1. REPORT TO THE PORTFOLIO COMMITTEE OF RURAL DEVELOPMENT AND LAND REFORM ON PROGRESS REGISTERED TO DATE ON CPAs IN NORTH WEST PROVINCE 17 April BRANCH: LAND TENURE & ADMINISTRATION NW (TSI) 1

2. INTRODUCTION
Provide progress made since the last engagement with communities.
Most questions asked from CPAs were from the same members of the association expressing their views in different ways, which by interpretation and analysis, had the same meaning because of the dynamics in those associations.
The Department intended to run a process of regularizing CPA through the use of election agencies, State attorneys office (difficult cases with court orders).
This will minimize contestation of election results and contestations in courts (e.g Barolong boo Modiboa boo Matlwang). 2

3. DIKGATLHONG AND MAMEROTSE CPAs
Name
Recommendations
Progress
Jacob Mogale,
Dikgatlong & Mamerotse CPA
The Department and the Commission must submit a report about the CPAs referred to.
Further report about serious allegations made by the claimants and CPA members.
A mediator representing the Department and three lawyers have been appointed to represent: Concerned group, executive committees and the interim committee.
All parties work through the mediator to deal with issues .
Parties have started engaging on the issues. 3

4. DIKGATLHONG AND MAMEROTSE CPAs cont.
Name
Recommendations
Progress
Jacob Mogale,
Dikgatlong & Mamerotse CPA
The Department and the Commission must submit a report about the CPAs referred to.
Further report about serious allegations made by the claimants and CPA members.
A decision has been taken to put the CPA under administration and allow for the mediator to take the responsibility.
Submission sent to the ADG office 4

5. DIKGATLHONG AND MAMEROTSE CPAs cont.
Name
Recommendations
Progress
Ron Mogodi
Same as above
The Department and the Commission must submit a report about the CPAs referred to.
Further report about serious allegations made by the claimants and CPA members.
The term of office of the CPA has lapsed, and it should be to every interested party’s contribution to ensure the smooth process is undertaken. The Department exerted pressure for the holding of election. For several times the police intervened to quell potential fights among CPA members, at one stage CPA Executive and officials had to be escorted from the meeting venue. With regard to allegations against the officials of the department, all 5

6. DIKGATLHONG AND MAMEROTSE CPAs cont.
Name
Recommendations
Progress
Ron Mogodi
Same as above
The Department and the Commission must submit a report about the CPAs referred to.
Further report about serious allegations made by the claimants and CPA members.
the stakeholders have been advised to contact relevant law enforcement structures and public protector’s office is already involved in Dikgatlhong CPA matters. 6

7. DIKGATLHONG AND MAMEROTSE CPAs cont.
Name
Recommendations
Progress
Dira Mogale
Mamerotse
Investigate Mamerotse matter and report to the Committee.
The Department has prepared a submission for approval by the Acting Director General to extend the mandate of the mediator so that he can take over the administration of both Mamerotswe and Dikgatlong until the lawyers finalise the regularisation process. The mandate of the administrator will cover the financial management of the CPA. 7

8. DIKGATLHONG AND MAMEROTSE CPAs cont.
Name
Recommendations
Progress
Susan Masito (Mamerotse) 082 
Department to present a report about the Mamerotse complaint and what they are doing about this matter.
 The land buyers forced into CPAs. These allegations are serious and require a response from both the RLCC and the Department.
 The CPA must be assisted to resolve tensions, this process entails review of the finances of the CPA and how they were spent over the years.
The land for the two CPA’s are currently used as a single agricultural unit as it falls within the irrigation scheme. In dealing with all processes of restoration the claimants have been aware of this dynamic issue and therefore opted for a CPA.
The issues of contention are dealt through the appointed lawyers and the mediator . It is also our view that the taking over of the administration of the CPA will alleviate the concern of some members. 8

