._,n _,_.,. .. rtffi "~ ,u ...... ,~ ... :-• ..... ,.,,....._ 0'1'ltJcA '1. "l~ .. ;m,..,ii;-,.; r'»""o,..1,,-..,.i ,l"l,.i,.; Q\/ar~i1\~r=a10.oll.~lv-f.l'ofR~rr.hln!=;1 1rP.Rtnmn=Trl1A&shawSearc . . .

77

I PHlLIP DU TOIT

INGELYF/lNCORPORATED PROKUREURS • ATTO~NEYS

ON$ \'l:.'.R 1..\'-'-G,tt!{· REF· q V{:;"~;y; Y~J:1.~ RH

PR DU TOIT /H Ii SCHURING RD0081

1 SEPTEMBER 2003

Ors Sibanda Department of Land Affairs Private Bag X833 PRETORIA

) 0001

Dear dr Sibanda

TRANSFER OF CERTAIN STATELAND : THE REMAINDER OF THE FARM BQSGH:KOPPIE 104 JQ IN FULL OWNERSHIP TO THE ROBEGA COMMUNITY •. • .~.::c= ~ • • . - . . . . • . . • . .

W$ .. hay,~ p,ee,n instructed by our client, the Robega Village Council together with the Robega Community Crises Action Committee to inform you of the de facto position

. regattlirfg{,the: area occupied by the. Robega Community, known as the Remainder of "lfie'.t;farm<IE}psctikoppie 1:'04 JQ: ' _,;,:.,,, ,,.,, .. ,.. -~

-?~rt! f?;½9pe~yha? been occupied for decades by the Robeg·a Community "'t ,,. · · _cprnt'l)qoltyj~ claiming ownership of this property in terms of the "rntr e: · lati<;>n.,:('psta Act 62 of 1997) and/or the new Communal Land

~ ' t~(. ~"t-~·

2c . :·, ,·f6;_RQbeg'~ 0"'or:t1004.,nlty;a,el<qp~ledges the fact that portion 1. (formecly-known " ;. , a§>Port{oril1Lof·tp_~·farr:orB9,spn~oppie 194,JQ is registeredin the n~rne qf the

Minister of Land Affairs -in . trust f0r -tl1Ei ' Bafokeng Tribe an'.d as such this _:property _is l~g:~llY, ~~<:!er th~ ad~idis,ra,tiorfiand"cQntroJ of the~RoY-aJ. Bafokeng.

'";'',,;;,;·,; -~ ·· -(!~ ;0 :r:; 'ifi- ,,., '''" ,.,,«, •·,+rn®'.. :~' ;'1 _, · \ · · - ,,_,.,n,·rr. 1-1,nrtu,n f '

2J !;::!::::*~~~~~

• F.r~1ts'1rlUttn t 1~. C,t;h-tt,\L O;ncr Pi,.\ic, IF-~NIA\l" 2·•;"7 jr1'tr,1 .. l\Vl'~.1)r_; Cr:~1wR10tt • Pi:...-;:rt.1$/P O Mx 10780.: (:r.srt.1i::'l(":N 0046 • Dc~:::(~o; tp.11an)N

· Ttt: 10 l 2Hl1>4 0704'. f AXslFAX: {0 Ill 66(•.2436 .E·J~~-Y~L: pith..1tdt1.nc.fd:m~.cp za

tl1!(£:p(tJtf;~J)RECt0!($; ~H:1.UPPUS RUQOV» OU YQIT .0.A tlfPJ. _8 P:icc.. ~l!l\15,,,.~, A .. -\".ri.;-C.PP. MI F!h.t. PETnos CROBBtLUlt !UliOC·HIPI. :WfRNUt BARNAAO. B Flt-;)(;~ !U(<'1 ,, --... .fwc,r:;:rr.v ... -... 0:t:'V!-:h\'S'Sl~i"t!l} BY:..MA.IUND,\ ct.AUOIA "'10001£' ULC.1.1.e lUP1. ANTON lOSIA 8RUN( ilC'OM w, -~'Tf,u. ,

78

)

3.2

· As the Robega Community has been residing for many decades on the Remainder of the farm Boschl<oppie they are entitled that this property be trc.1nsferred in ownership to the Robega Community. rhe said Community has adopted a Constitution to regulate and obtain basic servic~s for the community, residing on the sc1id property. '

We are aware that the Communal Lane! Rights BiJI has been submitted to parliament to enable the Minister of Land Affairs, after acceptance and promulgation thereof as an Act of Parliament, to transfer specific State Land to trac;:litional communities.

ln order to ensure that the Robega Community's tenure security is protected and acknowledged it is essential that the Community be given ownership of the relevant land as soon as the said Act has come into operation. In this regard we wish to underline the fad that the Robega Comm_unity experiences a continued threat from the Royal Bafokeng people ih being bamboozled under 8afokeng control and administration. This becomes clear as the adjai;:eqJ property, being Portion 1 (formerly Portion A) of the farm Bosthl<oppie is legally under the control ahdjurisdiction of the Bafokeng.

3.3 The Robega Community has a right to be acknowledged as a separate entity wittrits.own cultu.ral values and rules but finds it difficult to protect its members Jrbm~;t.Jnla\_3/ful advances by the Bafokeng , whilst the latter has a hidden

', ~g~na? in trying to take over the administration of the iand occupied by the .. · ~obe,ga's~ We attach hereto a copy of a letter. addressed tb Chief Leruo

H , '" • ·• "' • " • 'l wh i h e a· - · · , ·t~ .i.

4 :' >/'., Qn~behalf of our client we therefore request that a process be started whereby t1

;· :;: Jfre~;retevant la_nd can be transferred in ownership to the Robega Community in "'· · · )J.l'~ ,qf the 'Commt,mal Land Rights Act or any other ,relevant and applicable

,;,s~gi'slation .

