1. Limpopo: CPA Amendment Bill Hearings Complaints Status Report to the Portfolio Committee on Rural Development and Land Reform
09 May 2018

2. INTRODUCTION
The Portfolio Committee on Rural Development and Land Reform (Portfolio Committee) conducted public hearings on the Communal Property Associations Amendment Bill (CPA Amendment Bill) in Limpopo from 10 to 11 August The public hearings took place in the Mopani and Waterberg Districts respectively.
The Committee resolved that the Department of Rural Development and Land Reform should compile comprehensive written responses to issues raised by stakeholders which are dealt with in this report.

3. Seabi CPA CPA Info Issues Raised Interventions/Plans Dates
Seabi CPA (Restitution)
Land was transferred to them in two phases: and 2014
The Department paid R20 million for 4 land parcels.
Not functioning optimally due conflicts.
The LPSSC assisted in setting a governance structure but it cannot function as it cannot access the land.
The Seabi CPA raised challenges with regard to one of its households, the Seabi family, that stays on the farm and prohibits the CPA Committee and the community at large from performing operations on the CPA properties.
Committee members made allegations of assault with dangerous weapons by members of the household which resulted in hospitalisation.
The matter was taken to Court and the Court found some household members guilty.
There is a Court Interdict that prohibits the household from staying on the CPA property in order to enable the Committee and the community to operate without hindrance yet the family does not vacate the farm.
The Limpopo Provincial Shared Service Centre (LPSSC) is aware of this matter and has provided support. The CPA was advised to present the Court Interdict to the Vila Nora Police Station for the South African Police Service (SAPS) to assist in implementing the Court Interdict.
The CPA Committee reported to the LPSSC that the SAPS did not assist them.
To this effect the LPSSC held a joint meeting with all stakeholders: the CPA Committee, the Vila Nora SAPS and a National Prosecuting Authority (NPA) on Monday 18 September 2017.
The meeting resolved that there is need to involve the sheriff of the Court. The CPA managed to raise the funds of R and the sheriff of the Court served the family with the instructions to vacate the farm. This was in December The family did not vacate the farm. The sheriff of the Court finally did a quote to evict the family from the farm. The total quote is R300 
The CPA does not have the funds as there have been no operations on the farm. The LPSSC will do a submission to the Land Rights Management Facility (LRMF) for assistance with the eviction.
15 May 2018

4. Lebelo CPA CPA Info Issues Raised Interventions/Plans Dates
Lebelo CPA (Restitution)
Land was transferred in 2007
The Department paid R7 million for 8 land parcels.
Lebelo CPA was regularized in 2016 and is functioning properly.
The Lebelo CPA raised an issue about interference by the Traditional Authorities in affairs of the CPA, whereby they even demarcate residential sites on CPA land.
Lebelo CPA also enquired on their funding application.
They also complained about interference by traditional authorities.
The LPSSC has taken an initiative together with the District Fora to train CPAs and Traditional Authorities on their roles and responsibilities pertaining to CPA matters.
This was decided in a meeting that was held in 12 July 2017 between the Department and the District Fora.
Their funding of R1.2 million was approved on 19 December 2017 through the assistance of the LPSSC.
The LPSSC committed to conduct training to both Lebelo and Seema CPAs pertaining to roles and responsibilities between CPAs and Traditional Authorities and the roll-out general training to CPAs with similar challenges by 31st October 2017 and 31st March 2018 respectively.
The LPSSC will roll out the trainings in the 2018/2019 financial year.
23 May – 27 June 2018.

5. Seema CPAs CPA Info Issues Raised Interventions/Plans Dates
Seema CPA (Restitution)
State Land was approved but not transferred due to consolidation into a conservancy
Seema CPA also raised the concern of interference by Traditional Authorities into their CPA
They also raised the Title Deed issues
The LPSSC has taken an initiative together with the District Fora to train CPAs and Traditional Authorities on their roles and responsibilities pertaining to CPA matters.
This was decided in a meeting that was held in 12 July 2017 between the Department and the District Fora.
The LPSSC committed to conduct training to both Lebelo and Seema CPAs pertaining to roles and responsibilities between CPAs and Traditional Authorities and the roll-out general training to CPAs with similar challenges by 31st October 2017 and 31st March 2018 respectively.
Both trainings could not materialize due to budgetary constraints. The LPSSC will roll out the trainings in the 2018/2019 financial year.
The restituted farms together with the gazetted farms were consolidated into Farm Gillimburg through another process of consolidating of farms through the Property Management Unit because they want to create a conservancy. We are in a process with the Property Management to see if the consolidation can be undone.
23 May – 27 June 2018.
September 2018

