annualreport - parliamentary monitoring group

ANNUALREPORT2012I2013

Commission on Restitution of Land Rights



LETTER OF TRANSMISSION

May 2013

Honourable Nkwinti, GE (MP)Minister for Rural Development and Land Reform

Sir,

It is my pleasure to submit this Annual Report of the Commission on Restitution of Land Rights for the financial year that

ended on 31 March 2013, for tabling in Parliament. Section 21 of the Restitution of Land Rights Act, No. 22 of 1994, as

amended, prescribes that we submit this report no later than 1 June every year.

I will present the same report to the Portfolio Committee on Rural Development and Land Reform as well as to the Select

Committee of the National Council of Provinces, on the dates decided by these committees.

Yours faithfully

Ms Nomfundo GobodoChief Land Claims Commissioner

3

R P 1 9 1 / 2 0 1 3 I S B N : 9 7 8 - 0 - 6 2 1 - 4 1 9 7 1 - 9


Commission on Restitution of Land Rights4

CONTENTS

Part 1

Minister’s foreword.............................................................................................6

Deputy Minister’s comment ................................................................................8

Chief Land Claims Commissioner’s overview ........................................................9

Part 2: Overall programme performance

Purpose, strategic objective & service delivery achievements.................................12

Eastern Cape.......................................................................................................14

Fee State.............................................................................................................18

Gauteng .............................................................................................................21

KwaZulu-Natal ....................................................................................................26

Northern Cape ....................................................................................................30

North West .........................................................................................................34

Limpopo .............................................................................................................40

Mpumalanga ......................................................................................................46

Western Cape .....................................................................................................55

Part 3: Summary of settled restitution claims

Settled restitution claims for the period 1 April 2012 - 31 March 2013 ................61

Part 4: Financial performance

Financial performance overview...........................................................................63

Contact details of the Commission ......................................................................65

Abbreviations & acronyms ....................................................................................67

PART 1Commission on Restitution of Land Rights



Introduction

The National Development Plan’s goals, to be achieved by

2030, include building a united country; resolving historical

injustices; uplifting the quality of life of all South Africans;

accelerating social and economic change; eradicating

poverty, unemployment and reducing inequality; and

expanding the economy whilst distributing its’ benefits

equally. His Excellency, President Jacob Zuma has directed

that the long term plans of government departments must

be aligned with the National Development Plan, and that

policies must be modified to ensure consistency and

coherence.

The Land Reform programme consists of four elements; Land

Restitution, Land Redistribution, Land Tenure Reform and

Development. This programme aims to reverse the skewed

land ownership patterns, which were inherited by the

democratic government in 1994, and were part of the legacy

of the Natives Land Act of 1913.

Cabinet’s approval for publication of the Restitution of Land

Rights Amendment Bill, 2013, for public comment, is an

important step towards the alignment of the land reform

programme with the National Development Plan, the

Comprehensive Rural Development Programme, and other

growth strategies intended to promote national

reconciliation and social cohesion. The Bill provides for the

extension of the date for lodgement of claims for restitution,

to enable those parties that did not submit claims by the

closing date of 31 December 1998 to submit their claims.

This report of the Commission on Restitution of Land Rights

for the financial year that ended on 31 March 2013 will be

tabled in Parliament as the country marks the centenary of

the 1913 Natives Land Act on 19 June 2013. This repugnant

piece of legislation was promulgated into law on 19 June

1913, a date when territorial segregation was formally

adopted as the leading principle of post-Union of South

Africa land policy.

Re-opening of lodgement of claims

The Restitution of Land Rights Act of 1994, requires that a

person, direct descendant, an estate or community is entitled

to restitution if dispossessed of a right in land, after 19 June

1913, as a result of past racially discriminatory laws or

practices and has lodged a claim for restitution no later than

31 December 1998.

The reopening of lodgement of claims proposed in the

Restitution of Land Rights Amendment Bill, 2013, follows the

evaluation of the Land Restitution programme. The

evaluation revealed that deserving persons and communities

did not participate in the Restitution programme because

they did not, for various reasons, lodge claims by the

deadline of 31 December 1998, or because they had lost

their land before 19 June 1913.

The Restitution of Land Rights Amendment Bill, 2013

specifically provides an opportunity to those who did not

lodge claims by 31 December 1998 to lodge their claims. As

announced by the Honourable President in the State of the

Nation Address delivered on 14 February 2013, there are

also proposed exceptions to the 19 June 1913 cut-off date

to accommodate descendants of the Khoi and the San,

claims on heritage sites and historical landmarks. These are

being explored and policy and legislation is being developed

to provide redress for pre-1913 land dispossessions.

Progress Report

The introduction of the Restitution Programme in 1995, has

contributed to correcting the skewed patterns of ownership

of land through awards of 3 million hectares of land,

1.5 million of which have been transferred, to persons and

communities who qualified for restitution, and opted for

land restoration.

A total of 77 334 claims have been settled to date . Of these,

71 292 claims were settled by payment of financial

compensation of R6 561 021 691 to claimants. Clearly, the

MINISTER’S FOREWORD

Mr Gugile Nkwinti

Minister of Rural Development and Land Reform



majority of beneficiaries have chosen financial compensation

as their preferred form of restitution. Had those who were

paid financial compensation opted for land restoration, an

additional 1.992 million hectares would have been awarded

to those claimants.

The preference for financial compensation as opposed to

land restoration in settlement of restitution claims is a

reflection of claimants’ need for immediate resources. With

the reopening of the restitution process, as proposed,

financial compensation as a form of restitution shall be

retained, but claimants will be encouraged to prioritise land

as a form of redress and will be supported through the

“development” strategy of the land reform programme, the

Recapitalisation and Development Programme, which was

introduced in 2010 to ensure sustainable rural development.

Conclusion

Reversing the legacy of the Natives Land Act of 1913 will

require the alignment of all government programmes,

including the Restitution Programme, and its integration

with the National Development Plan. The legacy is the triple

challenge of poverty, unemployment and inequalities that

continue to handicap our nation’s progress. The reopening

of the restitution process is one of the strategies designed to

accelerate the reversal of this legacy.

The reopening process will be supported by a comprehensive

communication campaign underpinned by the distribution

of a citizens’ manual on Land Claims, which will be

translated into all official languages as well as the languages

of the Khoi and the San communities. At the same time we

seek to use this opportunity to capture an accurate history of

dispossession through direct interaction with the

dispossessed; gathering their accounts with the assistance of

the National Rural Youth Service Corps.

Nkwinti, GE (MP)

Minister of Rural Development and Land Reform



Our task has become increasingly clear, it is not only to speedily process the outstanding claims and prepare to handle new

claims but it is also to ensure that our support systems are tightly coordinated across the three spheres of government,

different departments and key stakeholders.

This Restitution programme provides a huge opportunity to grow small scale farmers and other agricultural enterprises. It

also provides an opportunity to rehabilitate the soil, and to introduce sustainable practices such as organic farming, the use

of perma-culture, and similar practices in Rural Development.

We regard these as critical opportunities to re establish people's relationship with the land and its environment. We seek to

encourage long term thinking rather than initiatives that promise quick financial reward, but no sustainability and viability.

Tsenoli, L (MP)

Deputy Minister of Rural Development and Land Reform

DEPUTY MINISTER’S COMMENT

Mr Lechesa Tsenoli

Deputy Minister of Rural Development and Land Reform



Introduction

The Commission on Restitution of Land Rights (“the

Commission” or CRLR) was established to solicit, investigate,

and to resolve through negotiations and mediation claims

for restitution from persons and communities dispossessed

of rights in land, after 19 June 1913, as a result of past

racially discriminatory laws and practices, and where a claim

was lodged no later than 31 December 1998. The

Commission took over the work of the Advisory Commission

on Land Allocation, which had been established in 1991.

Where a claim cannot be resolved by negotiations or

mediation it is referred to the Land Claims Court for

adjudication.

The Annual Performance Plan of the Department of Rural

Development and Land Reform (“the department”), of which

the Commission is an entity, set a target for the Commission

to finalise 380 claims and settle 133 new claims in the

period under review (1 April 2012 to 31 March 2013).

Claims are settled when an award is made by the Minister or

by the Land Claims Court, and are finalised when the award

is implemented.

A budget allocation of R2, 885, 753, 000 was made to the

Restitution programme through the vote of the department.

Performance against set targets

During the period under review the Commission settled 602

new claims against a target of 133. A total of 376 claims

were finalised against the target of finalising 380 claims. Of

the 376 finalised claims, 153 were backlog claims (approved

in part and/or were implemented in part in previous financial

years) and 223 were new claims that were settled and

finalised during the year under review.

The settlement and finalisation of the claims resulted in

awards of 195,967 hectares of land at a cost of

R1,57 billion, and of financial compensation amounting to

R993 million. A total of 111,278 people benefitted from the

Restitution programme in the 2012/13 financial year.

The total expenditure for the period under review was

R2,865,552,000 against the budget allocation of

R2,885,753,000, which amounts to 99.3%.

Communication Outreach Programme

The Commission embarked on a campaign to communicate

with claimants whose claims are outstanding. More than

85% of the claimants have been informed of the status of

their claims. We are unable to immediately identify the

remaining 15%, who are no longer contactable using the

contact details that were last provided. Various strategies to

locate the whereabouts of the outstanding 15% are being

investigated, including tracing claimants using records of the

Department of Home Affairs, and through the use of media

and/or tracing agents.

The customer engagement strategy is already showing

success judging by the number of enquiries made via the

Presidential Hotline, the Ministry and Director General, which

have reduced substantially.

Continious communication, with claimants whose claims are

still outstanding, in order to inform them, not only of the

status of their claim, but what is planned to settle and

finalise their claims, will be critical, particularly as

consultations on the Restitution of Land Rights Amendment

Bill, 2013 approved by Cabinet for public consultation

progress. As touched upon in the Minister’s foreword, the

Bill proposes the re-opening of lodgement of land claims by

those that had not lodged their claims by 31 December

1998.

Business Process Perspective

In the 2013 State of the Nation Address, the President stated

that “we must shorten the time it takes to finalise a claim”.

Our response has been to refocus on building an

CHIEF LAND COMMISSIONER’S OVERVIEW

Ms Nomfundo Gobodo

Chief Land Claims Commissioner



organisation capable of addressing the challenges that face

us, including that of insufficient capacity. We have, for

example partnered with the Human Sciences Research

Council, the University of South Africa and other institutions

of higher learning, who are assisting us with the research of

complex claims whilst transferring skills to our internal

research staff.

We are also making increased use of the mediation services

of the department’s Land Rights Management Facility, which

provides legal representation to indigent parties and

mediation services at the expense of the Commission. This

has assisted in the resolution of complex disputes and the

facilitation of legal representation to indigent parties in cases

before court. The total number of matters that have been

referred to the Land Rights Management Facility to date is

115. In the period under review legal representation at the

expense of the Commission was provided to 47 indigent

communities. Payments in the amount of R11.4 million were

made to legal representatives of the indigent parties.

Other initiatives to speed up the Restitution process include

the provision of necessary technical support and assistance

by other branches of the department who assist the

Commission in the processing of claims.

Following the announcement by the President that there

were proposals to amend the Restitution Act to allow those

who did not lodge claims to do so, we commenced with

preparations to prepare the organisation to accept new

claims. At the time of submitting this report to Parliament

we shall have made much progress with the preparatory

work, so that we are ready to implement the plan. Part of

the planning process included the training of National Rural

Youth Service Corps (NARYSEC) youth, and other staff

members who will assist the Commission in the proposed

new lodgement process.

Corporate Governance Perspective

In compliance with Section 21 of the Restitution of Land

Rights Act, the annual report of the CRLR for the 2011/12

financial year was tabled before the National Assembly and

the National Council of Provinces (NCOP).

Meetings of the CRLR, as required by Section 5 of the Act

were also held, focusing on improving the performance of

the CRLR.

In line with the statutory requirements, the CRLR has

participated in all the meetings of the Portfolio Committee of

Rural Development and Land Reform, as well as the meetings

of the Select Committee of Land and Environmental Affairs

of the National Council of Provinces, and in all other

Parliamentary Committees when invited.

Strategic direction

The strategic direction provided by the Director General of

the department (as accounting officer) and the Minister of

Rural Development and Land Reform, respectively, (details

are in the Strategic Plan of the department for the period

2011 to 2014 as amended and in the annual performance

plans) remain the driving force behind the Restitution

programme’s performance.

Conclusion

The proposed reopening of the Restitution process for those

who did not claim by 31 December 1998 will extend the

scope of the Restitution programme, and will require

additional human and financial resources, as we continue to

focus on our mandate of settling claims.

Ms Nomfundo Gobodo

Chief Land Claims Commissioner

PART 2OVERALL PROGRAMME PERFORMANCE




Purpose

The Restitution programme is aimed at settling land restitution claims under the Restitution of Land Rights Act (Act No. 22 of

1994). The Commission on Restitution of Land Rights (CRLR) is responsible for investigating and processing restitution claims.

The CRLR also develops and coordinates restitution policies and oversees restitution court cases.

Strategic objective

The strategic objective of the CRLR is the restitution of rights in land or awards of alternative forms of equitable redress to

claimants, within the Medium Term Expenditure Framework budgetary allocation.

Service delivery achievements

The CRLR over-performed by settling 602 new claims against a target of 133; whilst a marginal under-performance was

recorded in the finalisation of 376 claims against the target of finalising 380 claims. The CRLR’s performance benefitted the

beneficiaries of the restitution programme as indicated in the table below.

l Settled restitution claim refers to a claim that has been approved by the Minister in terms of Section 42D of the Restitution

of Land Rights Act or where an award has been made by the Land Claims Court, and the implementation thereof is still

ongoing.

l Finalised restitution claims refer to a settled claim that has been brought to completion with the transfer of land or

payment of funds to the relevant beneficiaries i.e. all actions pertaining to a specific claim have been dealt with, and the

file relating to the claim has been closed.

l Backlog claim refers to a claim that has been settled in previous financial years.

Quarter Beneficiaries Hectares

Awarded

Land cost Financial

compensation

Quarter 1 9 895 7 601 107,388,766.60 96,863,990.28

Quarter 2 8 071 10 506 48,027,152.05 89,432,569.88

Quarter 3 38 535 76 265 577,118,220.73 352,756,213.57

Quarter 4 54 777 101 595 843,423,908.30 454,093,175.80

TOTAL 111 278 195 967 1,575,958,047.68 993,145,949.53

Performance against targets that were set was as follows:

Strategic Objective Performance Indicator Actual Performance against target

Target Actual

Land rights restored or

alternative forms of equitable

redress awarded to claimants

by 2014

Number of land rights

restored or awards of

alternative equitable redress

finalised

380 Claims finalised:

Backlog claims finalised – 153

New claims finalised – 223

Total - 376

Number of land claims settled 133 New claims settled – 602

Strategic Objective

EASTERN CAPECommission on Restitution of Land Rights



Overview

In the year under review, the target for the Eastern Cape was

the settlement of 24 new claims and finalisation of 60

claims. Due to the nature of dispossessions that took place in

the Eastern Cape, the majority of land claims settled were for

financial compensation. This is due to the fact that people

were removed and resettled within communal areas within

the Eastern Cape Province, as a result of the implementation

of the “Betterment policies” of the apartheid government.