.. rj '.• , lh '' addition We have been instructed to inform OU that the O nrYirn, _

'· "·· "':"' ."ts. o the opinion that the transfer of ownership of the land shou.ld include the ··":.~;l'.riJn~ral rights of the property concerned, provided of course that the mineral "' :;dghls belong to the State and not to a third party,

of our letter in writing and we thank you in

• 2 . r; t4f{:.ii:r~1IJ,.;1t":":t'i . C'rt...TP,\t., O t 'F:{r p,.,t.oc_ l!: ,\NL'\.V~ i'H tr ,'\N ,'\i.n.ur: . cr.;rnJIU\:t,. ·~l:~,~-'~'P O i'kn; 1_0780. Cnr-u~il"!N µ()4.(1 • f'){cr-"~ 4b, Cr ".T..)h">~I

.. Tn, (012) 664 0704, fAK$/fAX , (012) 664 2436 ~-f"tr.,tt·MAI!.: ptluh)itint<itn,w~l>.<u z~

CIRC.t{tt!~.£.,p~~~q-:,ij:$;,'rtttLIPPUS RU0~t.ftt tH) TOil n .. \ -~UP1. 1'SRC'-C 1l! :S:lc;A,. ,\.,\,\~R ~ P(•.J.,I: l S'IM, Pntius cnOae.(\...V.lt. f.! f'~OC tlJl'l;~~NER BARNARD ~f_:R_X ! Vf11 . ·, - . (\)•c cFt'-X.\N OCJ~; .• \'!.-:O:~sn:o BY MARINDA CL.AUOtA MOODIE. lll.('.Ll,H t l..lP! ANTON JOSIA B.RUN.E !:' t.'tW-U.J.\ (':-,11:l..t.

,

79

•

•

(K C C. AC I O -=,"" t -

Philip du Toit···· Ingelyf +lncorporat~ R &+-1"' u PROKUREURS + ATTORNEYS u 'f-

Eeqheid • Unit 17, Central Office Park,

Jeanlaa:n 2q7 JeanAvenue, Centurion. Pbsbus + P O Box 10780, Cntm 0046

Docex 40, Centurion.

Tel• Phone: {012} 664~0704 faks • Fax: (012) 664-2436

E-pos • E - mail: pdutoitinc@mwe b. co .za

LtTlGASIE + KOMI\!ERSIJ.~LEREG + GRO~WE;ISE t PERD!::P/\RtYEISE'. + BOEDELS + 'rnANSP0RT8ES0RGERS LITIGI\TlON. COM~tE!lCl!\L L!\W. L.I\ND ,CL(\!~lS. TllmD PAR'l'V CLA!h[S. ES'fATES +· cb)\lVEYANCEl{S

Ons verw/Our ref: P R du Toit / H H Schw·ing RD0081

4 February 2004

Mr Monty Malebye Director : Regional Office Department of Land Affair$ Brokers House c/o Van Veld en and Hitzstreets BRITS North-West Province

Dear Sir

U verw/Your ref:

' OVll~FR~HIP OF REMAINDER OF THE FARM BOSCHKOPPIE 104 JQ ROBEGA COMMUNITY AGREEMENT IN PRINCIPLE FOR ENTERING INTO A $ERVttUDE/LEASE AGREEMENT. BETVVEEN THE STATE (ON BEHALF AND IN FA.VOUR OF THE RO BEGA CQ_MMUNITY) AND IMPALA PLATINUM LIMITED

In view of the focthcoming meeting on 6 Febrnqry 2004 between yourself; repre5entatives of the Robega Community and representatives of Impala Platinum Limited, we submit some background information to highlight and explain the issues as stated above.

1. Legal Representation

L1 We have been mandated by the Robega Community Crises Action Committee (in conjunction with the Robega Vill~ge Council) to represent the Robega Community. bur mandate, functions and instructions is outlined in a signed Power of Attorney, of which a copy is hereto attached.. · ·<:<· : ... .

2. AcquJsJtjon of ownership of ~he Remainder of B:0schkoppie by Robega U.omrru.in ity

2.1 The Remainder of the farm Boschkopp1e, extent 1886 hectares is presently State Land under control of the Minister of Land Affairs. The property is held in ownership (excluding the mineral rights) by the State in terms of the registered title deed T12173/1937. ",

Pirekteure/Directors: Dr PHILIPPUS RUDOLPH DU TOIT, PhD Law (PvVU-LA). PETRUS GROBBELAAR. B.Proc (Ur), WERNER BARNARD. B,Proc. (UP): Byge$taan deur /Assisted l)y: HUGH ;)TANLEY Cr;AR!(SON. B.Proc. (UNlSAl

R¢g. No 98/18456/21

. ·. --~-----· - - . -·- .:l:\•: •• -.'.-, .. :-:, - .. - ... · ---~--~--~ -80

•

2.2 Due to the fact that the Robega Community has been living for decades on the Remainder of Boschkoppie and in addition that Permission to Occupy Certificates (P.T.O's) were issued to the members of the Robega Community in terms of Proclamation R 188 of 1969 from 1960 onwards, the said Community is claiming ownership of the said property. The PTO's granted made provision that residential and arable sites were allocated to the respective members of the Robega Community. The extent of these sites ranges from a ¼ to a ½ Morgen for residential sites and 5 or more Morgen for arable sites. Take note that we are in possession of a substantial number of copies of these PTO's so issued.

2.3 The residential and arable tenure rights granted to the individual members of the Robega Community is protected and recognised in law and furthermore the Upgrading of Land Tenure Rights Act, 1991 (Act 112 of 1991) makes provision that PTO-rights can be upgraded or converted to full ownership.

2.4 From the above submitted facts it becomes clear that the Robega Community is entitled to claim ownership of the Remainder of the farm Boschkoppie. In this regard· we did sent a letter to dr S Sibanda of Land Affairs in Pretoria on 1 September 2003 requesting that a process be started whereby the ownership of the land concerned would eventually be transferred in ownership to the Robega Community. Unfortunately, to date, no response or acknowledgement of receipt has been received from Land Affairs. Copy of the said letter is attached.

2.5 In adition, we are sure that you are well aware of the new bill that has been or is about to be promulgated, namely the Communal Land Rights Bill, which makes

__ provision in chapter 3 that communal land (State Land) can be transferred, after ministerial approval, to a community, in this instance the Robega Community.

3. / ,Agreement in principle to conclude a servitude/lease agreement between the _ > State (on behalf and in favour of Robega Community) and Impala Platinum --_- .Limited

• 3_• :1 Although the ownerhip of th_e Remainder of Boschkoppie has as yet not been

resolved between the parties, it is clear from the above stated facts that the Robega · · <Community has the legal right to claim ownership thereof in terms of the said > <_Jegislation or any other applicable legislation.

3.2 Furthermore, due to the fact that Impala Platinum wishes to implement certain tnihing activities, having the result that it will become necessary to conclude a

· · servitude/lease agreement between the State and Impala Platinum for the utilisation of a portion of the surface area, approximately 18 hectares in extent, the Robega Community is entitled to receive any levies and/or rental for such usage of ~he land concerned.