6. Koka Matlou CPA CPA Info Issues Raised Interventions/Plans Dates
Koka Matlou CPA (Restitution)
Land was transferred in 2004.
The Department paid R4 million for 7 land parcels.
The CPA is functioning well.
The Koka Matlou CPA raised two issues:
The issue of boundaries between the CPA land and neighbouring properties; and
Funding through Recapitalisation and Development Programme (RADP)
On the issue of the boundaries, the Surveyor General’s office was consulted and did the survey services to clarify the boundaries for the CPA. This happened on 06 October 2015 in the presence of the RLCC and Surveyor General officials. During this exercise, the CPA was also shown the beacons which were used to determine these boundaries. However they refused to accept the outcomes. Further however the office has taken a decision to send the Surveyor General’s office again to do a redetermination of the boundaries.
As for the issue of funding, their application was approved through the assistance of the LPSSC on 22 February 2018 to the amount of R
June 2018
In implementation

7. Bakgatla Ba Mocha CPA CPA Info Issues Raised Interventions/Plans Dates
Bakgatla Ba Mocha CPA (Restitution)
Land was transferred in six phases: 2008, 2009, 2010, 2011, 2013 and 2014.
The Department paid R97 million for 7 land parcels.
The CPA is not functional due to conflicts within the CPA.
Bakgatla Ba Mocha CPA raised the issue of on-going conflicts in the CPA.
The term of office of the current committee expired a long time ago. The Committee does not want elections for a new committee to take place. The Community took the Committee to court. Their matters are with the State Attorneys in preparation for Court proceedings. However the State Attorneys have advised the PSSC to regularize the CPA while the Court processes are underway. The LPSSC engaged with the CPA and has already met one of the CPA factions on 23 August The LPSSC had anticipated finalizing the regularizing of Bakgatla Ba Mocha CPA by 31 March This could not be achieved as the factional groups did not cooperate in the mediation by the LPSSC. The matter was then referred to LRMF for mediation on 06 November 2017 and Mphahlele Attorneys have been appointed.

8. Modimolle Community Development Trust
CPA Info
Issues Raised
Interventions/Plans
Dates
Modimolle Community Development Trust (Restitution)
Land was transferred in 2004.
The Department paid R57 million for 9 land parcels.
It is not functional due to conflicts.
There are differences between the Trustees and the beneficiaries
This is coupled with non-functionality of the entity in terms of production
There have been engagements with the Trust beneficiaries as they intend to change from being a Trust to a CPA.
Processes will start in the 2018/2019
June 2018

9. Modjadji Land Claim CPA Info Issues Raised Interventions/Plans Dates
Modjadji Land Claim (Restitution)
Land claimants
They raised the issue of delays in the settlement of their claim.
The claim by the Modjadji nation is not valid in terms of Section 2 of the Restitution Act and a recommendation has been made to the Commissioner to dismiss it, however, it has been recommended to the Commissioner to consider acquiring land for them in terms of Section 6 (2) (b) of the Restitution Act, because the claimants have a need for land. Once a decision has been made, the Department will acquire land for them in terms of the relevant section, by requesting Minister to ratify the decision of the Commissioner.
July 2018

10. Maluleka Alina Enquirer Issues Raised Interventions/Plans Dates
An individual
The enquirer stays on communal land and wanted to know if they can sell the land and whether they can form a CPA.
A response was given to the effect that they cannot sell land as they do not have a title deed for it.
Responded to

11. Mhlaba-Willem Land Claim
Enquirer
Issues Raised
Interventions/Plans
Dates
W Mashele (Restitution)
A member of the claimants
The enquirer indicated that they do not need land but money.
The claim is a new order claim and it will be processed once claims are reopened.

12. Mamahlola CPA CPA Info. Issues Raised Interventions/Plans Dates
Mamahlola CPA (captured as Mamashela CPA on the enquiry register): Restitution
Their properties were restored in 2000.
The State paid R for 4 land parcels.
The CPA is functional.
The enquirer spoke of the allegation of the sale of the land.
The allegation was looked into and confirmed that no sale of land has happened. There were tensions in the CPA and it was put under administration. The CPA has since been regularised and additional training will be provided.

13. Letlakaneng CPA CPA Info. Issues Raised Interventions/Plans Dates
Letlakaneng CPA (captured as Waterberg on the enquiry register): Restitution
The land was transferred in 2005, 2006 and 2007.
The Department paid R10 million for 18 land parcels.
The CPA is dysfunctional due to past conflicts with the strategic partner and conflicts between members
The enquirer spoke of Recap funds and the conflicts between the CPA and the strategic partner
The investigations by the Department found that the matter between the CPA and their Strategic Partner was sent to Court.
Other matters were resolved and there are two pending matters: the sale of the pivot centre and the tractor. Both are still in Court.
The Department will assist the CPA with support towards an elective AGM with hope that with a functional governance structure, productivity will be revived.
July 2018

14. NGO Enquiry Enquirer Issues Raised Interventions/Plans Dates NGO
An NGO raised a question about the legitimacy of the CPA District Fora that have been established.
The LPSSC’s response was that the CPA Forum (District Fora) in the Province was initiated by the Chief Land Claims Commissioner (CLCC) as part of an attempt to deal with the plethora of complaints related to CPAs. Subsequently, these have since been taken forward by the LTA Branch as part of its response in strengthening and improving the relations within the CPAs and resolving challenges at their earliest stages. The LPSSC reported that the District Fora in the Province are contributing positively as they assist in conflict resolutions. It should also be noted that District Fora members perform this function using their own resources.