A substantial number of complaints and enquiries were

received from communities, families, groups and individuals

claiming that they were left out of the 1998 lodgement

period and subsequently on the already settled land claims.

The announcement by the President, that Government was

considering reopening the lodgement of claims will

definitively assist the province in addressing the complaints.

The following are the highlights of claims settled in the

Eastern Cape during the period under review:

Sphaqeni community claim

The settlement of the Sphaqeni community land claim comes

at a time when the country commemorates 100 years since

the promulgation of the 1913 Natives Land Act. The

community, comprising of seven villages, lost their land in

different periods from 1928 to 1978. This settlement is one

of the many positive examples of what government has been

doing to reverse the painful legacy of this Act.

This claim is estimated to have benefited 3, 234 beneficiaries

from 1, 168 households, with 580 of these being female-

headed. The claimed land amounted to 1198.2032 hectares,

which include a forestry plantation currently owned by the

Ingquza Hill Local Municipality. The claimant community was

compensated with an amount of R93, 325, 338 and

781.2032 hectares of land.

This claim is proof that government is committed to

compensate those who forcibly lost their land rights due to

systems implemented during colonialism and apartheid. It

also is a measure to ensure that rural communities enjoy the

benefits of democracy and become economically self-

sustainable. Plans to assist the community to develop the

781.2031 hectares of land, through the Recapitalisation and

Development Programme, are underway.

Double Drift community claim

The settlement of the Double Drift community claim is yet

another major restitution settlement on conservation land in

the Eastern Cape. This settlement, involving ownership of a

nature reserve, has brought a sense of pride to the

community.

The claim made by the Double Drift community is in respect

of various farms, which were consolidated into what is

currently known as the Double Drift Nature Reserve. The

claimed land is measured at 13546.4783 hectares; it is

situated in Alice in the Amathole District Municipality.

The community received financial compensation amounting

to R6 698 472. They also received an additional R1 741 080

in the form of restitution settlement grants. The community

was dispossessed of the agricultural and ecotourism

potential land in 1936 when the Victoria East District was

declared a released area and consequently could no longer

be occupied by the community that has now claimed it. The

declaration was made in terms of the Trust and Land Act No.

18 of 1936 and the Bantu Act of 1971. The land was

proclaimed as a conservation area in 1984.

Tugela community claim

The Tugela community land claim is another successful

Commission achievement. The Tugela community claim is in

respect of various scattered sub-villages in the then Herschel

District, under Chief Booker Mehlomakhulu. These sub-

villages and their inhabitants are now converged at

Entsimekweni, Ezintatyaneni and Dibinkonzo under the

broader administrative area called Tugela. The claimed land is

6 305, 7478 hectares.

The community was dispossessed during the implementation

of Betterment planning policies. The betterment system

removed and placed many people in small and overcrowded

areas.

The total compensation for the 1 000 households amounts

to R34, 003, 771.48.

EASTERN CAPE



In summary, the performance of the province is as follows:


Target Actual

Land rights restored or alternative

forms of equitable redress awarded

to claimants by 2014

Number of land rights restored

or awards of alternative

equitable redress finalised


Number of land claims settled 24 53 New claims settled

Backlog claims finalised 4

New claims finalised 14

Total 18

Details of the claims settled and finalized are as follows:

Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Erasmus Family Claim 1 1 0 0 530,048.85 Financial Compensation

Gwija Family Claim 1 1 0 0 98,783.56 Financial Compensation

Church of God and Saints of

Christ (Phase 1)

0 0 0 0 480,401.88 Financial Compensation

Poonnosamy Family Claim 1 0 1 0 367,541.40 Financial Compensation

Jooste family claim 1 0 1 0 134,900.54 Financial Compensation

Pefile Family Claim 1 1 0 0 213,851.07 Financial Compensation

Zothe Family Claim 1 1 0 0 946,244.48 Financial Compensation

Mbashane Community Claim 1 1 0 0 11,572,257.14 Financial Compensation

Puba Family Claim 1 0 1 0 575,786.89 Financial Compensation

Peterson Family Claim

(Addendum)


Fraser Family Claim 1 0 1 0 145,116.67 Financial Compensation

Ncura Community 1 1 0 0 4,447,382.99 Financial Compensation

Amajali Community Claim 1 1 0 0 18,896,229.71 Financial Compensation

Pamla Family Claim 1 1 0 0 325,356.11 Financial Compensation

Amahlamvu Community

(Amahegebe Community)

1 1 0 48 414,000.00 Agricultural & Financial

Compensation

Tugela Community Claim 1 1 0 0 34,003,771.48 Financial Compensation

Tshomela Family Claim 1 0 1 0 84,849.82 Financial Compensation

Ntikinca family claim 1 1 0 0 431,020.39 Financial Compensation

Gouza, January and Salters

Family Claims


Polile Community Claim 1 1 0 0 4,118,395.74 Financial Compensation

Bedford Methodist Church 1 0 1 0 94,647.45 Financial Compensation

Ncapayi Family Claim 1 1 0 0 252,867.25 Financial Compensation

Zokwe Family Claim 1 1 0 0 443,254.09 Financial Compensation

Mphithizeli Family Claim 1 1 0 0 258,496.79 Financial Compensation

Mpongwana Family claim 1 1 0 0 621,577.90 Financial Compensation

Andrews family claim 1 0 1 0 106,700.67 Financial Compensation

Brenda Kathleen McAllister

(North End)


Kobonqaba Community Claim 1 1 0 0 11,907,419.92 Financial Compensation

Mkhanzini Community Claim

(Phase 1)

0 0 0 0 22,285,901.64 Financial Compensation

EASTERN CAPE

Claim



Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Zantsi Family Claim 1 1 0 0 193,610.05 Financial Compensation

Mxumbu Community Claim 1 1 0 0 7,463,380.00 Financial Compensation

East Bank Church Claims:

Methodist Church


Sipageni Community 1 1 0 781 93,325,337.92 Financial Compensation,

Commercial and Forestry

Lali Family Claim 1 1 0 0 1,622,855.20 Financial Compensation

Mzamba Community 2 2 0 0 33,927,751.07 Financial Compensation

A. Obaray Family Claim 1 0 1 0 487,093.11 Financial Compensation

Rululu Family Claim 1 1 0 0 198,850.90 Financial Compensation

Lower Muso Group Claim 1 1 0 0 1,834,120.84 Financial Compensation

Five Fort Beaufort Individual

Claims


Rhayi Community Claim 1 1 0 0 8,137,530.02 Financial Compensation

Imidange Community Claim 1 1 0 0 933,687.92 Financial Compensation

Coetzer Family Claim 1 0 1 0 359,512.30 Financial Compensation

Korsten Group Claim 8 0 8 0 2,155,111.43 Financial Compensation

Witterbergen Community

(Phase 1)


53 27 26 829 298,350,380.36

EASTERN CAPE

*where the number of claims settled is zero, the claim is a part settlement that had been counted in the previous financial

years.

Claim

FREE STATECommission on Restitution of Land Rights



FREE STATE

Overview

During the period under review, the target set for the Free

State Province was the settlement of three new claims and

the finalisation of 10 claims. Five new claims were settled

and 26 claims were finalised.

The following claims are the highlights of those settled in the

Free State Province during the period under review.

Sediba community claim

The claim was approved by the Minister in March 2012 and

beneficiaries were paid in the 2012/13 financial year. An

amount of R49, 097, 435 was paid to 2 000 beneficiaries of

which 335 were female headed households. The payments

to Sediba community were processed with dedicated

support from nine members of the NARYSEC Programme.

They also supported payments amounting to R21 million on

the Ha-Rankopane land claim, which included 190

beneficiaries of which 106 were female headed households.

This claim was settled in the current financial year. Nine of

these claims were family claims while three were community

claims.

Malakoane (Rietlaagte) family claim

The Rietlaagte family claim was lodged in 1998 by the late

Michael Malakoane. The claimant family consists of 18

households comprising 45 beneficiaries.

The claimants lost beneficial occupational rights and

indigenous ownership on Portions 31, 33, 39, 40 and 41 of

the farm 1903 (commonly known as Rietlaagte). The extent

of the farm is 1323.3941 hectares.

The claim was approved on 13 March 2013. The claimants

have since received 1022.1038 hectares and financial

compensation amounting to R866, 936.35. This money will

be used for the development and sustainability of the farm.

Ballot (Oldenburg) Family Claim

Mr Johannes Stephanus Simeon Ballot and Brigadier R.F

Crowther lodged a claim on behalf of their former farm

workers. The claim was lodged on 19 June 1992 with the

Advisory Committee on Land Allocations. The dispossession

took place in 1986 after the then government earmarked

their farm because it was situated in a district that was to be

incorporated into the Witzieshoek Native Reserve as

scheduled in the 1913 Natives Land Act. The claimants had

ownership rights on Portion 0 of the farm Stockbridge No.

619, Portion 0 of the farm Oldenburg No. 1870 and Portion

0 of the farm Altar No. 1875.

The extent of lost land is 902.4592 hectares. The land

claimed is currently proclaimed as part of Golden Gate

Highlands National Park, situated between Clarens and

Phuthaditjhaba.

The claim was approved on 06 February 2013 for payment

of financial compensation in the amount of R1, 782, 058.99.



FREE STATE

In summary the performance of the Free State province is as follows:


Target Actual











Total 26


Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Bataung Community Claim

(Phase 1) [LCCC Order]

0 0 0 782 5,159,469.05 Livestock and Crop

Production

Ha-Rankopane Rural Village

Land Claim (Final Phase 2)


Dithakong Community Claim

(Botharnia- Phase 2)


Makwane Rural Village Claim

(Final Phase 2)


Adoons family claim 1 0 1 0 54,650.00 Financial Compensation

Malakoane Family claim

(Phase 1)

0 0 0 756 0.00 Grazing/ Arable Land and

Dairy

Morojaneng Old Location

(Kgomo Land Claim Site 65)


Portion 2 of farm Uintjieshoek

no. 199 (George Mohale)


Wildebeestspruit Farm Claim

(Ephraim Morolong)

1 1 0 418 3,690,176.00 Grazing and Arable Land

Ballot Family Claim (Phase 1) 0 0 0 0 1,782,058.99 Financial Compensation

Modderina Family (Mosia CPA) 1 1 0 1071 7,914,400.00 Grazing and Grain Crop

Malakoane Family (Phase 2) 0 0 0 266 866,936.35 Grazing

Vlakspruit Claim (Phase 2:

Additional Funds)

0 0 0 0 2,271,167.00 Not applicable-

addendum5 3 2 3293 100,331,293.51


years.

Claim

Strategic Objective

GAUTENGCommission on Restitution of Land Rights



GAUTENG

Overview

During the period under review, the Gauteng and North

West Offices were operated as one office with a target of

settling 30 new claims and finalise 51 claims. This section

deals with the Gauteng report.

This is a period of significance since the attainment of

democracy in South Africa. This era holds so much worth

especially for the programme of land reform. It coincides

with the marking of 100 years of the promulgation of the

1913 Natives Land Act. The Gauteng office in this report

indicates just how much they have done in its quest to

reverse the impact of the Act.

The Gauteng province has its own dynamics. As a province,

it is more urban than rural. There are, however, some

significant rural pockets. In the year under review the

Gauteng office successfully settled 118 restitution land

claims at a total settlement value of R43, 856 206.00. The

number of the land claims restored was 126.

In settling the 118 land claims, the office spent R37, 055,

319.00 as financial compensation. This means that of the

total settlement value of R43, 856 206.00 only R6, 800,

887.00 was used for land value. Of the 118 land claims

settled only one land claim settled had land value. That then

translates to 586.379 hectares of land restored.

The 118 settlement cases have 1, 488 beneficiaries. These

beneficiaries are from 286 households, and of these a total

of 129 were female-headed households.

The office has also made strides in resolving some of the

complex land claims within the province. One of these is the

Wallmansthal claim. The claim had several challenges as

there was a dispute over the manner that the department

wanted to settle it. The Minister of Rural Development and

Land Reform, Mr Gugile Nkwinti intervened and had a

meeting with the claimants. A new settlement plan was

presented and was duly welcomed by the claimants. Two

committees were then set up, to deal with technical and

social issues.

The following claims comprise the highlight of claims settled

in the Gauteng province during the period under review:

Onverwacht community claim

The Onverwacht community claim underscores the kind of

impact that the dispossession of land had on communities.

Some two centuries ago, Mr Johannes Michila Buda’s

forefathers stayed on a farm called Onverwacht, where they

were allowed by the farm owner to keep livestock to sustain

their livelihoods. They also planted crops on their allocated

piece of the land where they were also permitted to reside.

In 1962 they were astonished when they were suddenly

given three months’ notice to vacate the farm. The white

land owner created unbearable conditions to live in, and

even before the three months had expired, he started to

demolish their homesteads. They eventually had to leave the

farm without even transport to ferry their livestock. The

claimants currently stay at Pieterskraal and Dennilton in



Mpumalanga, to which they were forcibly removed. The

areas where they are situated are mainly rural with poor

infrastructural development. The majority (80%) of these

claimants are living under conditions of severe poverty due

to unemployment. Their income is low and they cannot

sustain their families.

In settling this land claim the office found that there were 49

verified households, 24 of which are female-headed

households. 151 beneficiaries are direct descendants of the

originally dispossessed.

As a settlement package the beneficiaries opted for both

financial compensation and land restoration. As financial

compensation an amount of R660, 000.00 will be shared

among the beneficiaries for land consisting of 35.0203

hectares. Each household will receive R13, 469.38. For land

restoration the department had paid R6, 800, 887.00 to buy

a piece of land consisting of 586.3790 hectares. The total

cost of settlement is, R7, 460, 887.00.

The land which will be restored to the beneficiaries will be

mainly used for cattle farming in controlled selective grazing,

controlled grazing with supplementary and also vegetable

planting to improve livelihoods and for economic

improvement. It consists of about 118 hectares of planted

pastures and 418 hectares of natural grazing land with seven

camps. About 20 hectares of land is under irrigation from

the Wilge River.

An agreement was reached between the current owner and

the beneficiaries for the farmer to lease the farm from them

for at least a period of two years. This will give them enough

time to prepare themselves to take over the business of the

farm through the present farmer’s mentorship and other

training programmes that will be offered by the department.