3.3 In addition we need to underline the fact that the utilisation of the surface area by Impala Platinum_ has a direct impact on the usage of specific residential and/or arable sites, presently held and granted to certain Robega Community members by means of PTO Certificates, having the effect that such members are prohibited or deprived to utilise their land. 2

Direkteure/Directors: Dr PHILLIPPUS RUDOLPH DU TO!T, PhD Law (PWU- LA), PETRUS GROBBELAAR. B.Proc (UP), WERNER BARNARD. B.Proc. CUP) : Bygestaan deur /Assisted by: HUGH STANLEY CLARKSON. B.Proc. (UNISA)

Reg. No 98/18456/21

-· .:::-.:. . :,1 81

•

3.4

4.

4.1

In order not to delay the implementation of the mining activities of Impala Platinum, we request that such an agreement and/or servitude must honour the interest and rights of the Robega Community in the land concerned. Whilst the ownership of the land has not been resolved, we request that as an interim measure all monies, levies and/or rental to be paid by Impala Platinum for the utilisation of the relevant land, should be paid int6Philip du Trustaccount.

Once ministerial approval has been obtained to grant ownership of the Remainder of Boschkoppie to the · Robega Community, the funds paid into Philip du Toit Trustaccount, coUld { hen be transferred into the bankaccount of the Robega Communit(Jake note that the Robega Community is also in the process to register itself as a noii..:profit organization in terms of Act 71 of 1997.

Sugge~~ta ;r6Po~ats Vv'~s~gb~~~1oconsider, approve and implement the following proposals:

\ { ~~t Jheregional office of the Departement of Land Affairs shall put a process info operation whereby ministerial consent be obtained for the transfer of ownership of the Remainder of Boschkoppie to the Robega Community in .terms of any applicable legislation, subject to any appropriate and/or necessary conditions;

· that until the Minister of Land Afairs has given approval that the said property be transferred in ownership to the Robega Community, all monies, levies and or rental paid by Impala Platinum for the ultilisation of the land concerned be paid into Philip du Toit Trustaccount, with permission that the funds be invested to accrue interest and that after the said property has been transferred and registered in the name of the Robega Community the funds held in the said trustaccount be paid into the bankaccount of the Robega Community after the said Community has been registered as a non-profit organization ;

• !!) ) C) :a\~~e ~;i::~~~~~~~i A::i:~::~~~c~~oi;~;:,i~: i~]=~~~.a~~t~igt~: f),: ~:~i~~~;~::)ea~r~;;be:::.etween the State and Impala Platinum to reflect

Ci}· ·· We trust that the above proposals be favourably considered by your department and that we may receive your response thereto as soon as possible.

Yours sincerely

3

Direk teure/Dir ectors : Dr PHILLIPPUS RUDOLPH DU T OIT, PhD Law (PWU-LA), PETRUS GROBBELAAR. B.Prnc (UP), WERNER BARNARD, B.Proc. CUP) : Bygestaan deur /Assisted by : HUGH STANLEY CLARI<SON. B.Proc. (UNJSA)

Reg. No 98/ 18456/21

82

Cape Town Office

3rd Floor Greenmarket Place • 54 Shortmar1<et Street • cape Town 8001 • South Africa PO Box 5227 • cape Town 8000 • South Africa Tel: (021) 481 3000 • Fax: (021) 423 0935 •Website• www.lrc.org.za PBO No. 930003292 NPO No. 023•004

Your Ref: Mr Kgomo/KG_R0061/CIV

Our Ref: 1/WJ/km

16 May 2017

Mr Obakeng _Kgomo Kgomo Attorneys Motheo House 56 Shippard Street Mafikeng

Copy to: Mr Tommy Mntande c/o Royal Bafokeng Administration Phokeng Civic Ctr Direpotsane Rd Rusten burg 0299

Dear Mr Kgomo

Actions contrary to Court Order M 93/16 of 11 August 2016

1. We write for the Robega Community Crisis Action Committee.

2. As you are aware, your client, the Royal Bafokeng Nation, agreed to a Court Order with Mr David Rampe of the RCCAC and others on 11 August 2016 in terms of which the Respondents, including any person intending to erect structures on the remaining extent of Boschkoppoe 104 JQ, shall refrain from setting up and/or constructing and/or putting up any structures, be it permanent or temporary structures pending the decision of the Minister of Rural Development and Land Reform regarding the transfer and/or allocation of the said property (paragraphs 2 and 4 read together) . The Order is attached for ease of reference.

3. It is common cause that the Minister has not made a decision as contemplated in paragraph 4 of the Order and the prohibition on erecting structures thus stands.

4. However, our instructions are that members of Mr T Mntande's so-called 'section committee' have in the last months started erecting structures in

National Office: J Love (National Director), T Wegelif (Deputy National Director), K Reinecke (Director: Finance), El Broster Cape Town: Durban: Grahamstown: Johannesburg: Constitutional Litigation Unit:

SG Magardie (Acting Director}, A Andrews, 5 Kahanovit:z, WR Ketfoot, C Matlllso, C May, M Mudaril\wa, EL Roos, tu Smith 5 Samuel (Director}, E Deochand, T Mbhense, A Turpin S Sephton (Director), C McConnachie, U< Jo!obe N Fakir (Director), AF Ashron, z Khumalo, KS Kropman, LID Limacher, SP Mkhize, Ml Power SG Magardie (Director), Ml Bistlop, G 6izos SC, C du Toit, A Singh, U< Siyo, ER Webber, WC Wicomb

Y\ ,A \ 'Q ' ~

83

violation of this Order. As Mr Mntande is still purporting to be the 'headman· of

Robega (which our clients dispute) and participates in the structures of your client, the erection of these structures appears to be sanctioned by your client.

5. Our clients note that Mr Mntande's current actions in which he purports to be

the chairperson or headman of Robega village are also contrary to an express agreement reached by your clients, our clients and the MEC regarding an interim administrative structure at Robega. We shall address that issue in separate correspondence.

6. Kindly provide us with a written undertaking that any structures erected by or with the permission of members of Mr Mntande's section committee on the remaining extent of Boschkoppie 104 JO since 11 August 2016 shall

immediately be destroyed and that no further structures .shall be erected by these persons. You will note that our clients have been and continue to remain committed to respecting the Court Order.

7. We request that you provide such an undertaking within 7 days of receipt of this letter.

Yours sincerely

LEG. AL RloS.. URCES CENTRE Pef ~

\1\ inn. wi=wtcoMs

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84

:, 't'lel1:{lo go nna ,no Setsheng . )lining om Penrnel le Okknpeer .