9. BAKGATLA BA KGAFELA CPA
Name
Recommendations
Progress
Not audible
Bagatla ba Kgafela Communal Property Association
The Department should consider investigating the role played by the named officials in rendering the CPAs dysfunctional in the NW.
Mediator appointed.
Parties meet with mediator to register their concerns including concerns they might have against the officials.
Mediator proposed elections and was accepted by parties.
Election date was scheduled for 26 February. 9

10. BAKGATLA BA KGAFELA CPA cont.
Name
Recommendations
Progress
Not audible
Bagatla ba Kgafela Communal Property Association
The Department should consider investigating the role played by the named officials in rendering the CPAs dysfunctional in the NW.
One party reneged in the last hour and threatened interdicting the process.
Bakgatla CPA and traditional council conflated by issues affecting each other.
To appoint an election agency to run election through the state attorney.
Deputy Minister to facilitate discussions. 10

11. BAKGATLA BA KGAFELA CPA cont.
Name
Recommendations
Progress
William Diganke Pile Ramatlakane CPA committee member
The Department should consider investigating the role played by the named officials in rendering the CPAs dysfunctional in the NW.
The Department has appointed a mediator in July Preliminary report has been submitted by the mediator and progress has been registered whereby an interim committee has been established and verification is being finalised
Currently the mediator is working towards holding an elective general meeting and all parties are working well with the mediator. For now the CPA is stable.
Allegation against the officials are not true according to them.
Complainants advised to approach law enforcement agencies. 11

12. DIKGATLHONG AND MAMEROTSE CPA
Name
Recommendations
Progress
Cony Modinoana (Dikgatlong, Baphalane)
There is a need for the DMR and DRDLR to look at the approval of mining rights and permits on communal land.
To avoid issuance of rights and permits without consultation of the land users and owners as required in terms of IPILRA.
Investigate title deeds issues relating to Sunbelt.
Proclamations have been provided by the old dispensation.
Department is a tittle holder.
Department at a level of public consultation on communal land bill.
Department does community consultation and DMR finalize the process.
Sandbult 119 JQ is owned by the SADT. 12

13. DIKGATLHONG AND MAMEROTSE CPA cont.
Name
Recommendations
Progress
DSS Mafoko
Priest & Chairperson of CPA-Bana Ba Moopo
The RLCC must give report on the claim and engage claimants regarding their land claim.
Claimants have been informed of the status of new order claims affected by court judgement of LAMOSA VS state. The office has even went on undertaking roadshows to alert communities of the status of halting registering new claims. 13

14. PUTFONTEIN CPA (BATLOUNG BA GA SHOLE )
Name
Recommendations
Progress
Baby Makgeledisa
Putfontein CPA
Pietfontein CPA must be investigated and officials being named must also account on the allegations.
The term of office for the Batloung CPA has lapsed.
Regularisation of CPA is with limited success.
Office in the process to appoint election agent to assist in running election.
Mr Bogatsu who happens to be a Chief Director in the office of Regional Land Claims Commission North West, does not relate in any way with the Bogatsu surname that is being referred. 14

15. MATLALA FROM JERICHO Name Recommendations Progress Matlala from Jerico
Report to the claimant about his or her claim
The complainant cannot be reached
The issues possibly relate to new claims. 15

16. MAILE VILLAGE Name Recommendations Progress Maile
Investigate the matter and submit a report to the Committee.
A land rights inquiry was conducted by the NW PSSC (TSI) over various portions of Roodekraalspruit 113JQ, P2, 3, 4, 5 & 8. Recommendations from SP Umhlaba determined that ownership over P2 and P8 must be subject to a Land Title Adjustment investigation through Act 111 of 1993 (work in progress) whilst other portions will be dealt with by long term legislation dealing with communal land, i.e. Communal Land Bill. 16

17. MANTSOSE CPA Name Recommendations Progress Mantsoe CPA
Release title deed to the CPA
The Office has appointed a conveyancer to transfer the land. All documents relating to transfers has been submitted to Madibeng Local Municipality for signing as they are the land owners. Once the documents are signed, the conveyancer will proceed to lodge with deeds office for transfer. 17