As has been highlighted earlier, the property under claim will

be very useful in beefing up the economic status of the

community, since most of the projects that will be put in

place will contribute to skills development, thereby, creating

employment opportunities.

The Gauteng Department of Agriculture and Rural

Development will be roped in to provide technical and

extension support. The department (Gauteng PSSC), will be

requested to assist through the Recapitalisation and

Development Programme and the Rural Enterprises and

Industrial Development branch.

Honingfontein family claim

The Honingfontein land claim was successfully claimed by

the Masilela family. The land claimed is in the Lesedi Local

Municipality in the Sedibeng district. The land claim was

lodged by Sanki Shadrack Masilela on behalf of the Masilela

family. There were two portions under claim: one of

171.3064 hectares and another of 241.3369 hectares.

Collectively, the portions under claim amounted to the total

of 412.64 hectares.

GAUTENG



The narrative is a familiar one: a troubling story of people

forcibly removed from the only place they called home, as

well as the dispossession of their belongings. There are no

records that prove that the family was granted any form of

compensation, be it monetary compensation or alternative

land at the time of dispossession. The land claimants did not

even have the opportunity to negotiate for compensation.

Instead, their livestock and implements were forcibly taken

away from them.

Initially, the Masilela family had labour tenancy rights as they

were providing labour on the farm in exchange for shelter

and grazing land for their livestock. However, at the end the

family was dispossessed of their land rights.

The family opted for financial compensation. An amount of

R4, 000, 000.00 was paid out to the Masilela family as

financial compensation for both portions that they claimed.

They indicated that they have already settled in Vlaklaagte

No.1 in Mpumalanga and are not in a position to start a

new settlement elsewhere.

Mahlangu (Zeekoegat) family claim

The Zeekoegat claim, also known as Mahlangu claim, was

settled for a total financial compensation offer of R4, 800,

000.00. This amount was informed by the land value for the

two portions that they have claimed.

The first portion under claim was 17.4940 hectares, valued

at R1, 749, 400.00. The second portion was 30.5147

hectares, valued at R3, 051 470.00.

There was only one claim lodged on Zeekoegat by the

Mahlangu family. There 36 people who benefitted from the

claim came from 12 households, and five of the households

were female-headed.

The farm Zeekoegat 296 JR is situated about 30 km east of

the City of Pretoria on Moloto road to KwaMhlanga and is

within the City of Tshwane Metropolitan Municipality.

As is characteristic of Gauteng province, the majority of

claims were settled by way of financial compensation.

The claim was lodged by Mr Mbangwa Johannes Mahlangu,

as the original dispossessed victim. Mr Mahlangu has since

passed on. The family then appointed his son, Mr Samuel

Jabulani Mahlangu, as their representative and/or substitute

land claimant. The beneficiaries said children could not go to

school during the dispossessions, churches and families were

dismantled. They also buried their loved ones on the farm

and the dispossessions meant that the graves of their loved

ones would be left unattended.

There are no records that prove that the family was granted

any form of compensation, be it monetary compensation or

alternative land. The land claimants did not even have the

opportunity to negotiate for compensation. Instead, their

livestock and implements were forcibly taken away from

them. No alternative arrangements were made for transport

or, accommodation and no financial relief was offered.

The land claimants opted for financial compensation. They

indicated that they have already settled in Vlaklaagte No.1 in

Mpumalanga and are not in a position to start a new

settlement elsewhere.

GAUTENG



In summary the performance of the Gauteng provinces is as follows:


Target Actual








Number of land claims settled 30 New claims settled:

GP:118

NW:12

Backlog claims finalised GP:69

NW:2

New claims finalised GP:56

NW:3

Total 128


Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Brakpan (Amendment) 106 0 106 0 4,522,739.00 Financial Compensation

Honigfontein 339 IR Land Claim

(Masilela Family)


Mabena Family Claim

(Donkerhoek 365 JR)


Mashego Family (Rooikopjes

483 JR)


Onverwacht Community Claim 1 1 0 586 7,460,887.00 Cattle Farming

Mahlangu Family Claim

(Kameelfontein 297 JR)



(Zeekoegat 296 JR)


Zandspruit 191 IQ 1 1 0 0 6,982,950.00 Financial Compensation

Boschkop 369 JR

(Kabini Family)


Elandsfontein 480 JR

(Mangwanatala Family)


Mokoena Family 1 1 0 0 5,354,000.00 Financial Compensation

118 12 106 586 43,856,206.00


years.

GAUTENG

Claim

Strategic Objective

KWAZULU-NATALCommission on Restitution of Land Rights



KWAZULUNATAL

Overview

The 2012/2013 financial year was, in many respects, an

important year for the Commission. For the Province of

KwaZulu-Natal, it marked the beginning of the first full

financial year for its newly appointed Chief Director. Most

importantly, the focus for the year was not only on budget

expenditure, but also on preparing for events and legacy

projects connected to the centenary of the 1913 Natives

Land Act.

The office settled 61 claims for R860, 396 531.00. These

claims benefitted 4, 454 households consisting of 25 865

beneficiaries. 62644 hectares of land were returned to

claimants.

The following are highlights of claims settled in KwaZulu-

Natal during the period under review.

Linwood, Madlala and Shaftoncommunities land claim

The land rights of the Linwood, Madlala and Shafton

communities were restored in a ceremonial title deeds hand

over on 19 January 2013. The three communities were

victims of the 1913 Natives Land Act when they were

dispossessed of their land by the then government. In early

1918, the Linwood and Madlala communities used their land

for stock farming before Mondi Forestation Company took

over in 1967. Many restrictions were imposed to allow for

timber plantation as more land was required. Their

indigenous houses were bulldozed and some were burnt to

give space for tree plantations.

In 1998 they lodged their respective claims and they were

approved by the Minister of Rural Development and Land

Reform.

Due to the fact that the Shafton Community had so many

beneficiaries who were old and had already settled in

another place, they opted for financial compensation. The 46

households received financial compensation of R2, 513,900.

The Linwood and Madlala communities opted for land

restoration and based on the Memorandum of

Understanding between the department and Mondi, a

settlement model in settling forestry claims was applied. The

Linwood Community consists of 57 households and 200

beneficiaries. The land restored to the community is 1437

hectares. The Madlala community consists out of 120

households and 230 beneficiaries and 1108 hectares of land

was restored to them.

Mondi Shanduka has leased the land from the two claimant

communities for a period of 10 years and after that the

claimants will take over the management of land and

ownership of timber. Mondi will also offer bursaries to

claimant beneficiaries who would like to pursue careers in

forestry and pay 100% of their fees, accommodation and a

stipend for the period of study in a recognised tertiary

institution. They will further assist in skills development and

training; enterprise development; corporate and social

investments; capacity building and general employment; and

forestry contracting opportunities.

Mpushini community claim

The children of beneficiaries from Ashburton community

claim received the opportunity of a life time when Minister

of Rural Development and Land Reform, Mr Gugile Nkwinti

announced that in addition to the department paying them

financial compensation, their young people would be

recruited and incorporated into the National Rural Youth

Service Corps (NARYSEC) programme, where they would to

be equipped with essential skills.

The youth will be trained in various soft and hard skills that

will subsequently benefit the community.

The Ashburton claim was approved by the Minister on 15

December 2012. The community received settlement to the

total value of R23, 663, 450 for 433 households. Each

household was awarded with a voucher of R54, 650.



KWAZULUNATAL

In summary the performance of the province is as follows:


Target Actual











Total 33

Details of the claims settled and finalized are as follows

Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Kwa-Kubeshe Community Land

Claim (Wasbank)


Jamuna Family Land Claim

(Pinetown)


eMakhwatheni Community

Land Claim (Phase 1)

0 0 0 483 12,235,802.60 Cattle and Crop Farming,

and Commercial Forestry

Empakameni Community Land

Claim (Phase 2)

0 0 0 281 15,420,000.00 Commercial Agriculture

i.e. Grazing, Dairy and

Beef Farming, Chicken

Farming

Mgai Community Land Claim

(Phase 2)

0 0 0 853 13,200,000.00 Sugarcane

Emagcekeni Community

(Phase 2)

0 0 0 430 15,069,972.00 Sugarcane

Farjas (Pty) Ltd and Rainy Days

Farms (Pty) Ltd [Farouk Jasat]-

Court Order


Cremin Tenants Community

Claim (Final Phase)


Moyeni Community Land Claim

[Addendum: Roseveare Trust

Trustees]

0 0 0 0 14,416,000.00 Not applicable-

addendum

Izanqawe Community (Phase 2) 0 0 0 6735 55,872,346.78 Timber, Pine Plantation

and Grazing

DV Thompson Family Land

Claim (Verulam)


Nkunzana Community (Phase 3) 0 0 0 3064 91,000,000.00 Private Game Reserve

Illovo Nek Community Land

Claim (Phase 1)

0 0 0 24 1,700,000.00 Agriculture

Shafton Community 0 1 0 0 2,513,900.00 Financial Compensation

Pewa Family Land Claim 1 0 1 0 54,650.00 Financial Compensation

Mpushini/Ashburton

Community Land Claim


Lenjane Community land claim 1 1 0 1138 8,272,829.00 Game Farming and Dry

Land

Magaqa family land claim 1 1 0 0 1,806,478.00 Financial Compensation

Potgieter Family Land Claim 1 0 1 0 264,390.75 Financial Compensation

Claim

Strategic Objective



Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Ndindini Community Land

claim

25 25 0 1766 5,401,112.00 Grazing

Insinka yamaBombo

Community land claim

(Phase 1)

0 0 0 547 14,190,563.00 Sugar Cane and Timber

Othaka Community Land Claim

(Phase 2)

0 0 0 2584 17,671,390.00 Cattle Farming and

Grazing

Mehta Family Claim 1 0 1 0 188,761.90 Financial Compensation

Obivane Community Claim

(Phase 1)

0 0 0 467 3,900,000.00 Timber, Grazing and

Arable Land

Baumanville Land Claim 4 0 4 0 6,940,550.00 Financial Compensation

Queensburgh

Undercompensation

Landowner


Waterval Community Land

Claim

1 1 0 1012 2,203,900.00 Grazing

Khambule Community Claim 0 0 0 565 43,200,000.00 Timber Plantation

Moyeni Community (Additional

Funding)

0 0 0 0 41,500.00 Not applicable-

addendum

Makhukhuza Community

[LCC 04/2009]

1 1 0 634 5,136,000.00 Cropping and Grazing

Amabhele Community Land

Claim (Phase 1)

0 0 0 6465 41,870,899.60 Grazing

Qoloqolo Community Land

Claim (Phase 2)

0 0 0 19 3,400,000.00 Sugarcane

Motane Community Land

Claims

1 1 0 6590 46,185,586.00 Grazing and Game

Farming

Ngwavuma Community Land

Claim (Phase1)


Mimosa Community Land Claim

(Phase 2)


Nyembe Community Land

Claim (Phase 2)

0 0 0 198 8,326,228.00 Grazing

Madzikane Community Land

Claim (Phase 2)

0 0 0 1265 36,954,011.00 Residential,Timber,

Sugarcane and

Commercial Farming

Mpangisa Community Land

Claim (Phase 1)


Nxumalo Community Land

Claim (Final Phase )

0 0 0 1353 17,255,223.90 Grazing and Commercial

Agriculture

Azibuy' Emasisweni Community

Land Claim

2 2 0 3866 55,801,723.00 Timber Plantation,

Sugarcane, Grazing and

Game Farming

Oshabeni Community Land

Claim (Phase 3)

0 0 0 798 19,267,548.00 Sugarcane

Mbindolo Communtiy 1 1 0 0 5,792,900.00 Financial Compensation

KwaNgwenya Community Land

Claim (Phase 1)

0 0 0 1303 4,495,720.00 Grazing

Barneveld Community Land

Claim (Phase 2)

0 0 0 493 11,300,000.00 Citrus, Cash Crops and

Game Farm

KWAZULUNATAL

Claim



Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Nodunga Community Land

Claim (Phase 1)

0 0 0 2117 55,269,300.00 Sugarcane

Amachunu and Abathembu

Community Land Claims

(Phase 2)

0 0 0 12805 64,384,024.50 Game Farming and

Grazing

Cavendish Community Claim

(Phase 1)


Bambanani Tenants Land Claim 1 1 0 0 1,967,400.00 Financial Compensation

Nyavini Land Claim (Phase 1) 0 0 0 0 10,219,550.00 Financial Compensation

Okhonjweni Land Claim

(Phase 2)

0 0 0 795 13,000,000.00 Big Five Game Reserve

Ntshangase Land Claim (Court

Order)

0 0 0 1163 13,447,102.00 Agriculture

Motane Community Land

Claims: Amendment of total

award cost

0 0 0 0 277.80 Not applicable-addendum

61 50 11 62644 860,396,531.00


years.

KWAZULUNATAL

Claim

NORTHERN CAPECommission on Restitution of Land Rights



Overview

The Northern Cape Province is the largest province in terms

of area, being at least twice the size of any other province in

the country. The province is largely rural with vast tracts of

arid land that is mostly suitable for livestock grazing. Arable

land is to be found in the lower Orange River area, and is

mostly utilized for vineyards and cash crops.

The province is rich in minerals, especially diamonds and

many land claims have been lodged on alluvial soil. The

officials of the Commission have been engaging with mining

houses such as De Beers to purchase land for the settlement

of land claims.

R111, 917, 000.00 was allocated to the province to settle

claims in the 2012/2013 financial year.

The office planned and successfully hosted a title deed

handover celebration with the Vioolsdrift claimants in April

2012.


Northern Cape Province during the period under review:

Koopmansfontein community claim

The farm Koopmansfontein is located approximately, 120km

north west of Kimberley, in the Dikgatlong Municipal Area,

Frances Baard District.

Phase 1 of the Koopmansfontein Community land claim was

settled in 2009 which entailed the purchasing of the Farm

Koopmansfontein No. 377 for restoration of rights in land.

The property acquired as part of the first phase settlement

agreement was transferred and is currently registered in the

name of the Koopmansfontein Communal Property

Association (CPA).

Phase 2 of the Koopmansfontein Community land claim

submission was approved by the Minister at the end of

2012. The approval is for the purchase of two (2) additional

properties (Portion 0 of the Farm Koopmansfontein No. 378

measuring 4 043. 3 451 hectares and Portion 6 of the Farm

Koopmansfontein 211 measuring 535. 1 661 hectares).

In total, the department has purchased three private farms in

order to restore the rights in land lost by the

Koopmansfontein Community. The provincial Department of

Agriculture and Land Reform allocated funding, which was

utilized to upgrade the Farm infrastructure (kraals, holding

grounds and perimeter fences). As a result, the community is

ready to commence with commercial farming as soon as the

livestock has been purchased.

The restitution options considered for settlement of the

Koopmansfontein claim is equitable redress in the form of

restoration of rights in land on the original land.