_y·· , •. • . ···ow ·to Occun,v an Allotnient Nr. yasSefsha s~i'B . ~rmtS.Sl n · · · 'r .f ' WoQnperscol/Rcesi<lentlpl[;';AJlotin'c1it }Io .. //,/ ·

Go yµ t,a Jrnrolo. ~·a yen J{g9_cl1Jts~ Yil Nr. /) ya /',~./ 0

go ncelw:dun~ tetle~elo go lviontsho ·;:c)~:·· ·,/~¢ng fa tlnse, (yo o bldi-lCrayfons artikcl !i:llt.JJ van Pfoklamasfo ,r_/4{! van y0 / word, v_crgt:nnmg hierby aan onderg<!ij6 ·No:t~tr¢l (hicrondel; ilie li:i terms of Section ....... ·"! i ,.. di , Procllft'nation No. , .. ../}~'/ 1:i .. of ....::..--- -~~- permisswn 1s he{eby granted to the ttnde1:foc . ncd- Native (hct·einafler

wang monni wa setsha fa tlase) gore (a) kaJa Hase ga ~itlhoma1.11iso tsa Kgoeletso ?a Nr. a_nne mo ;etsllcng se s~ bolcts;,._,eil~ f; g;~f1116 li:u boilrnelclo jtqi Pe'ri;ee1hou~r aenocm) verlcen om (a) ondcrwotpe aan d.1c . bepalmgs van Proklamasie v1r ploeg- ?f wo.ondo~lcmdcs .boverm<?lclc pcrsclc op Trm,tplaas/ tcterrcd to as"'tlie Allotment Holder (a) to occtrPY, s11bject to the provisions of Proclamation No ... .......... ., ........... ----'- Cor arable or res1dcnhal purposes, the abovemcittioned allotments feinokgotsa bonno mo polasing ya Terasete/Lekciscne la Nr. e e (le le) b~wang :no ~efo~ek~ng sa /) . , .. ! . sc di11tlha tsa Lcilr'asie · /..C-¼ 7.·~1 , genoem &.t)!i'r/#',t,W'"& !n dte d~str.ik .. ~"'l?[:;2..c.:e.vt?i tc . cikk'ill)f'.er, on ·Trust Fann/Location No. • · .. t;.r- ~· ·: ........ '..:'. .... · · · calle<l ... --~ .... C:: ... ·· "' · -<- .,~ · • . ·~ .............. .--- m the district pf · -....c..-........ ,'. .. p.irticulars of. so:ne di leng mo mamctlcfolong e e tlhomescditsweng le (b.) go fudisa palo le mofuta wa diruiwa tsc di boletsweng mo mametlelelong e .c Uhomeseditswcng, mo polasing/1ekeiseneng. wuarvan \;Jesonclerhede vervat is in nevvcnsgaandc bylae: en (b) die ge.t.al en klas. vee aa11gedni fo newensgaande bylae op g~melde plaas/lokasie te laat weL which are contained in the subjoined schedule and {b) to graze, on the said farm/location stock, of the number and class indicated in the snbjoined s.chedule.

t.efelo 4 Letlha .I // I ii) ,.,,1· ·? Plek /4Y;!;i~-t-e:.t;i,~~°'~ Paforn ~./.,I/ / ill Place ------' .......... Date----,""--~,,.~--~- ·M:A:METLELELO/BYLA.E/SCHEDULE

Komosasa wa l.\1ereto ya Bantsho. Dnntoesa.kckommissaris./13antu Affairs Comrni:isf,mer.

M,,Jna ii a. (letse11i " J.fonni wa $etsha. Volk name van Pcrseelho·,,er.

Full name .9f .Allotment ,Holder.

Nomorellhilcilo/ Nomoretshupecso

ya Lul<geiho. Persoon,;./ Delastin!is·

aanwyslngs. notnmer.

National/ T~x Identity

number ..

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tlikgoroo e '..rnonnl · wa ·$etsha a

tetle\etsweug v.o e fJJdisa.

-'--------~--1------,------'-IMaksimum J.lees­eenhede 1vat

T;et1ha la Kubelo, Datum van T.oekenning.

Dar~ ·at Allotme111,

llogolo j11·• Setst,,. Groon~ van Perscel. Area of f\llotmenc.

Bonno. Woo(!.

Residential .•

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Bonno. Woon.

R.osidonti~l.-

'fshimo. Pltfo!\.

Arable,

Perseelhouer mig laat wei.

Maximum Cnttle Unll:$ Allotment Holder oei-mitted

to : Graze~

K~rologrtn)~o e lefl•lttsw~ng_ Klasslfikasle roeirest~an.

ClnssJfication permitted:·

l>itshotiso, Dikha.ns~lo, Dithu ln.ganyo Ha

Oor~r:,1~:~~l~{'sel1~i; i e~, TydeUke ReiHin!{~r ens.

Trans(ers , Cancel1'1tlo11s, Ttirnpor.:iry ArrAngc~11ents,

eti:,

T~hneno ya Kom<>-Sl':i~ w:.i Mer'ei·o }1tl Ihtnl!>ho

11.0 sttli::a, j.j. · -Handtekcninj:: van

Bantocsnkckommissarl ~

l~fqn~~;f ~il~?H~o~~!' Affairs Co'mnlission"r fo

!r:tnsfcr. etc.

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DEP ARTMENT OF AGRlCUL'rURE

(Act 16 of 1983)

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REPAUOLEKl YA l30PBUTHATSWANA ;~{

~~ REPUBLIC OF BOPHUTHATSWANA

REPUBLlEK YA.1'-l BOPHUTHATS'\VANA

Ca~b l '-- DEPARTMENT OF AGRICULTURE

Chequ~

LIVES P/0 TOCK AND GRAZING FUND (Act 16 of 1983)

Received from .

the sum or ... ... ..

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REPABOlEKl YA BOPHUTHATSWANA REPUBLIC OF BOPHUTHATSWANA - HEP!JBLiEK VAN BOf'HUTi-lATSW,ANA

MOLAO. WA TAOLO YA DIRlJIWA LE ·MAFliLO LIVl::STOCK AND GRAZING CONTROL .ACT

WET OP Dll;:. BEHEER VAN' VEE EN WEJDING

(Molao 16 wa 1983/Acf 16 of 1983Nvet i6 'Ian 1983)

TE;KANYO YA MELATO YA DlTEFO TSA MAFULO ASSESSMENT .OF LIABILITY FOR GRAZING FEES

AANSLAG VAN AANSPREEKUKHEIO VIR WEI'GEUJ N.GWA0A O KHUTLANG KA 31 SEDIMONTHOLE

. - YEAR-ENDING 31 DECEMBER JAAR J::INDlGEND.E 31 DESEMBER

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D;<1te-stl2lmP. Datumsiempel

-.. l'i, --~~~~<" · · Mmusa kgaolo ...____... --Regional Managei/Streeksbestuurder·-·

• I 87

. _ ..

