Report on Challenges and Solutions for Communal Property Associations (CPAs) in South Africa

1. Presentation to the Portfolio Committee on Rural Development and Land Reform Communal Property Associations 2011/2012 Annual Report 08 October 2013

2. Communal Property Associations are formed in terms of the Communal Property Associations Act, Act 28 of 1996 to hold, manage and own land on behalf of its members. • In terms of Section 17 of the Act the Department of Rural Development and Land Reform is Required to table a report to Parliament on Communal Property Associations and Provisional Associations and how the objects of the Act are being met. • A number of Challenges CPAs BACKGROUND

3. NATIONAL COMPLIANCE SUMMARY

4. Implementation of the turnaround strategy • 115 CPAs referred to the LRMF • Referred CPAs are at various stages of regularization • 8 CPAs have been fully regularized • Provinces developed their own strategies to regularize the remainder of CPAs • Provinces will either establish and manage their own panels or they will regularize them internally using departmental officials INTERVENTIONS

5. CPA CONSTITUTION – Most constitutions don’t cater for the changing needs of members. • COMMUNITY IDENTITY – Most Restitution claimants who were restituted land have no sense of community. • ECONOMIC ACTIVITIES – The scramble for resources amongst Exco members leads to the collapse of CPAs. • CPAs VERSUS TRADITIONAL AUTHORITIES – When CPAs are established to settle tribal claims they seem to be in contestation for power with traditional authorities. REGULARIZATION CHALLENGES

6. MANAGEMENT SKILLS – Illiteracy amongst Executive Committee members impacts negatively on the smooth running of CPAs. • CONFLICT MANAGEMENT – Most Executive committee members lack conflict management skills which often result in them taking sides in. • MEMBERSHIP – Membership lists are not regularly updated. • OWNERSHIP/ TRANSFER OF LAND –. Some CPAs have sold their land Others have not taken ownership of land since registration REGULARIZATION CHALLENGES

7. LAND INVADERS – • Some CPA land was invaded by squatters through the connivance of some member or the committee. • INSOLVENCY – • Some CPAs are insolvent. • INFORMATION MANAGEMENT- • Most CPAs do not keep records. REGULARIZATION CHALLENGES

8. The following CPAs were put under administration: • Khomani San in Northern Cape • Sisonke in Mpumalanga • Khomanani in Northern Cape • Loeriesfontein in Northern Cape • Klein Tswaing in North West • Elandskloof in Western Cape • Serala in Limpopo • Letswalo in Limpopo CPAs UNDER ADMINISTRATION

9. The CPA Turn Around Strategy was rolled out • Regularization of dysfunctional CPAs is part of the Turn Around Strategy • 115 most problematic CPAs were referred to the Land Rights Management Facility • 8 CPAs have been regularized • A Policy on Communal Property Institutions was developed • The Act is being amended SOLUTIONS

10. The Amendment to the CPA Act will introduce the following changes: • Establish CPA Office • Appointment of Registrar of CPAs and Deputy Registrars • Repeal provisions that enabled registration of Provisional CPAs • Enhanced protection of members rights PROPOSED SOLUTIONS

11. THANK YOU