A phased approach has been utilized to settle this claim due

to the fact that a number of farms had to be purchased. In

fact, there is one last phase that will be dealt with in the

2013/2014 financial year and it is envisaged that two more

farms will be purchased for the community.

The Deputy Minister of Rural Development and Land Reform,

Mr Lechesa Tsenoli handed over the title deed to Portion 0 of

the Farm Koopmansfontein No. 378 measuring 4 043, 3

hectares and Portion 6 of the Farm Koopmansfontein 211

measuring 535,1 661 hectares to the Community Property

Association on 17 March 2013.

Uitsig family claim

The Strauss Family was dispossessed of their land and rights

in land in and around 1977. They owned Farm De Banken

which is measured at 3424, 2265 hectares. The claim was

lodged by Mr Cornelius Stephanus Strauss on behalf of the

Strauss family. The claimants mandated Mr Cornelius

Stephanus Strauss to represent them and to pursue the claim

on their behalf.

There are 8 households in the Strauss family with 12

beneficiaries of this claim. They opted for land restoration

since some family members are already involved in livestock

farming and are emerging farmers.

NORTHERN CAPE



It must be noted that the claim lodged by the Strauss Family is a relatively small family claim as there are only 8 households in

the family that will return to the land. Portion 1 of the Farm De Banken No. 130 (Uitsig) is only 3 424,2265ha in extent and

may be suitable for only livestock farming considering the harsh environment and semi-desert conditions in the area.

Any investment from the department will be welcomed by the claimants since they are eager to commence with their

farming activities. They also indicated that they wish to consider other enterprise development opportunities on the property,

such as game farming. The Land Reform Branch indicated that the Uitsig CPA has been prioritized for inclusion in the

Recapitalization budget allocation for 2013/2014.


NORTHERN CAPE


Target Actual











Total 23


Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Koopmansfontein Community

Claim (Phase 2)

0 0 0 4579 16,024,789.00 Grazing

Richtersveld Community Claim:

Financial Compensation [ Mrs

Plaisier for improvements ]


Strauss Family Claim 1 1 0 3424 2,135,000.00 Financial Compensation

Louisvale and Louisvaleweg

Community Claim (Phase 2)


Lohatla/ Gatlhose Community

Claim (Phase 3: Final Phase]


Warrenton Community (Phase

2- Final Phase)


Delportshoop Community

Claim (Phase 2- Final Phase)


Phokwani Mixed Location

Claim (Phase 2)


Niekerkshoop Community Claim

(Phase 2- Final Phase)


Vioolsdrift-Suid Land Claim /

Steinkopf Land Comittee

(Phase 2)


Kenhardt Community Claim

(Phase 2)


Gasegonyana Community

(Phase 3-Final Phase)


Lohatla/Maremane Community

Claim (Phase 2)


Claim

Strategic Objective



NORTHERN CAPE

Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Smith's Mine Community Claim


0 0 0 0 491,850.00 Financial Compansation

Orania Community (Phase 2-

Final Phase)

0 0 0 0 1,202,300.00 Financial Compansation

Riemvasmaak (Adjacent Land)

Community (Phase 3)


Kenhardt Community Claim

(Phase 3)


Lohatla/ Maremane Community

Claim (Phase 3)


Louisvale and Louisvaleweg

Community (Phase 3- Final

Phase)


3 1 2 8089 106,525,735.00

Claim

NORT WESTCommission on Restitution of Land Rights



Overview

Given that the North West province is predominantly rural,

the office settled a significant amount of rural land claims

during the year under review. As at 31 March 2013 the

office is dealing with 28 cases in court and two were

successfully settled through court orders i.e.

Boekenhoutfontein and Kookfontein claims of the

Rustenburg area.

As indicated in the Gauteng Section, during the period under

review, the Gauteng and North West Offices were operated

as one office with a target of settling 30 new claims and

finalise 51 claims. This section details the report of the North

West Office.

During the period under review, the North West province

settled 12 restitution claims and a further 25 phased projects

were approved. 24 161 beneficiaries benefitted from these

settlements consisting of 5 769 households with 2 743 of

these being headed by females. The total value of the

settlement approved during the 2012/13 financial year was

R350, 583 982.89 of which R78, 722 233.83 was through

financial compensation. R270, 961, 749.06 was for the

restoration of 68, 001.8296 hectares

Significant development was undertaken with the projects

that are in the Recapitalisation and Development

Programme. Ten restitution projects have been allocated

strategic partners and mentors. The office made headway in

resolving some of the challenging claims in the province, one

of them being Makgokgwane (Kafferskral) claim. The office

has since called for the Minister’s intervention on the matter

and substantial progress has been made thus far as a task

team has been appointed to fast track progress.

The following are highlights of claims settled in the North

West Province during the period under review:

Bakgatla ba Mosetlha community claim

The claim was lodged in the prescribed manner on the 30th

of November 1998 by Chief Motsegwa Hendrick Makapan.

He lodged the claim in his capacity as the Chief of the tribe

which was forcibly removed from farms within the North

West and Limpopo Provinces. The claim was lodged on 41

farms and 13 of these have been approved and settled in

terms of Section 42D of the Restitution Act, whilst 28

properties are still being researched for settlement.

The land claimants are the direct descendants of the original

owners and some are the originally dispossessed. They have

been fully verified in the usual way by means of

documentation, which includes the certified verification

forms, certified ID copies etc. Several verification exercises

were held with the land claimants, which resulted in a list of

beneficiaries drawn from households’ affidavits of the

affected beneficiaries who are all the direct descendants of

the originally dispossessed families. There are currently 3 750

registered households (2089 female-headed households) and

estimated 16 110 beneficiaries in this claim.

The Minister of Rural Development and Land Reform

approved Phase 1 settlement on behalf of the registered

Bakgatla Ba Mosetlha Communal Property Association (CPA).

This settlement was obtained on the 1st of December 2012.

The affected farms for phase 1 are Portion 1 of Vooruitzucht

7 JR, Portion 2, 3, 5, 6 and 7 of Leeuwkraal 50 JR, Portion 0

of Lochness 478 KR, Portion 0 of Tower 480 KR and Portion

0 (Remaining Extent) of Worcester 481 KR, Portion 0

(Remaining Extent) of Haartebeeslaagte 66 JQ, Portion 0

(Remaining Extent) of Tambotielaagte 164 JQ, Portion 1, 2

and 4 (a Portion of Portion 3) of Klipdraai 166 JQ, Portion 0

of Waterval 561 KQ and Portion 0 and Portion 2 of

Klippoortjie 564 JQ. These farms are within the Moretele

Local Municipality of Bojanala District. All these farms are

state owned and the department is in the process of

transferring them to the land claimants. The total hectares to

be transferred to this CPA is 18 745.0687.

The Minister also approved Phase 2 of this claim which was

in the form of financial compensation to the value of R26,

540, 000.00. This settlement was obtained on 13 March

2013. This phase involved the farms Portion 0 of Transactie 3

JR, Portion 0 of De Putten 4 JR and Portion 1 of

Vogelstruispan 6 JR. Claimants adopted a resolution that

their monetary compensation should be transferred to the

CPA account.

Finally, in order to ensure that there is sustainability for the

settled phases of Bakgatla Ba Mosetlha CPA thus far, the

claimants will be equipped with basic farm management

skills so as to enhance their participation in various farming

projects. All relevant stakeholders and role players will be

well represented and will be actively involved in the

integrated development planning and implementation of the

projects. Some of the issues that will be addressed in order

to render an effective and efficient business management

service for this project include sound administration,

organizational and management structures as well as an

organized and effective system of governance.

Programmes such as Recapitalisation and Development,

NORTH WEST



Rural Enterprise and Industrial Development (REID) and Rural

Infrastructure Development within the department will assist

in assuring that there is social mobilization and infrastructure

development in the awarded properties. REID has already

started with household profiling in the community.

Recapitalisation and development funds will be requested

and strategic partners will be appointed to assist land

claimants with development in the longer term.

Barolong ba ga Maiketso communityclaim

Mr Thusoetsho Gladson Setae completed and submitted a

land claim on behalf of the Barolong-Boo Maiketso on the

11th of December 1998. The claim was lodged in a

prescribed claim form on behalf of the community.

The Barolong ba ga Maiketso lodged land claims in respect

of the farm Highlands 230 IM, the farm Deelfontein B 215

JM, the farm Mositlant 213 JM, the farm Dubble Aar 214

JM, the farm Forres 216 JM, the farm Quareenfontein 212

JM, and the farm 189 JM; all situated in the Dr Segomotsi

Ruth Mompati District within the Kagisano Molopo Local

Municipality.

Chief Maiketso’s tribe first occupied the farm in the year

1700. At that time, no one was residing on the properties.

Members of the Barolong Ba Maiketso a Mariba community

were then scattered around the farm and other properties

bordering it. Around 1930, some white farmers came and

requested a place to stay for a couple of days.

These white persons ended up refusing to leave the claimed

land stating that as soldiers in World War 1 they fought for

the country and the land therefore belonged to them. The

white people started to erect fences and separate themselves

from the community.

Options workshops have been conducted and the options

presented to the claimants, were restoration, alternative land

and financial compensation. In this case the claimants have

chosen land restoration.

The department has settled land of 16,402.1998 hectares to

the value of R192, 265 464 to 2448 beneficiaries consisting

of 764 households. The claim is being settled in phases due

to the fact that some of the land owners are disputing the

merits of the case whilst others have conceded to the merits.

Kudungkgwane (Denmark 445)community claim

Mr Thusoetsho Gladson Setae submitted a land claim on

behalf of the Kudungkgwane community on the 28th of

December 1998. The Kudungkgwane community lodged a

land claim on the farm Denmark 445 IN (with nine portions),

situated east of Ganyesa in the Kagisano Molopo Local

Municipality, D. S.R. Mompati District.

According to the Kudungkgwane community their

forefathers occupied the farm from the 1800s. The

community enjoyed the rights to graze, settle and to plough

on the farm. The majority of white people started to

randomly threaten the black people with the then

Department of Native Affairs indirectly perpetuating the

removal of black people from various farms earmarked for

occupation by white people.

The claimants gave testimony that many of the farms,

including Denmark, were unfenced until around 1938 when

the then government started erecting fences under the

pretext that the purpose of these was to prevent the spread

of animal diseases. The community stated that for many

years they had stayed on this farm, they were never

interrupted by anyone until when the then government

started to get itself involved in the division of land between

black and white people.

The claim was approved by the Minister of Rural

Development and Land Reform on 12 March 2013 and an

amount of R20, 572, 211.00 was approved for land

acquisition, which will benefit a total of 1 500 beneficiaries,

in 299 households, 142 of these being female-headed

households. Currently all the properties of Denmark 455 IN

that have been approved are being transferred into the land

holding entity of the Kudunkgwane community.

NORTH WEST





Target Actual







Target

combined with

Gauteng

Claims finalised:

Number of land claims settled 12 New claims settled



Total 5


Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Bahurutshe Boo Moiloa

(Phase 5)

0 0 0 767 4,037,095.00 Grazing

Bezuidenhout Family Claim 1 1 0 0 1,705,388.00 Financial Compensation

Kgaswane Family Claim

(Phase 1)


Barolong Ba Ga Mariba

Community (Phase 2)


Barolong Ba Ga Maiketso

Community (Phase 2)

0 0 0 2811 13,511,769.00 Grazing

Boekenhoutfontein 44 JQ

(Court Order- LCC 138/2009)



Community (Phase 5)

0 0 0 1744 10,500,000.00 Livestock Farming


Community (Phase 1)

0 0 0 2281 0.00 Not indicated


Community (Phase 3)

0 0 0 3079 13,400,000.00 Not indicated


Community (Phase 4)

0 0 0 2866 0.00 Livestock Farming

Shakung Community Land

Claim

1 1 0 591 0.00 Agricultural Grazing


(Phase 7)

0 0 0 893 8,800,000.00 Grazing


(Phase 6)

0 0 0 467 17,000,000.00 Agriculture

Bakgatla Ba Mosetlha (Phase 1) 0 0 0 18745 0.00 Agriculture

Wagenboomskop 415 JP and

Doornkom 418 JP Land Claim

(Mositla Community)



Community (Phase 3)


Dipati Community (Doornkop

166 IP): Amendment

1 1 0 369 4,365,211.60 Crop and Livestock

Production

Barolong Boo Ratlou Boo

Seitshiro (Phase 5)

0 0 0 1520 17,048,550.05 Not indicated

Kgangwane Community 1 1 0 0 13,881,866.80 Financial Compensation

NORTH WEST

Claim

Strategic Objective



Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Bahurutshe Boo Sebogodi

Community (Phase 3)

0 0 0 68 680,000.00 Not indicated

Batlhaping Ba Ga Phuduhudu

Community (Phase 2)


Tshwaane Community

(Phase 3)

0 0 0 858 7,350,000.00 Grazing

Roodekopje 417 JQ (Abbas

Jeena Family) [Final Phase]


Villa Franca 680 IN (Tsolo,

Maine and Sehole Families) -

Amendment

2 2 0 3903 24,146,000.00 Not indicated

Witkop 475 IQ (Rabotapi

Family)


Langlaagte 828 HN (Mogale,

Vetho and Maine Families)



(Phase 8)

0 0 0 1903 15,069,728.20 Dry Land, Grazing and

Cattle Farming

Kookfontein 265 JQ (Mr Ahmed

Yusuf Bokhary) [LCC 37/08]



(Phase 4)

0 0 0 8232 44,753,695.00 Agricuture


(Phase 6)


Denmark 445 IN

(Kudungkgwane Community)

1 1 0 3679 20,572,211.00 Cattle Grazing

Dipati Community (Doornkop

166 IP)- Phase 2

0 0 0 302 2,228,709.80 Crop and Livestock

Production

Bakgatla Ba Mosetlha

Community (Phase 2)


Bakwena Ba Modisana Ba

Matlhaku Community (Phase 1)

0 0 0 1693 18,977,395.95 Game Farming and

Livestock Production

Buffelsfontein 465 JQ (Phase 2) 0 0 0 12 528,700.50 Agriculture

12 12 0 68004 349,683,982.89

NORTH WEST


years.

Claim

LIMPOPOCommission on Restitution of Land Rights



Overview

Since its inception, the Office has settled 4 026 land claims.

Amongst the most significant land restoration in the

province, since inception, are the Makuleke, Kranspoort,

Levubu Cluster of seven communities, Masakona, Ratombo,

Ravele, Shigalo, Tshakhuma, Tshitwani and Tshivhazwaulu;

Bjatladi (Zebediela Citrus), Moletele (Hoedspruit); Bela-Bela;

Bakgatla ba Mocha (Pankop); Ga-Mashung Matlala; Balepye;

Baphalane ba Ramokoka; Hwashi Difagate; Molekwa;

Modimolle; Batlhalerwa ba Shongoane; Nwanedi; Batlhabine

ba Mogoboya; Makgoba; and the Baphalaborwa tribes,

Makhushane, Maseke, Mashishimale and Selwane. The land

awarded to these communities consists of prime agricultural,

game farming, eco-tourism and mining land.