Consulting Civil & Structural Engineers $1,o:i,eitU

Registered Firm - SA.Associotion of Consulting EngineeiS

Tulltk1n Forvm 4 Tun11k1n Street Pretoria PO Box 1227 Pretoria 0001 Tel: 10121322-1390 Fax: 10121 322·8428

Your Reference

Directorate Land Administration ATTENTION: MR L WENTZEL Private Bag X2007 MMABATHO 8681

Our Reference

K0203WF/idv

•• 11Cn Heetden Cclitz & Hoves

Office•: G1Rankuwa (01461) 39631 Mm1batho (01401 81•278J Mone! Bey (04441 9t -2i31 Pinatawn (0311 701 •8146 Ru1tenburg (01421 97•1948

Date

26 August 1994

Dear Sirs RO BEGA - FARM BOSCHKOPPIE 104 JQ APPLICATION FOR TOWNSHIP DEVELOPMENT

Our letter WG/idv dated 22 August 1994 and the meeting between your Mr L Wentzel and our Mr W Frencken refers. We hereby wish to apply to the Directorate of Land Administration for land at Robega for township development. Robega is one of the few areas available where non-tribal members (Bafokeng tribe) can acquire land and reside. This is particularly true for employees at the local mines, of whom the majoriw do not belong to the Bafokeng tribe.

The land on which Robega is located is state owned land and has been identified as ideal for the provision of housing to mine employees. A development team consisting of a town planner, civil and electrical engineers, civil contractor and housing developer has been formed to implement and finance the development. The mine employer has indicated that support would be provided to employees to obtain title deeds ''a-Ad the employer will provide guarantees to the bondholders for bond payments.

Bulk water is available and the Department of Water Affairs has indicated that additional water can be provided for a township, should this be required. Provision will be made for the treatment of sewage effluent and an oxidation pond system and reedbed is proposed with the quality of effluent being suitable for flood irrigation. ·

By improving the provisional general plan (existing plan has 1 000 m2 erven. which are unsuitable and ~ostly for this type of development) and changing the erven size to 400 m2

, approximately 1 200 erven can be developed as the first phase with two phases to follow as required. The civil, electrical and housing contracts will be labour based, creating work and thus wealth for the town. ·

-·· 00 ,.__ P,E,,g BScltn;I ... s ... c[ CJ Grobln PrEno ISctE,,ollN-i MSit.CON! MSAICt AMITE O Joubort PrEnt "'sc1£ .... 1 MSAC:o ... E MS ... CE f'WJ ltNft P•t"O IISc ltnalHonol MSACo ... € MS ... CE .U P<nglo,-, Pr!l'Q ISclEt,vllH-1 MBA MSAICE MCIT II Wei,.writlll Pr[i,o IISc!["Qt!Horal MIAC-1 MSNC:l MWISA

88

;--1,

2

Provision will also be made for other community facilities i.e. church, creche, school and recreational/park sites etc. The township layout will be forwarded to the Directorate Land Administration as well as other authorities for their approval prio.r to implementation.

The Robe.ga Town Committee supports this development and we trust that our application will be favourably received. Should you require additional information, please contact the undersigned.

Yours faithfully

&) WG 'fRENCKEN Pr.Eng tofVAN HEERDEN CALITZ & HAYES

89

MINUTF.S OF THE ROBEGA DEVEWPMENT MEE'J1NG HELD ON fflE 21 JUNE 1995 AT THE ADMINISTRATOR'S OFFICE : PHOKENG

1. AITENDANCE UST

A.M. BARNARD L WENTZEL M. J. MOLEFE B.L MOATLHODI S. B. MAHUMA B. v. der WALT W. BOONZAAIER A. SMUTS A. M. TSIEW

2. INI'R.ODUC110N:

DLA - REGIONAL PLANNER SURVEYOR - GENERAL ADMINISTRAWR: BAFOKENG DI.A - LEGAL SERVICES DLA - SENIOR DISTRICT OFFICER COMPROP COMPROP AMPI.ANTS COMMUNI1Y MEMBER

Mr. L Wentzel assumed the position of an acting chairperson and welcomed those in attendance.

3. MA'ITERS ARISING:

3.1 RECLAIMING OF 11IE LAND BY CHIEF MOWTLEGI:

3.2 WA'.IE'R RIGHTS:

The Department of Water Affairs is still conducting an inspection to establish as to what the final decision was between the department and the Bafokeng Tribal Authority concerning the issue of provision of water to the Robega Community.

The mining group did not look into the question of water rights thus far.

90

2

1 The chief of the Bafokeng Tribe refuses to hand the water rights over to the Robega / Community. The lawyers of the Bafokeng Tribe agreed that Chief Molotlegi received

1 payment for the water rights of Robega Community from the previous government.

RECOMMENDA110N:

It was resolved that the government should intervene in this issue. It must be noted that the process of the development taking place is being delayed by the outstanding problem. The relevant information can still be obtained from the offices in Mmabatho.

3.3 SOCIO - ECONOMIC SURVEY:

The socio/economic study has been completed by the DLA- Regional office. The response to this survey by the community itself is very good; but the response from the mine workers is poor. The following reasons can be advanced for this poor response:

*The mine workers want to see something physical so that they can identify with it. * The system in the tribal area where they have to pay a small amount to the tribe for the use of a residential site.

*The easy way to get a site by way of squatting. * Provision of W,astructure by the Government without any payment from their sule.

The question as to whether this project will still get off its feet arises. The developers stated clearly that they still want to proceed with the project, but have to scaJe down the first phase to 200 houses. They also proposed that they can introduce Neko to this project to see if they are interested or not. The reason is that they make use of a system where they can supply the building material for the people who are interested in houses. This means that the community can build their own houses but u-nder the supervision of the Neko Builders and developers.

The Comprop development group want to concentrate also on the upgrading of services for the existing village. The developers are now at a stage where they must look for funds from the RDP - Board. The developers have decided to make use of a two -way approach by concentrating .on RDP - for the development of the existing village (lnd a new housing project of about 200 houses.

The state must intervene to help any development taking place in a tribal area or an area under the jurisdiction of a tribe.

The highest state subsidy is in the region of Rl 5 000. It will cost the developers in the region of R7000,00 to put a top structure(Running water & Toilet) so that the applicant can qualify for the s'(.tbsidy.

91

3

The government will have to decide on the process that must take place in the tribal are a concerning the question of selling the residential sites and to give them Tztle Deeds.

The Minister of Local Government and Housing is already signing Title Deeds for people in the urban areas. A new trend is to concentrate on the development taldng place in the peri - urban areas. Robega is in line with the development taking place from Matooster to Phokeng, but this issue must still be investigated.

