BRIEFING REPORT ON THE STATUS OF CINDI ESTATE LAND CLAIM portfolio committee

BACKGROUND INFORMATION WITH REGARD TO THE LODGEMENT OF THE KINDE ESTATE LAND CLAIM Mr. James Msindwana ID No: 170228 5109 088 lodged a land claim on the 28th of August 1995 in accordance with the requirements as set out in the Restitution of Land Rights Act, Act 22 of 1994, as amended. The land claim was lodged on behalf of the descendants who have registered title in undivided shares. The late Mr. James Msindwana had formal land rights ownership of the claimed land as follows: Kinde Estaste 269 IN (Doornbult 256 and Vergenoeg 258 as was previously known) in form of the tittle deed measuring 5542.6480 hectares. The property is located in the Naledi Local Municipality, Dr. Ruth Segomotsi Mompati District, North West Province. The farm was acquired by distribution of estate through a will and was registered in 27 undivided shares. The land claim was the subsequently duly accepted by the Restitution Support: North West Province. The land claim, on behalf of the Cindi family, has been fully settled and the properties transferred to Cindi CPA, on half of the beneficiaries. Currently the term of office of the CPA committee has expired.

SETTLEMENT OF THE KINDE ESTATE LAND CLAIM Consequently, the settlement of the land claim was done and was approved by the then Minister of the Department of Land Affairs for the restoration of the claimed properties on the 08th of December 2000 as follows:   Kinde Estate 269 IN (Doornbult 256 and Vergenoeg 258) on behalf of the Cindi family Portions 11(portion of portion 5) of the farm Groot Verdriet 310 IN and remaining extent of portion 5 (Geduldspan) of the farm Groot Verdriet 310 IN which were not under land claim measuring a total of 409.9551ha, on behalf of the farm workers. A memo has been approved by the Minister to transfer the properties to the municipality for the establishment of a township and provision of services by the municipality on these properties.

SETTLEMENT OF THE KINDE ESTATE LAND CLAIM The Statistical information of the approved submission is as follows: NAME OF CLAIM KINDE ESTATE Location, Municipal area, Province Naledi Local Municipality,Dr Ruth Segomotsi Mompati District, North West Province No. of claims lodged 1 Properties being restored 10 (including farm workers) Estimated no of beneficiaries 300 (excluding farm workers) Number of households 50 (excluding farm workers) Female headed households 13 (excluding farm workers) Total hectors to be restored 5553 HA Total cost of settlement R5,057,800.00 (Land Cost R4,840,300 + RDG R150 000.00 + SPG R67 500.00)

CONFLICTS of THE BENEFICIARIES from the first wife The late Mr. James Msindwana was married to two wives at the time of dispossession. The first wife had eleven (11) children and the second wife had eight (8). Farm Doornbult was given to the eleven (11) children of the first wife.   After the land was restored in the year 2000, the beneficiaries of farm Doornbult started having conflicts amongst themselves which resulted in rising tensions. The beneficiaries of Doornbult then requested the Office of the Regional Land Claims Commissioner: North West to subdivide their land (Doornbult) into eleven (11) equal portions due to persistent conflicts which could not be resolved. The subdivision of the restored land consequently obliged the office to facilitate the process of establishment and registration of legal entities on behalf of the eleven (11) families of Doornbult. An interim committee was then established to oversee the affairs of the Doornbult beneficiaries, while the establishment of their legal entities were still in progress. It should however be noted that, the subdivisions has not brought any lasting peace, for eruption of opposing voices recently became more apparent than ever before, while at same time insistence by others are still adamant that they wish to continue with the separation of the families and the erection of fences leading to recapitalization of the individual family portions.

CONFLICTS of THE BENEFICIARIES from the second wife Farm Vergenoeg was given to the eight (8) children of the second wife. An interim committee was also established to oversee the affairs of the Vergenoeg beneficiaries, at the time when the beneficiaries from Doornbult requested subdivision. There are currently no reported conflicts amongst the beneficiaries of Vergenoeg. However, a new CPA has to be registered for the beneficiaries that will hold the land on behalf of the Vergenoeg beneficiaries.

INTERVENTIONS done BY THE RLCC: nw for doornbult  The Office has intervened to resolve the impasse as follows: A General meeting was held on the 08th of February 2014, and it was agreed that the family will submit a resolution to the office should they wish to continue with the subdivision of their land into eleven (11) equal portions. A follow-up meeting was then held with the representatives of the different families, at which they were still adamant on the subdivision. It was then advised that all the eleven (11) families should submit their individual resolutions to the RLCC: North West confirming that they are continuing with the subdivisions. The family representatives met again with the Chief Director on the 15th of July 2015 where all the family resolutions were submitted in which they indicated that they wish to continue with the subdivisions. Subsequently, the RLCC: North West received the resolutions; they then proceeded with the subdivision of the farm Doornbult into the eleven equal portions.  

process of subdivision of doornbult The beneficiaries submitted the resolution to the office consenting to subdivide their land into eleven (11) equal portions. Subsequent to that, Nzelenzele, Preston and Medcalf Inc. was commissioned to undertake the following surveys: Consolidation of all the existing portions of farm 269 IN; Sibdivision of portions (Vergenoeg and Doornbult) along the boundaries of the farms 256 and 258; and Subdivide the farm Doornbult 256 IN into eleven (11) equal portions. Currently the farm Doornbult is now subdivided and registered into eleven (11) equal portions, each measuring 269 hectares in extent, however the transfer process is still underway. Of the eleven (11) legal entities to be established, nine (9) trusts have already been registered and the office is in the process of finalizing the remaining two (2) trusts. Of the nine (9) already registered, transfers of the properties has already commenced.

CONCLUSION In Conclusion, The Office of the Regional Land Claims Commissioner has in many occasions attempted to resolve the demands and conflicts of the Doornbult families without success. The office has done its part in restoring the claimed land and registering the CPA which is currently holding the land. The farm Doornbult was earmarked to be recapitalized in the past two financial years. A Mentor was introduced to the eleven (11) families however the mentor could not commence with work due to the on-going disputes.

THE END!!! Thank You.