The restoration of this prime land has not only brought

about the reversal of spatial apartheid but also the reversal

of land ownership patterns in Limpopo province whereby

black communities now have full title to the subtropical fruit

basket, game hunting “mecca” and the future platinum

mining capital of the country. The bulk of this land is

currently being put to productive use under various

arrangements such as joint ventures and leases, thus

contributing to job creation and the country’s revenue,

through the Recapitalisation and Development Programme.

However, it should be noted that it has not been a smooth

ride to finalise claims in Limpopo. As in all provinces,

Limpopo has its fair share of land claims’ challenges.

The Office has faced challenges of inadequate supporting

documents for validation of claims due to the rural nature of

the province as well as the non-documentation of most of

the history of dispossession. This has led to reliance on oral

evidence, which takes much time to gather and it has led to

the second challenge of objections to the validity of claims

by current landowners which also adds to the slow pace of

finalising some of the claims. These objections lead to

referral of claims to the Land Claims Court for adjudication

and the court process is a lengthy one.

Another challenge has been the escalating property values

which lead to protracted negotiations before the properties

can be acquired. The last major challenge is competing

claims and conflicts amongst beneficiaries, which also adds

to the delay in finalisation of claims as well as the collapse of

some of the restored farms. However, despite all these

challenges, the Office has managed to mount a serious

effort in the reversal of the legacies of dispossession during

the year under review.

In the 2012/2013 financial year, the Office was able to spend

its entire allocated budget and settle 105 claims of which

104 are rural and one is urban. All the claims settled during

the financial year under review were for financial

compensation. However, a total of 24978 hectares was

restored at a cost of R272, 757, 013.30 in respect of phased

claims. The financial compensation awarded was R147, 074,

944.89. Amongst the claims that were finalised during the

year under review were the Baphalaborwa ba Maseke tribe,

Balepye and Tshifhefhe communities. The Minister has

identified these three communities for the piloting of the

Communal Tenure Wheel model. The province will be

pushing for the full implementation of this model of land

tenure in these three communities during the 2013/2014

financial year by means of collaboration between the

Restitution, Rural Enterprise and Industrialisation

Development (REID) and Rural Infrastructure Development

(RID) branches.

One of the efforts that the Office has made in the year under

review was to implement the Minister's promise to the

nation during his budget vote in 2012 about communicating

with land claimants and other stakeholders. Limpopo went

on a strong stakeholder engagement drive, whereby

feedback sessions were held with land claimants in all of the

province's five districts to update them about the status of

their claims. Furthermore, the province held feedback

sessions with traditional leaders, mayors and councillors in

four of the priority districts, during which the Deputy

Minister of Rural Development and Land Reform interacted

with the stakeholders. During the sessions, the Deputy

Minister was accompanied by the MEC for Agriculture in

Limpopo and officials from all branches in the department.

The province also held a feedback session with land owners

and the Deputy Minister was again in attendance. In all

these engagements, the Office communicated the

significance of marking the centenary of the Natives Land

Act 27 of 1913 and the department's progress in the reversal

of the legacy of this notorious legislation.


Limpopo Province during the period under review:

Balepye community claim

The Minister of Rural Development and Land Reform

approved the restoration of 11 farms, measuring

25,831.90 hectares, to the Balepye community at a

cost of R178, 001, 281.70. The community consists of 523

households with 1069 beneficiaries. Out of the 523

households, 227 are headed by women. The restored land

which is situated in the Gravelotte area is characterised by

game farming, eco-tourism and livestock farming. The

properties include the well-known Ndzalama Game Reserve.

In order to ensure sustainability of the restored land and

skills transfer to the community, the department, through its

Recapitalisation and Development Programme (RADP), has

appointed Mr Piet Warren, who is one of the previous

landowners and a reputable cattle farmer in the country to

serve as a mentor to the community to make the cattle

farming enterprise effective. It is envisaged that in time the

community will be integrated into the entire red meat value-

chain. The department has funding in terms of the RADP for

LIMPOPO



the acquisition of a herd of 650 cattle, farm implements and

upgrading of farm infrastructure. The community has

enlisted the assistance of Vumelana Advisory Fund for the

mobilization of investors in its game farming and eco-

tourism ventures. Lastly, the department is also piloting the

implementation of the Communal Tenure Wheel model in

this community through which the community will be

assisted to resettle on its ancestral land.

Bela-Bela community claim

The late Mr Matsaremane Andries Mabuela lodged a land

claim on 23 April 1998 on behalf of the Bela-Bela

community. The claimed land is situated in the scenic

Mabula area of the Waterberg District in Limpopo. It

includes the well-known Mabalingwe Game Reserve. The

Minister has since approved restoration of 6000 hectares of

land in favour of this community at a cost of R83, 134, 317.

The restored land includes the Bonwaphala Game Lodge

(www.bonwaphala.co.za) and several other properties used

for livestock and crop production. The restitution award in

this claim also included financial compensation to the tune

of R46, 346, 084 of which R18, 500 000 was equally shared

amongst 195 households consisting of 718 beneficiaries. The

Communal Property Association used R16, 000, 000 of the

remaining amount to acquire additional prime cropping land

under irrigation and the remaining funds were utilized for

the development of the restored land.

In the spirit of transforming the rural economy, the

department supported the community with grant funding to

the tune of R12 million which has been used to acquire

game, lodge furniture and equipment, a herd of bonsmara

cattle, tractors and other farming implements as well as

production capital. The community is running the cattle

farming, eco-tourism, game hunting and crop production

(seed maize and vegetables) through a partnership with Dr.

Dirk Snyman, who is one of the previous landowners. A total

of 70 people are employed permanently. The maize and

vegetable farming enterprise also employs 200 seasonal

workers on an annual basis. The diversity of enterprises

ensures productive and maximum utilization of the land

throughout the year.

One of the innovations and successes in this community is

the implementation of a community food programme,

through which each household receives a 10kg bag of maize

meal, 4kg of dry beans and 4kg of red meat every month

from the produce and proceeds of the farming venture. This

ensures immediate benefit and food security to the

community.

Ravele community claim

The Levubu subtropical valley is an area with fertile soil,

running natural streams hugging the perennial Luvhuvhu

River and lush vegetation. This is possibly why the residents

of the region were subjected to one of the most brutal of all

forced removals. This included the Ravele community which

was loaded onto GG-trucks and dumped more than 70

kilometers away from its ancestral land.

True to its commitment of restoring the dignity of the

majority of its citizens, the democratic government has

restored 649.1601 hectares of this tropical paradise to the

Ravele community of 324 households and 650 beneficiaries

at a cost of R41 000 000. The department supported the

community though grant funding for community farms

where avocados, macadamia nuts, bananas, citrus, litchis

and baby vegetables are being produced. Through the

support of the department and the Limpopo Department of

Agriculture, the project managed to emerge out of a failed

strategic partnership with the now-liquidated South African

Farm Management (Pty) Ltd (SAFM) four years ago, and turn

itself into a thriving and profitable enterprise under the

management of Mr Danie Basson as a mentor.

The project has 125 permanent employees of which 73 are

females and has an annual turnover of R14 100 000.

Currently the project has invested R5 000 000 of its profit in

an investment account and has allocated bursaries of R10

000.00 each to ten of its beneficiaries who are studying for

agricultural qualifications at various institutions across the

country. To crown it all, the project has received an award as

the top farm with the best macadamia nut crackout in the

whole of Levubu, beating even the most experienced

commercial farmers in the valley. This success is an example

of the successful reversal of the apartheid-era government’s

objective of subjugating the African people. The Ravele

community is now playing in the big league of commercial

agriculture in the country.

Moletele community land

The Minister has approved restoration of 10,000 hectares of

prime citrus and eco-tourism land situated in the Hoedspruit

area and bordering the Kruger National Park. The

department spent an amount of R242, 165, 110 in acquiring

the land on behalf of the Moletele community. The

community consists of 1615 households and 11367

beneficiaries.

LIMPOPO



This prime land boasts some of the best citrus, mango and

vegetable producing farms in the country. Due to the

massive nature of the farming enterprises found on the

restored land, the community was assisted to enter into

different kinds of business arrangements such as joint

ventures and leases with an option to take equity shares. The

community has two joint ventures, namely, Dinaledi Farming

Enterprise (Pty) Ltd and New Dawn Farming Enterprise (Pty)

Ltd, which produce export citrus. The Limpopo Department

of Agriculture sits on the Boards of Directors of the two joint

venture companies to support the community. The turnover

on all the farms is currently R152, 000 000 per annum and

1052 people are permanently employed. The department

has supported the community with grant funding to the

tune of R30, 865, 162.08 to-date to acquire farming

implements and to redevelop some of the orchards.

The department is already implementing the principles of the

Communal Tenure Wheel model in this community, whereby

a thriving commercial cattle farming group has emerged

amongst the beneficiaries and has been allocated part of the

restored land for grazing purposes. The community has

established its Communal Property Association (CPA) Office

on one of the restored farms and the office is fully staffed

with nine fulltime employees responsible for the CPA’s

administrative work and property portfolio management.

This was accomplished through the support of the business

trust which provided initial funding for the administrator’s

salary for a period of two years. A computer centre has also

been established at the CPA’s Office through the support of a

strategic partner in Dinaledi Farming Enterprise (Pty) Ltd.

Furthermore, the Maruleng Local Municipality has approved

350 residential sites on the farm where the CPA Office is

located for the purpose of resettlement of the community on

its ancestral land. Currently, the farm is a hive of building

construction activities as the beneficiaries begin the process

of re-establishing themselves on their land.

Baphalaborwa ba Maseke communityclaim

The Minister approved the restoration of 7504.6820 hectares

of game farming and eco-tourism land bordering the Kruger

National Park in the Baphalaborwa Local Municipality at a

cost of R159, 348, 142. In addition to the land restoration,

the Minister also approved a financial compensation award

of R120, 000, 000 of which R20 000 000 has been paid to

485 households and the remaining R100 000 000 will be

used for community development projects within Maseke

village where the claimants are currently residing under the

jurisdiction of Chief Maseke. The financial compensation

award was in respect of land that was not feasible to restore

due to over-capitalisation and high value developments.

The Minister has identified the Maseke Community as one of

three projects in Limpopo where the Communal Tenure

Wheel model is to be piloted. This has necessitated a

collaborative effort between the Restitution, Rural Enterprise

and Industrialisation Development (REID) and Rural

Infrastructure Development (RID) branches in the department

whereby REID has already completed the profiling of the

community’s needs through the use of members of the

National Rural Youth Service Corps (NARYSEC) as the first

step. During the community profiling process, 14 young

people from the Maseke Community were also trained and

employed to assist with the profiling.

The next step will be for RID and REID to facilitate the

implementation of infrastructure and enterprise development

projects respectively as informed by the outcome of the

community profiling exercise. The community and the

department have established an Investment Committee

under the leadership of Professor David Mosoma, who is one

of the beneficiaries, to oversee the utilization of the R100

000 000 whilst the department has the final say in

authorizing the spending of the money. The finalization of

the Maseke community land claim will change the face of

Maseke village which is presently characterized by abject

poverty and under-development.

Lishivha community claim

This community has received 1071.5109 hectares of game

and crop farming land. At the time of restoration of the

land, the Limpopo Department of Agriculture acquired farm

implements from the previous owners through the

Comprehensive Agricultural Support Programme (CASP) in

order to ensure continued production of cash crops

(vegetables) on the land. However, due to the lack of skills

amongst the beneficiaries the farm experienced major

setbacks until the department appointed a mentor by the

name of Jaco Steyn, to transfer skills to the community in the

disciplines of vegetable production. An amount of

R900,000.00 has since been approved in terms of the

Recapitalisation and Development Programme (RADP) to

establish a baby vegetable farming enterprise. To date, 8

hectares of baby vegetables, ranging from baby marrows,

patty pans and water melons have been planted. The

community is already selling its produce at the Tshwane and

Johannesburg Fresh Produce markets. It is envisaged that the

planted area will be expanded to 46 hectares by 2014. The

project has created 18 permanent jobs and by 2014 it is

envisaged that the number of jobs will increase to 60.

Batlhabine ba Mogoboya communityclaim

Kgoshi Sakia Ledikwa Mogoboya lodged a land claim on 10

October 1998 on behalf of Batlhabine tribe on various farms

in the fertile Letsitele Valley of the Greater Tzaneen Local

Municipality in the Mopani District, which is renowned for its

production of high-value subtropical fruit. The community

has received 11 farms, measuring 1730 hectares which cost

the State an amount of R50 374, 806. At the time of

restoration of the land, the Communal Property Association

(CPA) comprised of 210 households with 517 beneficiaries.

LIMPOPO



Of the 210 households, 135 are headed by women. The

farms produce mangos, bananas, litchis, paw-paws,

carambolas (star fruit), citrus, macadamia nuts and avocados

which are sold at the Tshwane and Johannesburg Fresh

Produce markets.

Unfortunately, due to lack of sufficient support after

restoration of the land, the farms experienced challenges of

declining production. However, through the department’s

Recapitalisation and Development Programme (RADP), an

amount of R12, 000, 000 has since been approved in favour

of the project on top of an initial amount of R4, 500, 000

that was utilized to acquire farm implements and as

production capital. A mentor by the name of Mr Bernie

Stopforth has been appointed to assist in turning the farm

around. An Operating Company named Ansie Rossouw

Investment No. 1 (Pty) Ltd, trading as Batlhabine Farms, has

been established to run the farming enterprise on the

restored land.

Batlhabine Farms is 100% owned by the CPA and has a

Board of Directors in the form of some of the beneficiaries.

The company currently has 180 permanent employees, of

which 70 are women. The company also employs 60

seasonal workers on an annual basis. In the true spirit of

cooperative governance, the Limpopo Department of

Agriculture, through its partnership with the KPMG firm of

auditors, enlisted corporate governance training for the CPA

Executive and the Operating Company’s Board of Directors in

order to ensure sound business management practices on

the farms. The Greater Tzaneen Local Municipality has

supported the project by deferring electricity payments in the

initial stages of the project in order not to squeeze the

project’s cash flow. Through the RADP funding, the project

has managed to settle all its electricity debts and is now in a

recovery phase.

In 2011, the project paid dividends of R500 to each of the

beneficiary households and it is anticipated that once the

farms are in full production and after the full implementation

of the RADP, payment of dividends will become an annual

occurrence. The RADP will bring about development of 141

hectares of bananas, 100 hectares of avocados, 20 hectares

of paw-paws, 30 hectares of citrus and 50 hectares of

pomegranates. This intervention will place the Batlhabine ba

Mogoboya community in the mainstream of the rural

economy in the longer term.