4. NEW MATTERS ARISING:

The following issues will have to be resolved so as to continue with the housing project:-

*The Water Rights issue must be solved by intervention of the Government. *The Community must write a letter to the Department of Water Nfairs to explain the existing position so that extra pressure can be put of the Chief to make a final decision. *After the Water Rights issue is solved, the Developers will have to re-apply for the approval from the Housing Board. *The Developers will have to write a business plan so as to get approval from the Government so as to continue with the RDP - project as well.

5. CWSURE:

The meeting was closed with a short prayer.

CHAIRPERSON.

92

MINUTES OF R<JBEGA HOUSING DEYEWPMENI' MEETING HELD ON THE 5 JULY 1995 AT HTE DU - OFFICF-S:TLHABANE

1. AITENDACE LIST:

W MMUTLE B. DIOLE A. M. BARNARD M. A. IG4MANGA B. VAN DER WALT M. TSIEW D. LEBELWANE M. J. RAMAGAGA P. MOTSHEGOA

2. OPENING AND WELCOME:

:DLA :- CHAIRPERSON DLA DLA DU COMPROP TRIBAL LEADER COMMUNITY LEADER TRIBAL LEADER ROBEGA HEADMAN

The Chairperson welcomed everyone in attendance. Mr. A. Kamanga opened the meeting by way of prayer; and the chairperson declared the meeting opened.

After the meeting was opened the table was handed over to the Community Leaders of Robega because the meeting was at their instance.

3. MAITERS ARISING;

3.1 NEW DEVEWPMENT GROUP:

A group of about 40 youths informed Community Leaders that they do not want the Housing Project of Comprop to continue because the project took rather to long to be implemented.

On Sunday (9/7/95) a mass meeting will be held where they will endeavour to establish the legimatisy of thi.5 group.

T'hi.5 development group stated in no uncertain terms that they are going to squat in the area reserved for development on the IO July 1995.

It must be noted that the following matters which led to the delay of the project ta get off its feet were:-

*Socio I Economic Survey *Issue of provision of Water * Reclaiming of land *Sanco/Civic Association

J'\.A. \ 0 :iZ.., . 93

2

The only issue still outstanding is the water rights problem. The other three issues have already been resolved by the different role players.

4. MA'ITERS OUISTANDING:

4.1 WA1ER RIGH1S:

Mr. Tsielo stated that he is a representative for Robega serving on the board that deals with this issue. The Rohega Community Authority was requested to write a letter and send it through to the Water Board (Bloemfontein) so that pressure can be on the Chief to make a jilUll desicion.

lt was decided that to solve this issue the Government must intervene. Mr. Diole stated that this issue needs to be discussed and handled objectively and treated on humanitarian way and that water is a national competence. Through previous

inv~~g~o~ -~~ .. "?_qs_ e~.fO:~l~~~ t~~ th~ !ril?<1-L!!~~~Q!J!1. ~!!.f.~!Y.~.4.~_[g~_lhe water r1gnts for the Robega Community. The Chief agreed to supply water to Rasimone, ·chaneng -- and Robega~: however; tz't-,a-·laiei'"siage=-ihe""t'r-iba(Aufliifrfif"decitned to supply Robega with-water seemingly because 'iiobega ·;s a State ·rand. --,,-~ --~""~"-

•• • · . . .. 'I ~·.- ··· .. , ·.· . ~. ,·•. , ... . , .. ·,:·-. ~ .. , . ... - . . . .... . . _.... .. __ _ _

Mr. M. J. Ramagaga went to see Mr,. Kruger whose company constructed the Reservoir near Robega. He indicated the location of the. water pipelines to them. where it came clear that no water is going to be supplied to the Robega Community.

Mr. P. Fernandez of the Department of Water Affairs and Forestry is the person in posession of all the necessary information.

5. SOLVING THIS ISSUE:

*Firstly the legimaticy of the Development Group must be determined. *Secondly a meeting must be organised where the water Rights can be solved by role players.

Vv\,r_:) . fZ . - - .. ~ ·. ~~

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Reproduced by Sabinet Online in terms of Government Printer's Copyright Authority No. 10507 dated 02 February 1998

No.2

BUITENGEWONE PROVINSIALE KOERANT, 30 APRIL 2013 D B:,j 3 2 PROVINCIAL NOTICES

30 April 2013

NOTICE BY THE ACTING MEC FOR LOCAL GOVERNMENT & TRADITIONAL AFFAIRS

NORTH WEST PROVINCIAL GOVERNMENT

DETERMINATION OF THE NUMBER OF THE MEMBERS OF TRADITIONAL COUNCILS IN TERMS OF SECTION 6(1) OF THE NORTH WEST TRADITIONAL LEADERSHIP AND GOVERNANCE ACT NO. 2 OF 2005

Under the powers vested in me by section 6(1) of the North West Traditional Leadership and Governance Act No.2 of 2005 read with the provisions of section 3 of the Traditional Leadership and Governance Framework Act No 41 of 2003, as amended, I hereby determine the number of the members of traditional councils for traditional communities in the North West Province as provided for under Schedule I.

GIVEN UNDER MY HAND AT MAFIKENG ON THIS 2nd DAY OF APRIL TWO

MR\ P • . E ACTING M FOR LOCAL GOVERNMENT & TRADITIONAL AFFAIRS NORTH WEST PROVINCE

95

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Reproduced by Sabine/ 011/i11e i11 ten11s 0JG01•emme11t Primer 's Copyright Authority No. 10507 dated 02 Febl'ua1J• 1998

Schedule I

FORMULA USED TO DETERMINE THE NUMBER OF THE MEMBERS OF TRADITIONAL COUNCILS IN THE NORTH WEST PROVINCE (ESTIMATED POPULATION)

NAME OF TRADITIONAL COUNCIL SELECTED MEMBERS (60%) ELECTED TOTAL COMMUNllY ROYAL FAMILY DIKGOSANA SENIOR TOTALOF MEMBERS NUMBER MEMBERS MEMBERS TRADITIONAL SELECTED (40%) OF

