1. COMMISSION ON RESTITUTION OF LAND RIGHTS UPDATE : PETITION MATTERS to the Portfolio Committee on Rural Development and Land Reform 01 ST SEPTEMBER 2010, CAPE TOWN Under the Rule of Law, The Orderly Way, The Peaceful Way, The Patriotic Way, The Sustainable Way, The South African Way.

2. CATEGORIES TO PETITION: 1. NON-CLAIMANTS -CONFALSA (HABIB KOOPMAN) -IRASA -INDIVIDUALS WITHOUT PROOF OF CLAIM FOR: -CONSTANTIA, STELLENBOSCH, KIRSTENBOSCH, CLAREMONT/NEWLANDS, KLAWER, GOODWOOD, WINDERMERE/KENSINGTON AND HOUT BAY,ERF 10535, RETREAT: M ADAMS 2. NON-COMPLIANT CLAIMS -RAAPKRAAL 3.FACTION GROUP -DSAC 4.CLAIMANTS -S1846: MS E SOZAWE -A 124 & A822: G ALLIE AND F BUFFKINS -M1100: A SCHOEMAN -N31: V NXUKUMA AND H KOAHO 2

3. NON-COMPLIANT CLAIMANTS 3 FACTUAL INFORMATION: J707 – NIGEL DANIELS ClaimantsJohanna Willemena Johas No of Beneficiaries8 Property DescriptionFarm 202, Bredasdorp Current Status Rejected: The property was sold before the area was declared a Group Area, furthermore the indicated date on the claim form is 1867, consequently the Restitution requirement not been met. Settlement AgreementN/A Cost of settlementN/A Overview on implementationN/A ChallengesN/A

4. NON-COMPLIANT CLAIMANTS 4 FACTUAL INFORMATION: J767 – NIGEL DANIELS ClaimantsJohanna Willemena Johas No of Beneficiaries8 Property DescriptionFarm 202, Bredasdorp Current Status Rejected : The property was sold before the area was declared a Group Area, furthermore the indicated date on the claim form is 1867, consequently the Restitution requirement not been met. Settlement AgreementN/A Cost of settlementN/A Overview on implementationN/A ChallengesN/A

5. NON-COMPLIANT CLAIMANTS 5 FACTUAL INFORMATION: J775- PETER JAFTA ClaimantsPeter Jafta No of Beneficiaries1 Property Description Portion 66 (a portion of portion 65) of farm Buffelsdrift, Ladismith Current Status Rejected : There is no evidence of State involvement of the dispossession Settlement AgreementN/A Cost of settlementN/A Overview on implementationN/A ChallengesN/A

6. FACTION GROUP DISTRICT SIX ACTION COMMITTEE -REPRESENATIVE OF OWNERS THAT DO NOT WANT TO BE REPRESENTED BY DISTRICT SIX BENEFICIARY TRUST – LEGAL ENTITY -OUTSTANDING PROOF OF MANDATE 6

7. VALID CLAIMANTS 7 FACTUAL INFORMATION: D655 : CJ DRIVER ClaimantsCJ Driver No of Beneficiaries1 Property DescriptionErven 491, 494, 523, Greyton Current StatusNegotiation Stage Settlement AgreementRestoration/Alternative Land Cost of settlementN/A Overview on implementation N/A ChallengesLand availability

8. VALID CLAIMANTS 8 FACTUAL INFORMATION: A124 – G ALLIE & F BUFFKINS ClaimantsALLIE ASA No of Beneficiaries1 Property DescriptionERVEN 710, 723, 1458 HOUTBAY Current StatusVALIDATED Settlement AgreementRestoration Cost of settlement NOT YET DETERMINED Overview on implementation TO BE FINALISED ONCE LAND RELEASED Challenges LAND RELEASE