18. MANTSOSE CPA cont. Name Recommendations Progress
Donald Shaka Mphahlele
RLCC to give feedback to claimants who may have lodged claims prior and after 1998.
The Department must report to the Committee about these dynamics. It must also propose to the Committee how it is going to help the people.
This are new order claims. The office has been running roadshows to alert communities of the status of their claims and the new order claims affected by the LAMOSA judgement.
With regard to old claims, ha has been restored. The outstanding hectares have disputes and the matter is at court level.
Department appointed a mediator.
Mediators report indicated maladministration and recommended administration. 18

19. MODDERSPRUIT CPA Name Recommendations Progress
Simon Nwatse (Modderspruit CPA, Groenkloof – Madibeng)
The Department must enquire about this CPA, and report to the Committee – on the CPA matters and the funding of the CPA and projects.
CPA established through the Redistribution Program along the N4 next to Modderspruit. The CPA Exco is non-functional, administration is poor. CPA land fully occupied by informal settlement. Service provision done by Madibeng LM. The department at District level has recommended the possibility of disestablishing the CPA and transfer the common areas to Madibeng for better service provisions and administration. 19

20. MODDERSPRUIT CPA cont. Name Recommendations Progress
Simon Nwatse (Modderspruit CPA, Groenkloof – Madibeng)
The Department must enquire about this CPA, and report to the Committee – on the CPA matters and the funding of the CPA and projects.
Some community activists have however submitted applications in 2016/ 2017 for regularisation of the CPA; There is a BOG balance of R30 375, and for the DRDLR to acquire additional land on the surrounding land market. 20

21. BAROLONG BOO MODIBOA BOO MATLWANG CPA
Name
Recommendations
Progress
Leshauke Ntsimugang
Barolong Bo Modiboa
Matlwang.
The Department to investigate this matter and report to the Committee about progress, interference by the Department.
Assist the CPA to register their CPA and facilitate discussion about the Committee and recognition of duly constituted CPA committee.
Mediator appointed (Molefe attorneys) to deal with regularisation of the CPA. Elections are planned and the Department has earmarked to appoint an election agency through the office of the state attorney in order to prevent contestation of results. Even through that this interventions are made continuous disagreement hampers progress as parties prefers taking each other to court.
Court process delay progress in the CPA as none of the parties could function in the process, the latest court ruling hold the same view as the department i.e. new elections. 21

22. BAROLONG BOO MODIBOA BOO MATLWANG CPA
Name
Recommendations
Progress
Mahlodi Modiakgotla Matlwang
CPA committee
Report to the Committee about the allegations.
Rural development must find mechanisms to assist people of Matlwang.
Mediator appointed to deal with regularisation of the CPA. Elections are planned and the Department has earmarked to appoint an election agency through the office of the state attorney in order to prevent contestation of results.
CPA members from the two committees take each other through courts thereby hampering progress.
None of the parties could not function in the process.
Recent order hold the same view as that of the Department (Hold election). 22

23. IKAGENG CPA Name Recommendations Progress Ikageng CPA
The Department must explain what is going to happen because Recap has been phased out, and what is the situation now with the balance of grants.
All projects with outstanding BOG are assisted through developing new business plans to access development grants.
Ikageng CPA has a balance of R as balance of grants. Currently the department can still apply Recap policy to assist the CPA as Recap is still being phased out gradually. 23

24. BAROLONG BOO MODIBOA BOO MATLWANG CPA
Name
Recommendations
Progress
Kgotso Radikoane (Matlwang Village… Borolong bo modibua)
Refer to other Matlawang complaints
There is a growing trend for community members (CPA beneficiaries) whenever they differ among themselves; they direct their anger on officials including making allegations. This trend is increasing and is fuelled by a number of social factors, i.e. unemployment, greed among CPA committees, political environment, fighting for positions, etc. 24

25. PHOMOLONG CPA Name Recommendations Progress Phomolong CPA
Investigate the funding of Phumulong CPA and report to the Committee.
Assist the CPA to use their land, or coordinate support from DAFF.
Matter is being handled by DAFF as funders of the project. 25

26. THANK YOU 26