LEADER MEMBERS MEMBERS -100%

1. Baphuduhucwana 6 4 9 1 19 13 32 2. Ba Ga Moth ibi 4 2 B 1 14 10 24 3. Ba Ga Maidi 4 2 8 1 14 10 24 4. Ba Ga Letlhoa ile 6 4 9 1 19 13 32 5. Ba Ga Seitshiro 6 4 9 1 19 13 32 6. Ba Ga Phoi 6 4 9 1 19 13 32 7. Banooena 3 2 6 1 11 7 18 8. Tau Raoulana 3 2 6 1 11 7 18 9. Bakolobeno 4 2 8 1 14 10 24 10. Boo Raoulana 3 2 6 1 11 7 18 11. Boora Tshidi 9 5 16 1 30 20 50 12. Ba Ga Shale 3 2 6 1 11 7 18 13. Ba Molopyane 3 2 6 1 11 7 18 14. Ba Ga Masibi 3 2 6 1 11 7 18 15. Ba Ga Makoobi 4 2 8 1 14 10 24 16. Ba Ga Marlba 4 2 8 1 14 10 24 17. Ba Ga Molefe 3 2 6 1 11 7 18 18. Ba Ga Moiloa 4 2 8 1 14 10 24 19. Ba Ga Gopane 4 2 8 1 14 10 24 20. Ba Ga Lencoe 3 2 6 1 11 7 18 21. Boo Manvana 3 2 6 1 11 7 18 22. Ba Ga Suoina 3 2 6 1 11 7 18 23. Ba MokCloiwa 3 2 6 1 11 7 18 24. Baohlrina 3 2 6 1 11 7 18 25. Boo Mokaatlha (Brakuil) 3 2 6 1 11 7 18 26. Ba Boaatsu 4 2 8 1 14 10 24

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27. Ba Manamela 3 2 6 1 11 7 28. Barokoloaadl 3 2 6 1 11 7 29. Bataung Boo Selale - Moubana 3 2 6 1 11 7 30. Ba Mare-A-Phooole 3 2 6 1 11 7 31. Ba Matau 3 2 6 1 11 7 32. Ba Maaka 3 2 6 1 11 7 33. Ba Matlhako 4 2 8 1 14 10 34. Ba Sedumedi 3 2 6 1 11 7 35. Amahlubi 4 2 8 1 14 10 36. Ba Matlapenq 3 2 6 1 11 7 37. Boo Mokaatlha (Koffiekraal) 3 2 6 1 11 7 38. Ba Kqafela 9 5 16 1 30 20 39. Ba Matutu 3 2 6 1 11 7 40. Baohalane 4 2 8 1 14 10 41. Ba Ratheo 3 2 6 1 11 7 42. Ba Leema 3 2 6 1 11 7 43. Batlhalerwa 3 2 6 1 11 7 44. Ba Mogale II 3 2 6 1 11 7 45. Bataunq Boo Selale - Seolong 3 2 6 1 11 7 46. Bafokenq 3 2 6 1 11 7 47. Ba Motlatla 3 2 6 1 11 7 48. Ba Mathooe 3 2 6 1 11 7 49. Ba Mogopa 6 4 9 1 19 13 50. Ba Mmakau 4 2 8 1 14 10 51. Ba Mooale I 6 4 9 1 19 13 52. Ba Hlalele 3 2 6 1 11 7 53. Ba Mocha 4 2 8 1 14 10 54. Ba Mosetlha 4 2 8 1 14 10 55. Ba Nawa 3 2 6 1 11 7 56. Bahwaduba 4 2 8 1 14 10

18 18 18 18 18 18 24 18 24 18 18 50 18 24 18 18 18 18 18 18 18 18 32 24 32 18 24 24 18 24

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Cape Town Office

3'd Floor Greenrnarket Place • 54 Shortmarket Street• cape Town 8001 • South Africa PO Box 5227 • cape Town 8000 • South Africa Tel: (021) 481 3000 • Fax: (021) 423 0935 •Website• www.lrc.org.za PBO No. 930003292 NPO No. 023-004

Your Ref:

Our Ref:

Robega/RBA

WvV/km

16 May 2017

Mr Tommy Mntande c/o Royal Bafokeng Administration Phokeng Civic Ctr

Direpotsane Rd Rusten burg

0299 Per fax: 014 566 1317

Copy to: Mr Obakeng Kgomo Kgomo Attorneys Inc 56 Shippard Str

Dear Mr Mntande

Re: Governance at Robega Village

1. We write for the Robega Community Crisis Action Committee.

2. As you are aware, the MEC of Local Government and Traditional Affairs suspended the Robega Village Council, of which you were the chairperson, in September 2014 pending the outcome of a commission of inquiry into alleged corruption and maladministration at Robega.

3. It was agreed between the MEC and the Royal Bafokeng Administration ('RSA') that officials from both administrations would be appointed to administer the affairs of Robega in the interim.

4. The commission of inquiry has not conducted its investigation. Thus, the suspension of the Robega Village Council and the interim arrangement remain

in place.

5. Our instructions are that you are taking actions to regain control of the administration of Robega Village, including disrupting meetings of elected ward councilors and other recent community meetings in Robega.

National Office: J Love (National Director), T Wegerif (Deputy National Director), K Reinecke (Director: Finance), EJ Broster Cape Town: Durban: Grahamstown: Johannesburg: Constitutional 1..itigatlon Unit:

SG Magardie (Acting Director), A Andrews, S Kahanovitz, WR Kerfoot, C Mathiso, C May, M Muclarikwa, EL Roos, HJ Smtth S Samuel (Director), E Deochand, T Mbhense, A Turpin S Sephton (Director), C Mc:Connachle, LK Jolobe N Fakir (Director), AF Ashton, Z Khumalo, KS Kropman, LID Limacher, SP Mkhiz!!, Ml Power SG Magardie (Director), MJ Bishop, G BizosSC, CduTol, AS-mgh, U<Slyo, ER Webber, WCWlcomb

. - - ' .c? A. • -~~- .,.,

98

6. Our instructions are further that our clients were told by captain Masina from the SAPS Police Station at Phokeng that you purport to administer the Robega Village as a representative of the Royal Bafokeng Administration and indeed purport to be the kgosana of this village. Our clients deny that this is the case.

7. Moreover, our instructions are that members of your so-called 'section committee' have started erecting structures on the farm referred to as the remaining extent of Boschkoppoe 104 JQ in contravention of a Court Order under case number M93/16. We have addressed a separate letter to the legal representatives of the RBA on this issue, which letter we attach hereto.

8. As you are well aware, the issue of the governance of Robega Village and the RBA's involvement therein is the subject of pending litigation under case number M26/2017. It is thus premature for you to hold yourself out either as the chairperson or the kgosana of Robega Village.

9. Our instructrons are further that our clients are required to give notice in terms of the Regulations of Gatherings Act 205 of 1993 any time when they wish to hold community meetings in Robega, for example when they recently held a meeting with SAPS to discuss crime in the area. We wish to point out that there is no reason for our clients to be required to give such notice when they hold meetings that do not fall within the definition of a gathering in terms of section 1 of the Act. We have advised them accordingly.