9. VALID CLAIMANTS 9 FACTUAL INFORMATION: M1100: A SCHOEMAN ClaimantsLAMBERTS BAY COMMUNITY CLAIM No of Beneficiaries1039 Property DescriptionERF 107 LAMBERTS BAY Current StatusSETTLED Settlement AgreementRestoration Cost of settlementR7 004 665.00 Overview on implementation CHURCH – LAND COMMUNITY – FINANCIAL COMPENSATION Challenges NONE

10. VALID CLAIMANTS 10 FACTUAL INFORMATION: N31 – V NXUKUMA & H KOAHO ClaimantsNkomo Notopia Ethel No of Beneficiaries1 Property Description30 Cannon Street, District Six, Cape Town Current StatusSETTLED Settlement AgreementRestoration Cost of settlementESTIMATED AT R6B Overview on implementation IMPLEMENTATION AND BUSINESS PLAN ChallengesDELAY IN PROCESSESS

11. VALID CLAIMANTS 11 FACTUAL INFORMATION: S1846 – E SOZAWE ClaimantsSozawe Magaba Ester No of Beneficiaries1 Property DescriptionStrongyard, Jackalsvlei Estate, Kensington Current StatusFirst Letter Stage – RESEARCH Settlement AgreementFinancial Compensation Cost of settlementTO BE DETERMINED AT SETTLMENT Overview on implementationFINANCIAL COMPENSATION Challenges PRIORITY LIST

12. LODGEMENT AND VALIDATION ____________________________ Restitution of Land Rights Act, No.22 of 1994 as amended and Rules regarding procedure of Commission in terms of the Act as amended. Cut-off date of lodgement 31 ST DECEMBER 1998 (Section 2.1.e.) LODGEMENT (S10.1.) by “any person or the representative of any community which is entitled to claim restitution of a right in land” (who was dispossessed during the apartheid regime) RESEARCH OF VALIDITY OF CLAIM AND BENEFICIARIES (S11.1. and S12 (Rules 5,12,13) The RLCC found to claim to be: Prescribed in the correct manner Claim not frivolous or vexatious Research by legal officers: S11.1.c – Gazetting of claim 12

13. 13 PROJECT CYCLE

14. REJECTED CLAIMS Found to be Non-complaint with Act and Rules, i.e. racial practises, missed deadline for lodgement, etc. Clients require land for agricultural purposes – refer to Provincial Land Reform Act under S6.2.b. S6.2.b. – “Make recommendations or give advice to the Minister regarding the most appropriate form of alternative relief, if any, for those claimants who do not qualify for the restitution of rights in land i.t.o. Act” (REFERRAL TO OTHER LAND REFORM PROGRAMS) 14

15. CONDONATIONS (S11.2) Claims prescribed in the correct manner, however: Handed in at places other than Commission offices before 31 st December 1998: received by the Commission office after the cut-off date. Claims were lodged as a Community claim – individuals did not form part of a certain community – claim handled as individual claim Individuals lodged claim – during research found to be part of a community, - community claim. 15

16. CHALLENGES ___________________________ LAND RELEASE BY MUNICIPALITIES AND OTHER GOVERNMENT DEPARTMENTS INCL PRICE  - CITY OF CAPE TOWN  - DEPARTMENT OF PUBLIC WORKS  3 CONSTANTIA  PRINCESS VLEI  RETREAT  MILNERTON COURT CASES: LAND RELEASED, AGREEMENTS CONCLUDED (S42D), AT IMPLEMENTATION – COURT CHALLENGES EG. BOOTH MATTER 16

17. 17 THANK YOU/ BAIE DANKIE MRS BEVERLEY JANSEN REGIONAL LAND CLAIMS COMMISSIONER, WESTERN CAPE Private Bag X9163 / 04 TH FLOOR, MATRIX HOUSE, 73 STRAND STREET, 8000 Telephone number: (021) 486 7300 Fax number: (021) 422 3160 E-mail address: Fwilliams@ruraldevelopment.gov.za Fwilliams@ruraldevelopment.gov.za