Response on enquiry: kraaibosch community to the portfolio committee’s public hearings 08 november 2017, room g26, ground floor, new wing, national assembly, cape town

Content of the presentation PROJECT BRIEF AND BACKGROUND OF KRAAIBOSCH COMMUNITY CLAIM ISSUES RAISED BY KRAAIBOSCH CLAIMANT, MR BEN OELF AND RESPONSE THERETO

Background to the claim A community claim was on behalf of the Kraaibosch Community. The claim was condoned into one-hundred and twenty-eight (128) individual claims for the loss of beneficial occupational rights, as some claimants were employed as laborers and some sharecropping rights; The property, viz. Kraaibosch Woodcutter’s Location (“Allotments’) and “Vrygrond” (Free Land), is located between the Homtini River to Karatara River between the Outeniqua Mountains and the N2 National Road, Knysna Local Municipality in the Eden District of the Western Cape.

Background and current status Due to the volume of the claim, the claim was settled in phases: Phase One submission consisted of 29 claimant households with 148 beneficiaries, approved on 15 November 2012 to the value of R 1 584 850.00; R54 650.00 for that portion of the claim will be declared due to a consolidation of a claim; outstanding amount of R 30 246.11 and will be completed on receipt of outstanding documents and tracing of the relevant beneficiaries; Phase Two submission consists of 6 claimant households with 31 beneficiaries, approved on 21 February 2015 to the value of R 578 172.00 with the final amount of R 123 893.99 for this phase on a payment list for vouchers for payment; Phase Three submission consists of 30 beneficial occupancy claimant households with 102 beneficiaries and was approved on 13 March 2015 to the value of R 2 890 860.00 of which a payment list for R63, 017.69 is on route with R78, 077.27 is due outstanding documents and untraceable claimants;

Background and current status Phase Four submission consists of 7 households with 37 beneficiaries, approved on 31 March 2016 to the value of R 779 629.00 of which payment lists was prepared and en-route for approval and printing of vouchers; and Phase Five submission consists of two (2) verified tenancy claimant households with twelve (12) beneficiaries who were dispossessed from the Kraaibosch allotments awaiting approval.

Background and current status The status of the remaining 54 claims is as follows: 35 claims have been found non-compliant, due to not meeting the minimum requirements as per the Restitution of Land Rights Act, 1994 as amended; 12 claimants are untraceable; 3 claimant households opted for restoration and negotiations commenced with the Knysna Municipality; and 4 claims were consolidated as family members lodged obo the same ODI.

ISSUES RAISED during public hearings ISSUES RAISED WITH THE PORTFOLIO COMMITTEE DURING THE PUBLIC BRIEFINGS ON THE CPA BILL Despite Minister’s promise to finalize the Kraaibosch claim during 2010, the current state of affairs are unknown to the Committee; and That the claimants are prompted to opt for financial compensation by the George satellite office of the Regional Land Claims Commissioner: Western Cape.

RESPONSE to issues raised RESPONSE ON ISSUES RAISED WITH THE PORTFOLIO COMMITTEE DURING THE PUBLIC BRIEFINGS ON THE CPA BILL Continuous communication between the Kraaibosch Land Claim Committee and the Commission office since the Minister’s visit during 2010 was instrumental with progress made to date and have assisted with finalizing payments to the value of R5,667,538.00 to date, against the approved submissions to the value of R5,828,777.00; Latest meeting on 6th July 2017 outlined progress; Responded to Ministerial Enquiry on 6th September 2017; The Commission explains Financial Compensation is one of three options during a compulsory workshop.

Way forward The list of 12 untraceable claimants are receiving the necessary attention; various attempts was made to contact the claimants and will continue with the process to track them or declare the claims The office are actively soliciting outstanding documents and compiling payment lists to ensure all beneficiaries are paid accordingly Negotiations for land to the benefit of the 3 claimant households have not begun, pending a mandate to negotiate from the family. The office completed all phases to determine the overall need for restoration by this community to deal collectively with the with the release of land negotiations. The office will continue to update the Kraaibosch Land Claimant Committee on progress on the claim.

Regional Offices: Western Cape 1st Floor, 14 Long Street, Cape Town Tel: 021 409 0300 Acting Chief Director: Mr Rikus Janse Van Rensburg Cell: 082 8225102 E-mail: Rikus.JansevanRensburg@drdlr.gov.za 33 Shamrock Place, 97 York Street George Tel: 044 874 0021 Office Manager: Ms Neo Choeu Cell: 082 4195306 E-mail: Neo.Choeu@drdlr.gov.za Enquiries on land claims: RLCC@drdlr.gov.za Toll-free number 0800 007 095

THANK YOU! Mr Rikus Janse Van Rensburg Acting Chief Director Office of the Regional Land Claims Commissioner: Western Cape 1st Floor, 14 Long Street, Cape Town, 800 Tel: 021 409 0300 E-mail: Rikus.JansevanRensburg@drdlr.gov.za Enquiries: RLCCWC@drdlr.gov.za