10. Our instructions are to request that you immediately desist from:-

a. Unlawfully usurping the governance authority over Robega village pending the commission of inquiry of the MEC and the court proceedings as above;

b. Interfering with the work of ward councilors in Robega village; c. Obstructing or interfering with any community meetings lawfully

conducted at Robega village; d. Authorizing or condoning the erecting of structures on the farm the

remainder of Boschkoppie 104JQ.

Should you fail to adhere to our clients' requests, they may be compelled to approach the Hrgh Court for appropriate relief.

Yours sincerely

LEGAL R.ES]URCES CENTRE Per: r b \ £\: cPY' ~.

J~IEN WICOMB

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SURFACE l.EASB: :SOSCHAOP:PJE: :R..oY.U. BAFOI<E.NG NA'!"lON/RUSnN»t..mo FLA TINLJM MINES LTD

l fl.'Vc be.a .&$1.c:d t0 gi°'e 'CtY f grmal a!iRttt tc me li!:.i!SB which was .signed by ,b~ pard!l!S on 1 S October 199?.

2. Toe rmn.airJng ~!I':. I! held br the Stt\e, tn~ .I ~ .. !M,~.m.!f!~ O""net. r---"' -····-·· - -··-~······'"n ,=·o··•• · ~ •. , ..•. - ., . """·"- z•,, • •· •· ~ .. , • ., .. -<-, .,.___ •

/ ! amt~paze ~i i.a c1ue cowx. the Royal lbfakq Naucn w,U bf:c;gm= rhe res!s'Med owne~-c.,,i-) , beth cri thz:sa porti.cmi ct.land. · '--._. __ ......... _ .. .. · ~-- . ,. --- ---·· .. ·-- . • __ ____ ,.______ _ •·• • ..... y,,..,.. __ ,. . ••

r 2.~ .c~wfied th.s.t tbs ltcyal Bu~ Nuian 2U.Ih.orlsed the ~anclQ$10'tl of the leas~ 1Lgned. b7 the 92:'rles. aa 15 0~ tg,g7_ To d2e Wtlll 1hau·Z1)'·fomw c.oni:anc m.a.y be eequired. ! hEftby gnrnt J.ad.i con.s.et1.L la the event cb1\ such ·~! l,.t;o,:ne nes:~!Hry. I z:n r:,tc~ to w.~ !SJh;,tever sraps ut raqwn:.d to etULIN i.nat the rii;hu r:1r' ene propciscd rights cf 1h11 partia:: are TC:gi.sten:d ~ ths rel~i t.iLle ~.

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- --#-.-w-etbi·..,.a,.,..t,·r..-.· .Wi .. tMllt'e-olllllililJ-· ............. ·~ ' Hli!l:i'. -lill,· ...,. ___ # • Ci.ii' ..,.fituillW .... fl .. «""'O .,..,r,,e!lab!o!l"""l'""t:tO*NtrE--"""· -1,.;;··p...," MMlilite..._ _ ________ _

't • • , ~ .

ATT

FROM

MINISTER OF LAND AFFAIRS

DEREK HANNEKOM

ROBEGA BRANCH

DR16 20/11/1998

The Community of Robega has discovered a very unusual problem which has

prevailed in this mentioned Village.

The Community has discovered a letter which confirms a surface lease of

Boschkoppies to the Royal Bafokeng by the Rustenburg Platinum Mines Limited.

Find the letter attached.

Surprisingly a meeting was arranged between Bafokeng and the RPM delegates and

the decision was taken on the absence of the Community Representative of

Robega. As a result the community has started in 1995 to resist the Bafokeng

Administration in the area. Until today the Community reject the agreement

between the parties who attended the me.eting of the 15th October 1997 because

the community Representative were not invited. '

We therefore urge the Departments concerned not to take steps before meeting the

Community Committee being represented.

Also it is seen that the Tribal Authority is undermining the Community of Robega

and denying their rights on their Trust Land.

In the Village other people attends the meeting without mandate of the Community

and those are the people denying the Community its rights on the land.

The letter attached, the Minister recommends the steps taken by Bafokeng towards

the Community we real refrain from that action.

102

Kirsten under title deed 5839/1917 and GF Kirsten under title deed

5840/1917.

e. The remaining extent is today known as 104JQ (portion 0) and went to

NJH Grabler in terms of title deeds 5841/1917 and 1099/1918.

f. On 5 November 1919, GF Kirsten sold his half share in portion 1 to D

Benedict, A Wahl and JA Tsepe in terms of title deed 12863/1919. Five

days later, JF Kirsten sold his half of portion 1 to the same buyers under

title deed nr 13082/1919.

g. On 10 July 1920, NJH Grabler sold a half share in portion O to Harry

Emdin (1173/1920) and in 1922 he sold the other half to Morris Emdin

(8884/1922).

h. On 17 and 20 February 1929, Benedict, Wahl and Tsepe transferred .the

two portions of farm 104JQ (1) to the Minister of Native Affairs to be held

in trust for the Bafokeng Tribe. That is where it remains today.

i. On 20 February 1936, Morris Emden sold his half of portion O to Daniel

Bakgegong (116555/1936). That portion is today known as portion 2 of

Boschkoppies and remains in private ownership. It was transferred to

Edbaal Bakgegong in 1968 (29329/1968).

j. On 25 June 1937, Harry Emdin sold portion 104JQ (0) to the South

African Native Trust in terms of title deed 12173/1937.

• __ , ~ J • , ~ t1" I O ";; 103

· ffT .. , NC ·f . # l1t '•·nvttt

------------------ ---·- - --- · ·· . . .... ..

• - 2 -

The question will be, why . is RPM taking or signing for a surface lease of :"'

Boschkoppies during or towards election·and why is Bafokeng being interested of

taking this step now, maybe they knew that the Community will complain that

the Government led by African National Congress does not feel for this Community

we would like to condone that.

The Community rejects what has taken place and the Community is prepared to

react against the decision taken by Bafokeng and Amplats. The Community will

defend Amplats operating on their land irrespective of what nature will also stop

any contract operating in our farms.

Until proper steps and consultations takes place, and the Community does not

want to be administered by Bafokeng, we would like the District Counci! to

administer.

vVe therefo:-e request the Presider.t tc stop the action taken by Bafokeng and

Amplats, or else ·the Community will stov it on its own.

We hope our complain will be considered as soon as possible before damages are

done.

Thanking you very much.

Yours faithfully

, -, i·.tJ~l,~:\;·."~-o/ t lJ · 'J

C6MMUNITY SECRETARY

. - - . ~')I\. ,. D . 1 ,-z.. ' 104