Report on the Riemvasmaak Community Trust Presentation to the Portfolio Committee on Rural Development and Land Reform 12 August 2015

Presentation Outline Introduction Restitution claim 1994 Settlement Resettlement from Namibia Trust under Administration Restitution of last claim – The farm Sandrift 2009 Comprehensive Rural Development Plan (CRDP) Minister’s visit Current situation 2

Introduction Riemvasmaak is situated in the Northern Cape in the ZF Mgcawu District Municipality. The people of Riemvasmaak were forcibly removed in 1974, by the former Apartheid South African government from their place of birth – Riemvasmaaak and split into two with part of the community been taken to Namibia then South West Africa and some to the former Ciskei. The forced removals were done on ethnic bases, meaning the Xhosa speaking were relocated to Ciskei and the Nama and Damara speaking to Namibia. Regrettably there are a few households that are still in Namibia and the Eastern Cape. 3

Restitution Claim Riemvasmaak is one of the first restitution claims to be lodged and setttled in South Africa. The claim was first lodged with the Advisory Commission on Land Allocation( ACLA) in 1992, just two years before the dawn of the newly democratically elected government in April On 11 February 1994 ACLA recommended that the land known as the Riemvasmaak Reserve be restored to the people (community) and the then State President accepted and approved. Following the establishment of the democratically elected government on 27 April 1994, the Riemvasmaak claim was rectified by the newly enacted act, the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994). Total extent is about hectares 4

Resettlement from Namibia During 1995 and 1996, the then Department of Land Affairs, now Department of Rural Development and Land Reform assisted 166 households to relocated (repatriated) from Namibia and the then Ciskei to Riemvasmaak. The community lived in Riet-houses and in abject poverty. Government and the local municipality replaced the riet-houses with proper houses and provided other basic services. 28 Households that were relocated to Welcomehood in the Eastern Cape, opted for financial compensation and were paid R 1, million Those that opted not to return received financial compensation of 5

Trust Under Administration Following allegations of misappropriation of funds, the Restitution Office in the Northern Cape requested Ministerial approval to place the Trust under administration. In February 2010, The Master of the High Court of the Northern Cape appointed a firm of attorneys, Mathews and Partners as administrators. The contract between the Commission and the Administrator was from 1 April 2010 to 31 July However, due to extensions the contract came to an end in August 2012, and the contract amount was for R 4.2 million Two of the Trustees were found guilty by the court and were arrested for misappropriating about R This triggered dissatisfaction within the community 6

Continued…. During the period of Administration, the Trust took over the management, lease and production of the farm Omdraai ( Vaaldrift), witch was bought for R28 million. Some leaders within the community to raise their dissatisfaction with the Administrator, and argued that they are not informed about the finances of the business – rental money, profit of the exported grapes. These led to several intervention by the local political leaders including the MEC but without any success It is worth mentioning that during the tenure of the Administrator, all the reporting was done to the Provincial Department of Agriculture in the province. Ultimately the Trust, represented by Mr Freddie Bosman raised their concerns with Minister, Mr Nkwinti ( DRDLR). 7

Minister visits Riemvasmaak After a focused meeting in Cape Town with Mr Bosman, the Minister accompanied by the MEC for Agriculture and Senior Managers called a community meeting at Riemvasmaak on 01 April During the meeting the community informed the Minister that they don’t need the Administrator anymore, they want to managed their land themselves. Minister advised the community to address governance challenges by setting up 4 committees,(governance, planning, repatriation and development) under the leadership (Chairmanship) of a local councillor. The most important one was for them to consider changing the land holding entity from TRUST to a Communal Property Association and report back to allow him and the department to register a new CPA. To date all efforts to assist the community to achieve this have been rejected, especially by Mr Bosman. To date there is minimal progress in this regard. 8

Last restitution Claim In 2003 the Riemvasmaak Community Trust lodged the second claim with the Regional Land Claims Commissioner of the Free State and the Northern Cape. The Commission settled the claims through section 42 D of the Restitution Act and was approved by Minister in June The total extent of the is hectares, worth R 28 million and is held by the TRUST. 9

CRDP site Riemvasmaak is one the first Comprehensive Rural Development Program site. It was launch by the Minister, on 19 June just after the election of the new Administration. The CRDP program yielded positive results that culminated in the implementation of several projects:  22 houses;  Bulk water pipe;  Early Childhood Development Centre;  Upgrade of sports facilities;  Clinic; and  Library. 10

CRDP Projects PROJECT NAMEA/ BUDGETE/ EXPENDITUREJOBS Bulk Water Pipe lineR 13 MR 12 M74 ( 3 Permanent) 2 X ECD CentersR 1 M 12 jobs created ( 2 Permanent) Upgrading of 2 Community Halls, R 1 M 20 Temporary jobs Housing ( 22)R 1.3 M 7 0 Temporary jobs E-RAP Centers x 2 R 1M 24 Permanent Jobs Upgrading Sports ground R Jobs (18 temporary & 2 Permanent) 11

Intervention by the Master of the High Court On 15 May 2015 the Master of the Northern Cape High Court called a meeting of the Riemvasmaak community which was held at Naba Lodge in Upington. The meeting was a result request from the Public Protector to clarify his role and that of the other TRUSTEES appointed to deal with the affairs of the Riemvasmaak community Trust. 12

Continued… The meeting of 15 May 2015 focused on the centrality of the Riemvasmaak Community Trust DEED. The Master is the only person who appoints the trustees. All trustees are appointed according to section 7,2 of the Riemvasmaak community Trust Deed. The Master acts within the confines of the Trust Deed. Finally, the Master has no say in what the trustees must do. 13

Continued… At the end of the meeting of 15 May 2015 the following resolutions were taken: To have systems in place to hold regular meetings; To appoint alternative TRUSTEES; Interim Trustees be appointed until the next elective AGM; A governance workshop to be arranged to explain the TRUST DEED and including who the Trustees are; and Master to make audited financial statement and conduct the Election on 13 June

Conclusion The role of the Administrator and who is currently managing him is not clear. The Master is still in control. The Business operation on the farm Vaaldrift still the responsibility of the Provincial Department of Agriculture. DRDLR currently has a very minimal role to play after the completion of most of the CRDP projects. 15

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