Target Actual











Total 104

Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Seruwane Community 1 1 0 250 8,730,750.00 Financial Compensation

Ntsima Community Land Claim

(Phase 1)


Newlands Individuals (Phase 2) 25 25 0 0 1,366,250.00 Financial Compensation

Khubvi Community 1 1 0 0 2,513,900.00 Financial Compensation

Njakanjaka Community Claim 1 1 0 0 4,645,250.00 Financial Compensation

Mabula-Mosima Community

(Phase 5)

0 0 0 1165 7,400,000.00 Agriculture

Barend Johanes Venter 1 1 0 0 42,079.19 Financial Compensation

Bahlakwane Ba Rantho

Community (Phase 2)

0 0 0 2593 9,593,688.00 Agriculture

Mogodi-Letlapeng Community

(Phase 1: Addendum)

0 0 0 0 1,400,000.00 Not applicable-addendum


LIMPOPO

Claim

Strategic Objective



Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Lomondo Individuals 58 58 0 0 3,169,700.00 Financial Compensation

SM Letsoalo Land Claim

(Phase 1)

0 0 0 649 29,444,049.00 Agriculture and

Residential

Bolahlakgomo Community

Land Claim [Addendum Phase

1&2]


Matabane Community

(Phase 2)

0 0 0 99 3,162,245.60 Game Farming

Makgato Tribe (Phase 2)-

Addendum

0 0 0 0 916,000.00 Not applicable-addendum

Muhovha: Tshifhefhe

Community (Phase 3)

0 0 0 462 5,000,000.00 Agriculture

Balepye Community (Phase 5) 0 0 0 1867 13,068,428.00 Game Farming and Eco-

Tourism

Ba Phalaborwa Ba Maseke

Community (Phase 2)

0 0 0 6648 214,648,142.00 Agriculture

Molekana Community

(Phase 2)


Maraba Tribe (Phase 1:

Addendum)

0 0 0 0 892,584.70 Not applicable-addendum

Moletele Community Land

Claim (Phase 6)

0 0 0 2758 60,500,000.00 Agriculture

N.C.J van Zyl 1 1 0 0 1,289,037.00 Financial Compensation

Mulungufhala Community

(Phase 1)

0 0 0 5694 0.00 Agriculture

Bakgatla Ba Mocha Community

(Phase 5)

0 0 0 844 7,811,509.00 Agriculture

Batlhalerwa (Shongoane)

Community (Phase 4)

0 0 0 1315 13,070,685.00 Game Farming

Mphela Land Claim [Court

Order -CCT42/07]

0 0 0 272 3,300,000.00 Game Farming

Makgwaraneng Community

(Phase 2: Additional Funds)


Mampuru Community Land

Claim [LCC10/2012]- Additional

Funds


Dithakone Community

(Phase 1)

0 0 0 171 0.00 Agriculture

Bakwena Ba Kopa and

Mampuru Community (S42E)

0 0 0 103 1,200,000.00 Agriculture

Bakwena Ba Mohlabetsi

Community (Phase 2)

0 0 0 45 565,000.00 Agriculture

Dutja Family 1 0 1 0 2,142,978.70 Financial Compensation

Ramphabana Tribe Land Claim

(Phase 1)

0 0 0 43 1,170,000.00 Game Farm and Citrus

105 104 1 24978 423,324,258.19

*where the number of claims settled is zero, the claim is a part settlement that had been counted and captured in the

previous reports.

*the amounts approved were additions to already approved amounts, following the rejection of earlier agreements by current

owners of the claimed land. The number of hectares involved in these projects was already captured in previous reports.

LIMPOPO

Claim

MPUMALANGACommission on Restitution of Land Rights



MPUMALANGA

Overview

A decade ago the office of the Regional Land Claims

Commissioner Mpumalanga reported settlement of three

land claims in the financial year 2001/2002. Over the

subsequent years as the administrative settlement of land

claims took root and there was reduced dependency on the

court route, increased numbers were achieved.

A significant jump in the land claims settled in Mpumalanga

was witnessed from the year 2006 to the year 2012. It was

during this period that the Greater Tenbosch community

land claim was settled. The settlement resulted in more than

44000 hectares of land being restored to four communities

that formed part of the Greater Tenbosch land claim.

Government spent more than R100 000 000 to acquire this

prime agricultural land.

Each financial year the Mpumalanga office managed to

register an achievement of more than 50 land claims a year

with a record settlement achieved in 2007 of more than 200

land claims settled. One of the prominent urban land claims

is the Mbombela land claim; it was settled through financial

compensation. The claim was one of the most challenging

claims the office had to settle. Government however

continued in its effort of ensuing that this claim is settled,

more than R100, 000, 000 has been spent for financial

compensation. For the year 2012/2013 the office of the

Regional Land Claims Commissioner had a target of 40

settlements of new land claims. This target was exceeded

when the office managed to settle 47 new land claims. The

office also managed to finalize 22 backlog land claims in this

financial year. Of the 69 land claims settled 30 were financial

compensation and 39 were land restoration. The approved

submissions benefitted 3,489 households and a total of

11727 beneficiaries. The claimants who received land

restoration acquired a total of 27 493 hectares.

The land claims settled without any hectares transferred are

financial compensation claims. Among these claims settled

are the three claims whose stories are narrated in a detailed

article.

The target for acceptance report produced by the office was

80, covering all the districts in Mpumalanga. The office

managed to produce 82 research reports but only received

approval for 33 from the Regional Land Claims

Commissioner before the end of the financial year. The

claimants whose claims were validated were verified through

an in-house verification process which yielded 30 verification

reports. There are complex rural land claims whose

investigation was outsourced to competent service providers.

Those claims have not been accounted for since many of

them had not completed their research by the end of the

financial year. During this financial year the office spent the

entire budget allocated to it.

The model agreed upon with Mondi is beginning to yield

some results with the settlement of the Emabovini land claim

which is the first in Mpumalanga. On approved conservation

claims progress has been registered with the signing of co-

management agreement and training of beneficiaries by the

Mpumalanga Tourism and Parks. An agreement has been

reached with Anglo American to conduct further

investigation through the appointment of an independent

researcher to determine whether the claims on mines comply

with the requirements for restitution. The investigation is

earmarked for completion in the next financial year. In

Mpumalanga the land claims that are outstanding are

concentrated mainly in Ehlanzeni and Nkangala district, with

Gert Sibande district having the lowest number of

outstanding land claims.

The Mpumalanga Regional Office is dedicated to reversing

the legacy of the 1913 Natives Land Act. The following are

the highlights of claims settled in the Mpumalanga Province

during the period under review:

Champagne Farm

The land claims were initially lodged by Mrs Bonie

Mohlabine, Mr Joseph Nxumalo, Mr Mashego PR and Mrs

Phoku AD on behalf of the Champagne community

consisting of the originally dispossessed individuals, some of

whom had passed on, and also their direct descendants. The

Regional Land Claims Commissioner in the province found

the land claim to be valid.

The Champagne community occupied the land under claim



MPUMALANGA

since the beginning of the 20th century and enjoyed

customary ownership and use rights on the land. The

community used to live under the leadership of Chief Ben

Mashego.

According to oral evidence given by the claimants, a Mr

Travers arrived on the land in the 1930’s and immediately

turned the community into labour tenants. This did not

augur well for the community as it gradually eroded their

rights in their land. Travers began to establish a citrus

plantation on the land and forced the community to provide

labour for free in lieu of a right to continue living on the

land. Physical eviction became an order of the day as some

members of the Champagne community refused to be

turned into labour tenants and were issued with trekpasses

to vacate the land by Mr Travers if they did not want to work

for the landowner. The claimants recall incidents of fierce

resistance over labour tenancy, which culminated in the

incarceration of some of them at Bushbuckridge.

In 1948, the South African Development Trust (SADT)

acquired the farm Champagne 230 KU from Mr Travers in

terms of the Development Trust and Land Act No. 18 of

1936 in order to include it into the release area set aside for

occupation by blacks as also articulated in terms of the

provisions of the Native Land Act 27 of 1913. The SADT

established the Champagne Citrus Estate on a portion of the

farm Champagne 230 KU as part of previous government

irrigation schemes aimed at creating jobs in the homelands

in order to discourage the movement of blacks from

homelands to urban areas. Champagne Citrus Scheme

overlapped onto a small portion of the farm Rooiboklaagte

215 KU.

The restored farm Champagne Citrus Project is located in

Bushbuckridge Local Municipality in Ehlanzeni Local

Municipality. The farm is 3341 hectares, of which 400

hectares has irrigation infrastructure, and about 60 hectares

is under mango trees. The land has been transferred to a

Communal Property Association (CPA) as a land holding

entity called Champagne. The restored farm has 302

beneficiaries and 302 households.

The department through its Recapitalisation and

Development Programme has injected R19.6 million towards

infrastructure development and refurbishment of the farm.

This was provided per the business plan in place. This has

achieved an improvement in the irrigation equipment and an

increase in the capacity of the dam that is relied on for

irrigation purposes. The state of the farm buildings has

improved significantly; walls have been rebuilt and given a

fresh paint. The toilets and other facilities inside the house

have been fixed and are fully functional. The managerial

houses have also been attended to with the air conditioning,

wall painting and doors fixed and in good working

condition. While grading and packing house are intact, the

equipment requires routine seasonal maintenance and this is

being carried out as and when it is required.

The farm has been newly fenced and no stray animals can

access the crops. Some of the ageing mango trees have been

cut down and new trees were planted. The yield from the

farm has significantly improved with the purchase of all

required input materials. The citrus orchard is yielding good

quality crop that is exported to Mozambique and other

regional markets. Application has been made for

accreditation with Eurogap so that the produce can be

exported to the European markets.

A mentor by the name of Bruce Andrews is assisting

members of the CPA committee and beneficiaries who have

been employed to make the farm productive. The funds that

have been invested in this farm will be sufficient to sustain it

without further capital injection. The beneficiaries are

currently receiving training that will enable them to manage

the farm without external assistance. The assistance of the

Department of Agriculture in the management of this farm,

prior to the appointment of a mentor, was phenomenal.

Mbuyane community claim

Mr Zankosi Tshutshu Mbuyane lodged a claim on 31

December 1998 on behalf of Mbuyane community. The

claim was lodged before the closing date for lodgement of

claims, i.e. 31st December 1998. The land claim was

considered acceptable for the following reasons:



The communities have been on the properties since 1918

and their livelihood was dependent on livestock range

farming with some areas under crop farming. The properties

were occupied by the communities as one unit long before

they were surveyed and demarcated into various farms. The

dispossession was effected during the period of 1950 -1971

by white landlords backed by an array of racially motivated

laws and government personnel who could be relied on.

They would blindly and enthusiastically carry out the eviction

of those who would not work on the farm at the invitation

of the landowner. The dispossession was ostensibly

legitimised by Chapter 1V of the 1936 Native Land and Trust

Act.

Rights lost by the community were beneficial occupation for

a continuous period of not less than 10 years. The

community suffered immensely as libation to their ancestors

was compromised and they also lost their language rights in

the process. Their subsistence farming was eroded; they lost

their rights of unlimited use of land to support their families.

They lost grazing residential and agricultural rights as they

had used the land for agricultural purposes, this included

crop farming and rearing of livestock for household activities

which provided both for their own subsistence and source of

income.

The property restored to the Mbuyane community is the

remaining extent of the farm. The ranch 66 JU, remaining

extent of portion 16 of the ranch 66 JU, portion 17, 24, 28

of the ranch 66 JU, portion 21 (a ptn of ptn 8) of Blinkwater

101 JU, remaining extent of agricultural holdings 141, 181

and 187 JU. The property is situated in Ehlanzeni district

under the Mbombela Municipality. All this land was restored

to the community. A total of 1761 hectares of land was

awarded to 2500 beneficiaries of the Mbuyane community.

The total number of verified households amounts to 302,

112 are female-headed households. The current total

number of beneficiaries constitute the verified originally

dispossessed and the real direct descendants of the originally

dispossessed individuals. The community has chosen a

Communal Property Association as a land holding entity, and

called it Amambayi.

The old order grants policy of the department indicates that

the Mbuyane community qualifies for approximately R7,

000, 000 in capital injection. However, the business plan that

was produced through the Recapitalization and

Development Programme indicates that the farm requires

close to R20, 000, 000 of capital injection to be fully

productive.

The farm is located in an area that receives adequate rainfall

to venture into different types of agriculture. It has irrigation

infrastructure that has been revitalized to continue

producing subtropical fruits such as bananas and citrus as

well as Macadamia nuts. The injection of R19,2 million was

used mainly to revamp the broiler-making infrastructure

which includes an abattoir for chicken meat production and

processing. A strategic partner has been appointed to work

with the beneficiaries of Mbuyane Community. This has

MPUMALANGA



resulted in 174 hectares of land being set aside for broiler-

making. It is envisaged that the capital that has been

injected so far will ensure future sustainability of the project.

On this land three chicken houses were built from scratch

and four dilapidated chicken houses where renovated. All

the chicken houses are well equipped to cater for all the

needs of the day old chicks up until they are grown chickens.

An abattoir that is built on the farm is well equipped and will

be central in assisting other projects in Mbombela

Municipality to process their meat.

The strategic partner is providing training to employees of

the farm who are mainly beneficiaries of the restitution

claim. The training provided is specifically geared to poultry

production and management. The broiler project is a most

successful project. It has already secured a market through

sale of meat to local restaurant Galitos and supermarkets

such as SPAR.

Nomkhombe community claim

The Mpumalanga provincial office received eight claims

against the farm Enkeldoorn 214 JS and one claim on

Sterkloop 354 JS. The claimants on Enkeldoorn 214 JS

indicated during research that they would like to form one

legal entity called the Nomkhombe Communal Property

Association (CPA). Nomkhombe is the name of the “Koppie”

situated on the western side end of this farm. This profile

also includes the Masimula family who lodged a land claim

against Ptn 2, 8 and 10 of the farm Sterkloop 352 JS.

The Regional Land Claims Commissioner considered this

claim acceptable for the following reasons:

A Mr Van der Walt was one of the first white farmers who

came to reside with the Nomkhombe community at

Enkeldoorn 214 JS. On his arrival he told these families that

the farm was under his ownership. The claimants indicated

that they had cattle, goats, sheep and they farmed with

crops for them to survive. Mr Van Der Walt used to borrow

their (claimants’ grand-parents) cattle when he was

ploughing. All the black families began to work for Mr Van

Der Walt and other white farmers who later came to reside

on this farm. Mr Van der Walt, with time started to allocate

each family a piece of land on which they could plough the

crops. They were further allocated a piece of land where the

blacks could communally graze their livestock.

