REPORT ON RAMA COMMUNAL PROPERTY ASSOCIATION Presentation to the Portfolio Committee on Rural Development and Land Reform 12 August 2015
o Rama CPA members lodged a Restitution claim which was settled in o Portion 2 of Wildebeeshoek 309 JR and Rem of Kafferskraal 308 JR were acquired by claimants. o The two farms are 754 hacters in extent and were acquired for R o Rama CPA members are part of the Bakgatla ba Mmmakau under Chief Basabasa Motsepe. o A CPA was registered in 2002 to acquire, hold and manage land on behalf of the claimants. BACKGROUND 2
o The CPA has initiated some income generating activities on its land. o They have a quarry business on one portion of the farm. o On the other portion they have started a museum and an entertainment centre that features a cinema. o In partnership with the Tshwane Metropolitan Municipality and private investors they are in the process of developing houses on their land. 3
o The RLCC has tried unsuccessfully to intervene in this CPA. o Due to the failure of mediation the RLCC instituted proceedings to place the CPA under administration. o That application was unsuccessful on the grounds of locus standi. o New proceedings by the Department aiming at placing the CPA under administration were instituted in the Northern Gauteng High Court. o A rule nisi order was granted requiring the CPA to hand its books over to the department. BACKGROUND 4
o When Rama was registered as a CPA in 2002 they elected the following people to sit on the committee: o Ramatiyane Simon Poo; o Goitsemang Poo; o Lameck Pila; o Kgomotso Matsomela; o Jacobeth Sebati; o Simon Peto; o Peter Sekgothe; and o Berlina Kgomotso Podile. o They were elected for a term of 5 years which expired on 23 May CPA COMMITTEE 5
BUSINESS ACTIVITIES o When the land was acquired, there was an operational quarry on it. o The quarry is still operating and it is the main income earner for the CPA. o It supplies mining and crushing stone, quartzite and sand. o They also supply concrete and cement brick. 6
o The CPA Committee’s term of office has expired. Reports not submitted to DG. o There is development happening on CPA land without the mandate of the members. o A committee members was killed and there are allegations of misappropriation of funds by the Committee. o An order instructing the CPA to hand over its books to auditors has limitations. CHALLENGES 7
STATUS QUO o Currently the Department is working on four angles of intervention in this CPA: o Criminal cases o Civil case o Assistance compliance o Development on CPA land 8
CURRENT DRDLR ACTIVITIES CRIMINAL CASES o Two meetings were held with the SAPS (Hawks)to report on and to discuss the various activities that took place within the CPA that warrant the attention of the police. o Some supporting documents were requested by the Hawks and the DRDLR is assisting the community to submit those documents. o At the moment the Hawks are looking at the murder case and possible fraud and corruption case. o The last meeting with the Hawks was postponed because CPA members failed to submit all documents proving the allegations of misappropriation of funds, intimidation and murder to the Hawks. 9
CURRENT DRDLR ACTIVITIES CIVIL CASE o The Department has now filed its replying affidavit on 30 June o Heads of argument has also been filed and we are awaiting the respondent to file its heads. o The State Attorney has now indicated that he will before the 15 th Aug apply for a hearing on opposed motion. 10
CURRENT DRDLR ACTIVITIES ASSISTANCE WITH COMPLIANCE o On 13th June 2015 in Madidi a community meeting mandated their interim leadership to run the affairs of Rama CPA until the AGM is held. o A community meeting is set for 8th August 2015 preparations for the AGM. o The AGM is will be held on 26 September 2015 at Madidi. An AGM notice has already been sent through the CD’s office. o The PSSC: Gauteng will appoint the authorised officer to oversee the AGM with the support of the CPI Unit. o The IEC has been requested to run the elections. 11
CURRENT DRDLR ACTIVITIES DEVELOPMENT ON CPA LAND o A meeting was held with Tshwane Metro to advise them about the prevailing circumstances within Rama CPA. o The Executive Mayor undertook to liaise with the people responsible for development in order to appraise them about the issues raised by the DRDLR. o An agreement was reached between the Department and Tshwane Metro that all developments on the land will stop until a new committee is elected. 12
CONCLUSION o The Hawks will be supported with whatever documentation or access to any witness they need. o Any further development that takes place on Rama CPA land will happen with the agreement of a duly elected committee that is properly mandated to take decisions affecting the members of Rama. o There will be regular communication with the State Attorney to ensure that the civil case is expeditiously brought to conclusion. o On 26 September a new CPA committee will be elected to run the affairs of Rama. Training will be provided to the new committee soon after its election. 13
THANK YOU 14