These families lived with Mr Van der Walt until 1950 and he

was succeeded by Mr Koos Joubert who was succeeded by

his son in-law Mr Van Wyk in 1968. Mr Van Wyk

implemented a “ronde-wiel” method of working. Blacks

living on this farm were forced to work without pay for 12

months and each family was given a bag of mealie-meal per

month. This measure was implemented as the new condition

for their stay on the farm. The white farmers also ordered

blacks to reduce their livestock to ten heads of cattle per

family. Those who failed to comply were issued with “Trek-

MPUMALANGA



passes”; notices ordering them to leave the farm and go to

places designated for black settlement.

The forced removal from Enkeldoorn occurred between 1968

and 1971. Most of the removed families went to

KwaNdebele and some to Monsterlose. Those who refused

or delayed their move from the farm, as they had nowhere

to go, were forcibly removed by the police from Laersdrift

police station.

The Regional Land Claims Commissioner, Mpumalanga

conducted in-house claimant verification. 69 households

with 152 beneficiaries were verified for the Nomkhombe

CPA. The Masimula family was also verified and found to

have 10 households with 21 beneficiaries. The total number

of households is 79 of which 20 are female-headed. The

total number of beneficiaries is 173.

Total hectares for the Enkeldoorn 214 JS restored to the

community is 1 945.255, and the total hectares for the

Sterkloop 352 JS is 887.2823. The total size of land handed

over is 2 832.5373 hectares. The land is currently used for

crop and livestock farming, and it has been irrigated with

centre pivots and drag lines. The total value of the claim is

R31, 800, 000, 000

Malelane community claim

While failure rates of land claimants are high, the Malelane

beneficiaries in Mpumalanga are an exception and have

made good use of the land bought for them by the

government.

In June 2007, the then-Minister of Agriculture and Land

Affairs, Lulu Xingwana, handed over the largest parcel of

land in the history of South Africa’s land restitution process,

to four communities in Malelane. It was 32 000 hectares of

highly commercial sugar cane farming land valued at R1 000

000 000, and was handed to the Tenbosch communities.

This was followed by a hand over of two pieces of equally

rich land to other communities, the last of which was in July

in the same year.

Failures in land reform have largely been due to the

beneficiaries’ lack of finances to run the operation and a lack

of know-how. Thanks to TSB, a major sugar cane processor

in South Africa, the Malelane beneficiaries did not fail. Chief

Executive John du Plessis says the company was actively

involved in post settlement solutions and helped the

beneficiaries develop sustainable business models for

cultivating the sugar cane. As a result, the beneficiaries are

now enjoying the flow of benefits from the TSB joint

ventures, valued at about R100, 000, 000 in five years.

The sugar cane farms owned by the beneficiaries in the

Nkomazi region covers about 67 percent of the total cane

area of 49 598 hectares. “Du Plessis said TSB scaled down its

ownership of agricultural land, which now stands at 1 538

hectares, in order to concentrate on milling sugar cane. It

now leases the sugar cane farms from the beneficiaries, who

benefit from the rent paid. Dividends are also paid to the

community trusts or Community Property Associations that

have been set up by the communities.

TSB provides technical support to the joint ventures. This

entails technical audits, technical and operational support,

project management, new technology reviews, new

developments and a focus on service delivery.

The joint ventures also offer jobs to members of the

beneficiary communities and they offer enterprise

development. In addition, TSB provides training and skills

development. Harvesting, which is labour intensive, is also

outsourced. The harvest is 108 tons a hectare on average.

The joint ventures also have a corporate social investment

programme that offers bursaries for agricultural training.

Each joint venture has eight board members, four from TSB

and four from the community and the chairmanship rotates

every two years. Akwandze Agricultural Finance was

established in 2006, (TSB is a 50 percent shareholder), to

ensure easy access to credit for sugar cane growers,

especially those in communal land tenure. Its share capital is

R25 000 000, of which R10 300 000 was a donation from

the South African Sugar Association. The other 50 percent in

Akwandze is held by the Ligugulethu Co-operative. Roger

Armitage, the Chief Executive of Akwandze, says there are 1

200 small-scale growers and land claimants in the area and

at least 10 percent of this small growing area requires

replanting annually, or a portion is out of production or

produces sub-economically. All growers can be members of

Ligugulethu and obligatory shares are based on R1 000 a

hectare up to a maximum of R8 000. Ligugulethu has 897

members, who are all small-scale growers.

Akwandze administers multimillion rand funds for loans

from the government or government agencies to sugar cane

growers. There is a rigorous loan application assessment,

including three credit committees. There is a controlled loan

disbursement, a random monthly loan monitoring and pre-

and post-harvest inspections triggered by information

systems. Government loans have contributed a 30 to 40

percent increase in the yields of small-scale growers;

increased the incomes of growers, and brought significant

economic upliftment to the region.

MPUMALANGA





Target Actual











Total 7


Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Hlaping (Elandsdoorn A)

Community


Mngomezulu Family 1 1 0 0 1,555,000.00 Financial Compensation

Champagne Community

(Phase 2)

0 0 0 0 2,240,650.00 Agriculture e.g bananas,

mangoes, macadamias,

game

Daantjie Community Land

Claim [Mpakeni-Mlegeni CPA]

(Phase 1)

0 0 0 848 29,430,000.00 Cattle Grazing and Eco-

Tourism

Stageng Community (Phase 1) 0 0 0 857 1,900,000.00 Grazing

Marhole Community Land

Claim (Phase 1)


Masilela Family Claim 2 2 0 0 3,689,498.00 Private Nature Reserve

Mamarumo Community Land

Claim (Phase 3)

0 0 0 75 1,450,000.00 Cultivated Land and

Natural Grazing

Nkosi & Maseko families

(Phase 1)


Sandford Community Trust:

Court Oder


Zwane Family (Mshiyeni Trust)

Rural Land Claim


Mthimunye Family Claim 1 1 0 1710 10,501,474.00 Not indicated

Morwalemong Community

(Phase 2)

0 0 0 54 470,000.00 Natural Grazing

Masemula family claim 1 1 0 86 900,000.00 Sugar cane and Grazing

Brown Community Claim

(Phase 2)

0 0 0 100 3,964,750.00 Livestock Farming and

Cropping

Mashinini Family Land Claim 1 1 0 1215 14,500,000.00 Financial Compensation

Mahlangu Family Claim 1 1 0 0 1,759,571.00 Financial Compensation

Mahlangu Family Claim 1 1 0 0 1,701,102.00 Financial Compensation

Molekwa Family Claim

(Addendum: Marble Hall/ Old

Vuka)

1 0 1 0 38,146.70 Conservancy

Daantjie Community Land

Claim [Mpakeni-Mlegeni CPA]

(Phase 2)


Mashiyane Family Claim 1 1 0 0 1,515,069.00 Eco-Estate

MPUMALANGA

Claim

Strategic Objective



Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Letswalo Family Claim 1 1 0 122 3,483,060.00 Agricultural and

Residential

Magedvula Tribal Authority

(Phase 1)

0 0 0 482 4,698,000.00 Crop Farming and

Livestock Farming

Nkosi and Magagula Family

Land Claim


Vilakazi Family Claim

(Addendum)

0 0 0 0 1,907,000.00 Cattle Grazing and Eco-

Tourism

Stageng Community Land

Claim (Phase 2)

0 0 0 2032 17,200,000.00 Mining

Ga-Mawela Community

(Court Order)


Nkonde Family Claim 1 1 0 0 882,000.00 Forestry and Agriculture

Wales Community (Phase 2) 0 0 0 1009 0.00 Livestock Farming

Geluk Community Claim

(Phase 1)


Sibiya Family Claim 1 1 0 0 877,550.00 Forestry, Agriculture and

Eco-Tourism

Injaka-Waterval Community

Land Claim (Phase 1)

0 0 0 4338 0.00 Game Farming


(Phase 3)

0 0 0 110 2,000,000.00 Grazing


(Elandspruit 291 JS)

2 2 0 430 4,128,216.00 Dry Land and Grazing

Masimula and Skosana Familes

(Phase 1)

0 0 0 252 2,200,000.00 Dry Land and Grazing

Nomkhombe CPA (Phase 1) 0 0 0 1201 9,800,000.00 Financial Compensation


(Vanggatfontein 251 IR)


Vilakazi Family Claim

(Middelbult 284 IS) -

Addendum



(Weltevreden 324 JS)

1 1 0 0 2,147,000.00 Maize Cultivation and

Grazing

Marhole Community Claim

(Phase 2)



(Zondagsvlei 9 IS)


Mavimbela Family Claim 1 1 0 0 1,579,700.00 Livestock and Crop

Faming

Mthimunye Family claim 1 1 0 1042 10,900,000.00 Irrigation, Dry Land,

Grazing and Planted

Grazing

Nomkhombe CPA (Phase 2) 0 0 0 1631 22,000,000.00 Grazing and Planted

Pastures

Zamokhule Community Claim

(Phase 1)


Motloung and Mokwena

Families Claims


Masombuka Family Claim

(Leeuwpan 246 IR)


MPUMALANGA

Claim



Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Mgidi Family Claim

(Rietkol 237 IR)

1 1 0 0 535,021.32 Not applicable-

addendum

Elandslaagte 368 JS (Makalane

CPA): Amendment

0 0 0 0 1,062,762.70 Not applicable-

addendum

Mabelane Community (Phase 2:

Additional funds)

0 0 0 0 4,562,615.00 Bushveld and Dry Land

Kalomshiyo Community and

Cwabe Family (Phase 3)

0 0 0 487 2,640,295.00 Pastures and Natural

Grazing


(Final Phase)

0 0 0 95 2,140,000.00 Timber Plantation and

Grazing

Madlangeni Community Trust

(Mbuyane Community)


Motsepe Family Claim 1 1 0 0 432,359.28 Financial Compensation

Malinga Family Claim 1 0 1 0 400,590.91 Financial Compensation

Mthimunye Family and Others

(Phase 1)


Mthsweni Family Claim

(De Krans Van Blesbokspruit

30 IS)


Mabena Family Claim

(Klippoortjie 32 IS)


Makhanya Family Claim 1 1 0 0 2,652,877.00 Financial Compensation


(Droogefontein 242 IR)


Mshadza Family Claim 2 2 0 0 819,750.00 Agricultural Farming

Lekhuleni Land Claim (Phase 3) 0 0 0 55 5,600,000.00 Financial Compensation

Motha Family Claim 2 2 0 0 1,310,000.00 Livestock Grazing

Masombuka Family Claim



Buda Family Claim 1 1 0 0 2,187,535.80 Financial Compensation

Ngomane Family Claim 1 1 0 0 5,462,430.50 Not applicable-

addendum

Cindi and Sebeko Families Claim

(Addendum)

0 0 0 0 3,193,004.00 Eco Tourism, Lodge and

Agriculture

Sanford Land Claim (Phase 6) 0 0 0 27 3,143,776.00 Eco-Tourism and Forestry

Plantation

Manzimhlope families 1 1 0 123 16,564,614.00 Livestock Farming

Nhlapo Family Land Claim 1 1 0 459 4,070,000.00

47 45 2 27493 329,824,389.50


years.

MPUMALANGA

Claim

WESTERN CAPECommission on Restitution of Land Rights



Overview

The province has managed to settle 198 new land claims

and finalise 35 claims in the year under review. Some of the

highlights in Western Cape of the year under review are as

follows:

District 6 claim

In very few places are the effects of dispossession so

physically evident as in Cape Town, where the scar of what

was once District 6 greets locals and tourist alike every day,

as they travel in and out of the City. The collection of

individual claims which makes up District 6 has not been

easy to resolve. There have been competing interests, cul de

sacs and dead-ends, together with serious political and

economic challenges. The end result has been a profound

weariness amongst the claimant community (and indeed the

general public) and a serious disbelief that the matter will

ever be settled.

The Minister of Rural Development and Land Reform, Mr

Gugile Nkwinti, has therefore, over the past year, taken a

hands-on personal interest in the finalisation of the claims of

this iconic restitution area. Dealing directly with all of the

claimants has been the key to the success. The Minister has

met with all District 6 claimants on three occasions during

the course of the year and a way forward has been produced

which is likely to become a model for finalisation of this kind

of claim throughout the country:

l A Reference Group, consisting of claimant-selected

members has been set up, which meets weekly, to chart

the way forward. This Reference Group has, as strategic

partners, department and the District 6 Beneficiary Trust.

l An inter-departmental Technical Steering Committee,

consisting of all the major governmental stakeholders also

meets weekly, to ensure technical implementation across

all three spheres of government.

l The centrality of the claimants is a principle which is

maintained at all levels. It is their needs and choices which

are taken as primary directives in the development.

l A task team, consisting of the political principals, claimant

representatives and other stakeholders is the decision-

making body for the development as a whole.

The intention is to return all claimants to District 6 by the

end of 2014. To date, 124 houses have been completed in

two pilot phases, and these were developed under the

auspices of the District 6 Beneficiary Trust.

Protea Village community claim

The Protea Village claim has been awarded land in one of

the most beautiful and sought-after areas of Cape Town. The

setting and sensitivity of the area has seen heated

contestations with some of the existing residents of the area.

The tragedy of this claim, from the perspective of the

Regional Land Claims Commissioner and the claimants

WESTERN CAPE



themselves, was that the matter was kept in court for four

fruitless years by a resident with objections to the claim. The

appeal has now lapsed and the work to finalise this claim is

now going ahead at full speed. This needs to be seen both

as a major victory for the claimants, but also as a major

opportunity to bring the residents of the area into the overall

vision for the development process, so that they too can

understand the direction which the claimants are wanting to

take.

Luyolo community claim

The Luyolo claim, near Simonstown, has both development

and financial components to its settlement. The development

aspects are expected to be resolved within the next financial

year. During the year under review, financial vouchers to the

value of R13, 881, 100.00 were paid out to 254 claimants at

a joyous event in Guguletu at the Luyolo Community Hall, on

02 June 2012.

Emavundleni community claim

During this financial year, the provincial Regional Land Claims

Commission settled two Phases in this claim, i.e Phase Two

consisting of 330 Households amounting to R18, 034

500.00 and Phase 3 consisting of 47 Households amounting

to R2, 568, 550.00. A total of R20, 603, 050.00 has been

spent on this community claim benefitting 377 households,

consisting of more than 800 beneficiaries.

Claremont community claim

The City of Cape Town has made available land which the

Regional Land Claims Commission has negotiated to buy at a

reduced price (the Bowwood Road Bowling Club), in the

interests of finalising this claim. Again, it is a claim which has

come a fairly long and rocky road, but it is now at a point

where finalisation is within sight. A business plan has been

finalised and claimants were taken through a detailed

interactive process to get to this point. The business plan is

now awaiting implementation.

Constantia community claim

Another claim which has reached a major milestone during

the course of this year is the Constantia group claim, which

now has a completed and accepted business plan. The plan

will see many former residents returning to live in Constantia

and to benefit from the developments. The resident

associations in the area have worked closely with the

claimant community to ensure the best possible solution for

all concerned.

The Western Cape has mostly claims for financial

compensation. These are often claims with a very low

monetary value. Even so, it takes the same amount of effort

and attention to detail to settle a claim, whatever the value

of the claim. The Regional Land Claims Commissioner is thus

justifiably proud of the large number of claims which were

settled during this financial year. The increase was achieved

despite the fact that Deeds information was unobtainable for

many months, due to the fact that the Deeds office was

undergoing electronic scanning upgrades as well as the fact

that new requirements for historical valuations for each

claim became the standard research procedure.

WESTERN CAPE



WESTERN CAPE



Target Actual











Total 35


Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Tygerberg 10 (Urban Claim) 10 0 10 0 687,480.00 Financial Compensation

Fortuin Family Claim 1 0 1 0.6498 0.00 Residential

Christian Evangelical Church

(Urban)


Independent Dutch Mission

Church of South Africa (Urban)


Independent Lutheran Mission

Church of South Africa (Urban)


Wynberg Seventh-Day

Adventists Church Claim

(Urban)


Uniting Reformed Church Claim

(Urban)


South Peninsula (7) Urban 7 0 7 0 538,960.00 Financial Compensation

Hajwanai Individual Claim

(Urban)


The September Family Historical

Valuation Claim


Ahrens Family Historical

Valuation Claim (Urban)

1 0 1 0 1,100,459.26 Finacial Compensation

Kherekar Families Urban Claims 2 0 2 2 0.00 Not indicated

Bosman Family Historical

Valuation (Urban) Claim


Kensington (7) Urban Claims 7 0 7 0 518,710.00 Finacial Compensation

Northern Suburbs urban claim:

5 ownership claims

5 0 5 0 383,260.00 Finacial Compensation

District Six (9) Batch 9 (Urban) 8 0 8 0 677,200.00 Finacial Compensation

Luyolo Community Claim

(Urban)- Phase 3


Wellington 3 (Batch 2) Urban

Claims

3 0 3 0 200,360.00 Finacial Compensation

Emavundleni Community Claim

(Urban)- Batch 3


Wellington 3 (Batch 1) Urban

Claims


Langebaan 2 (Urban) 2 0 2 0 228,120.00 Financial Compensation

Worcester (2) Urban Claims 2 0 2 0 109,300.00 Financial Compensation

Claim

Strategic Objective



Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

Patience Family (Urban) 1 0 1 0 64,650.00 Financial Compensation

Gert Johannes Redelinghuys

Family Claim (Urban)


Flandorp Family Trust Claim

(Urban)

2 0 2 2 0.00 Residential

Hout Bay Community (Phase 2) 0 0 0 0 7,377,750.00 Financial Compensation

Grand Lodge of the Order of

Free Gardeners Historical



Wiid Family Historical Valuation

(Urban) Claim


Prince Alfred Hamlet, Anglican

Church Tenants (Urban) Claim


Adams Family Historical



Pharo Family Claim Historical

Valuations (Urban)


The United Reformed Church

(Urban Claim)


Clanwilliam Community Claim

Urban and Peri Urban Claims

(Phase 1)


Rhese Family Historical



Kraaibosch Group Claim

(Phase 1)


Lucille Chrystal Domburg 1 0 1 0 12,000.00 Vacant land

Klawer (2) Churches Urban

Claims

0 0 0 10 23,743.34 Vacant land

The Dutch Reformed Mission

Church (Urban Claim)


Engelbrecht Family Claim

[Historical Valuation (Rural)]


Coaton Family Historical



Gouda 16 Group Claims Urban 16 0 16 0 1,461,760.00 Financial Compensation

Singh Family Historical

Valuation (Urban) Claim


Gwedoline Susan Martin Family

Claim


Northern Suburbs (7) urban

claims


Northern Suburbs Development

Group Claim (Batch 1)

56 0 56 0 0.00 Residential and

Commercial

Theunissen Family (Urban) 1 0 1 0 180,000.00 Financial Compensation

South Peninsula 1 1 0 1 0 120,000.00 Financial Compensation

WESTERN CAPE

Claim



Claim No of

Claims

Settled

Claim Type Hectares

awarded

Total cost of

award

Land Use

Rural Urban

The Hanief Family Individual

Claim ( Urban Claim)

1 0 1 0.0274 450.00 Not indicated

Northern Suburbs (2) urban

claims


Goodwood 2 (Urban) 2 0 2 0 206,760.00 Financial Compensation

Daniels Claim (Urban) 1 0 1 0 655,800.00 Financial Compensation

Ladies Mile Constantia 6

Families

6 0 6 6 5,802,212.00 Unserviced Land

Hout Bay Community Claim

(Phase 3)


198 1 197 50.7577 60,303,520.76


years.

WESTERN CAPE

Claim

PART 3SUMMARY OF SETTLED RESTITUTION CLAIMS




SETTLED RESTITUTION CLAIMS FOR THE PERIOD: 01 APRIL 2012- 31 MARCH 2013

Province Rural Urban Dis-

missed

HHs Benefi-

ciaries

FHHs Hec-

tares

Land cost Finan-cial

Compen-sation

Grants Total award

Development RSG

Eastern

Cape

27 26 9 4767 27161 2284 829 0.00 298, 350, 380.36 0.00 0.00 298, 350, 380.00

Free State 3 2 2 1081 5356 506 3293 19, 035, 212.05 81, 296, 081.46 0.00 0.00 100, 331, 293.51

Gauteng 12 106 0 286 1488 129 586 6, 800, 887.00 37, 055, 319.00 0.00 0.00 43, 856, 206.00

KwaZulu-

Natal

50 11 0 4454 25865 1372 62644 723, 759, 944.18 136, 636, 586.82 0.00 0.00 860, 396, 531.00

Limpopo 104 1 17 1465 3818 421 24978 272, 757, 013.30 147, 074, 944.89 3, 492, 300.00 0.00 423, 324, 258..19

Mpuma-

langa

45 2 1 3489 11727 1719 27493 258, 525, 047.75 71, 299, 341.75 0.00 0.00 329, 824, 389.50

Northern

Cape

1 2 2 1576 8691 712 8089 18, 279, 789.00 88, 245, 946.00 0.00 0.00 106, 525, 735.00

North West 12 0 1 5769 24161 2743 68004 270, 961, 749.06 78, 722, 233.33 0.00 0.00 349, 683, 982.89

Western

Cape

1 197 5 1101 3011 595 51 5, 838, 405.34 54, 465, 115.42 0.00 0.00 60, 303, 520.76

TOTAL 255 347 37 23988 111278 10481 195967 1, 575, 958, 047.68 993, 145, 949.53 3, 492, 300.00 0.00 2, 572, 596, 297.21

1. These statistics have been compiled based on the information reflected in the Database of Settled Restitution Claims.

2. In order to improve the accuracy of our statistics, the Database of Settled Restitution Claims is on an ongoing basis

3. HHs refers to households and FHHs refers to female headed households

Province

PART 4FINACIAL PERFORMANCE




Financial performance overview

The total financial value of the claims that were approved during the period under review is R2 572 596 297.21. The total

expenditure to settle claims was R2 490 331 887.92. The expenditure included expenditure on backlog claims, which were

approved in previous financial years and where payment had not taken place.

Table 1.1 depicts the breakdown in expenditure between backlog claims and new claims.

Table 1.2 depicts the breakdown of expenditure, per expenditure item.

Table 1.1 Expenditure 2012/13

Province Expenditure - claims

approved prior to 2012

Expenditure- claims

approved in 2012/13

Total expenditure

Eastern Cape 67,236,245.39 189,082,130.98 256,318,376.37

Free State 4,963,726.59 86,708,389.27 91,672,115.86

Gauteng 4,187,898.25 31,017,850.44 35,205,748.69

KwaZulu-Natal 181,940,920.69 635,040,192.17 816,981,112.86

Limpopo 80,072,132.97 383,267,279.75 463,339,412.72

Mpumalanga 94,565,801.49 243,554,864.15 338,120,665.64

Northern Cape 8,919,723.52 102,927,204.00 111,846,927.52

North West 51,772,660.76 276,024,847.02 327,797,507.78

Western Cape 15,857,850.13 33,192,170.35 49,050,020.48

TOTAL 509,516,959.79 1,980,814,928.13 2,490,331,887.92

Graph 1.1 Expenditure 2012/13



Expenditure per item

Office Land purchase Conveyancing

fees

Grants Financial

compensation

Total

Eastern Cape 70,500.00 0.00 7,103,227.98 249,144,648.39 256,318,376.37

Free State 13,548,512.05 118,384.60 165,853.72 77,957,750.09 91,790,500.46

Gauteng 8,163,907.80 43,109.50 0.00 27,041,840.89 35,248,858.19

KwaZulu - Natal 604,182,109.33 1,806,990.35 20,537,485.00 192,261,518.53 818,788,103.21

Limpopo 280,598,987.19 122,689.99 31,346,717.56 151,393,707.97 463,462,102.71

Mpumalanga 274,446,818.97 647,899.90 4,446,924.45 59,226,922.22 338,768,565.54

North West 252,900,948.72 397,303.60 24,346,944.50 50,549,614.56 328,194,811.38

Northern Cape 19,501,658.00 71,869.00 10,280.00 92,334,989.52 111,918,796.52

Western Cape 3,379,647.20 0.00 1,659,513.23 44,010,860.05 49,050,020.48

Total 1,456,793,089.26 3,208,246.94 89,616,946.44 943,921,852.22 2,493,540,134.86

Graph 1.1 Expenditure 2012/13

Annual financial statements

The information on the financial statements forms part of the annual report for the Department of Rural Development and

Land Reform



OFFICE OF THE CHIEF LAND CLAIMSCOMMISSIONER:

Chief Land Claims Commissioner Ms Nomfundo Gobodo

Postal address:

Private Bag X833, Pretoria, 0001

Physical address:

184 Jeff Masemola Street, Pretoria

Tel: (012) 312-8883/9229/9754/9687

Fax: (012) 321-0428

E-mail: [email protected]

Deputy Chief Land Claims Commissioner Mr Thami Mdontswa

Postal address:


Physical address:


Tel: (012) 312-9191

Fax: (012) 323–0162


Regional Land Claims Commissioner Mr Harry Maphutha

Postal address:


Physical address:


Tel: (012) 312-9896

Fax: (012) 325-5582


Chief Director: Restitution Management SupportMrs Irene Sinovich

Postal address:


Physical address:


Tel: (012) 312-8911

Fax: (012) 328-2399


Director: Quality AssuranceMr Sunjay Singh

Postal address:


Physical address:


Tel: (012) 312-8204

Fax: (012) 323 0162


Director: Restitution Co-ordination and Support(Policy and Research)Mr Stan Nkosi

Postal address:


Physical address:


Tel: (012) 312-9810

Fax: (012) 323-0162


Director: Programme Management andAdministration Support (Finance and SCM)Ms Francis Mc Menamin

Postal address:


Physical address:


Tel: (012) 312-9136

Fax: (012) 328-2399


Director: Restitution Litigation Mr Isaac Peter (Acting)

Postal address:


Physical address:


Tel: (012) 312-9191

Fax: (012) 323-0162


REGIONAL OFFICES:

GautengChief Director: Land Restitution SupportMr Lengane Bogatsu (Acting)

Postal address:

Private Bag X03, Arcadia, Pretoria, 0001

Physical address:

9 Bailey Street, Arcadia, Pretoria

Tel: (012) 310-6500

Fax: (012) 324-5812

Email: [email protected]

CONTACT DETAILS OF THE COMMISSION



North WestChief Director: Land Restitution SupportMr Lengane Bogatsu

Postal address:

Private Bag X74, Mmabatho, 2735

Physical address:

ERF1274 Batlhaping Street, Unit 4 Mmabatho

Tel: (018) 387 – 0922

Fax: (018) 392-3083


Free StateChief Director: Land Restitution SupportMs Juanita Fortuin

Postal address:

PO Box 4376, Bloemfontein, 9300

Physical address:

136 SA Eagle Building, Maitland Street, Bloemfontein

Tel: (051) 403-0700

Fax: (051) 430-3930


Northern CapeChief Director: Land Restitution SupportMs Cindy Damons

Postal address:

PO Box 2458, Kimberley, 8300

Physical address:

4th Floor Old SARS Building, Old Main Road, Kimberley,

8300

Tel: (053) 807-1340

Fax: (053) 831-6501


KwaZulu-NatalChief Director: Land Restitution SupportAdv Bheki Mbili

Postal address:

Private Bag X3120, Pietermaritzburg, 3200

Physical address:

2nd Floor, African Life Building, 200 Church Street,

Pietermaritzburg

Tel: (033) 355-8400

Fax: (033) 342-0409


Eastern CapeChief Director: Land Restitution SupportMr Zukile Pityi

Postal address:

PO Box 1375, East London, 5200

Physical address:

13th Floor, Caxton House, Terminus Street, East London

Tel: (043) 743-3824

Fax: (043) 743-3687


Western CapeChief Director: Land Restitution SupportMr Michael Worsnip

Postal address:

Private Bag X9163, Cape Town, 8000

Physical address:

1st Floor, 14 Long Street, Cape Town

Tel: (021) 426-2930

Fax: (021) 424-5146


LimpopoChief Director: Land Restitution SupportMr Tele Maphoto

Postal address:

Private Bag X9552, Polokwane, 0700

Physical address:

1st Floor, Kagiso House, Cnr Schoeman and Rissik Streets,

Polokwane

Tel: (015) 287-0800

Fax: (015) 287-0811


MpumalangaChief Director: Land Restitution SupportMr Sam Nkosi

Postal address:

Private Bag X11330, Nelspruit, 1200

Physical address:

Restitution House, 20 Samora Machel Drive, Nelspruit

Tel: (013) 755-8100

Fax: (013) 752-3859




ABBREVIATIONS & ACRONYMS

CLCC Chief Land Claims Commissioner

CD: LRS Chief Director: Land Restitution Support

CRDP Comprehensive Rural Development Programme

CRLR Commission on Restitution of Land Rights

DLCC Deputy Chief Land Claims Commissioner

DRDLR Department of Rural Development and Land Reform

FHHs Female Headed Households

HHs Households

RADP Recapitalisation and development Programme

RSG Restitution Resettlement Grant

RLCC Regional Land Claims Commissioner

NCOP National Council of Provinces

PFMA Public Finance Management Act, 1999 (Act No 1 of 1999)

MTSF Medium Term Strategic Framework

NARYSEC National Rural Youth Service Corps

annualreport - parliamentary monitoring group

Documents