1. COMMUNAL PROPERTY ASSOCIATIONS ANNUAL REPORT 2017/18
Presentation to the Portfolio Committee: Rural Development and Land Reform
17 October 2018 21

2. TABLE OF CONTENTS
1. Introduction 2. Departmental Performance 3. CPA Forums 4. CPA challenges 5. Successes 6. Judicial Administration 7. Recapitalisation 8. CPA strategy 9. Information Management System 10. Stakeholder involvement 11. Compliance trends 12. Intervention highlights 13. Specific Matters 14. Budget 15. Legislation 16. Capacity

3. 1. INTRODUCTION
The Director General is required in terms of Section 17 of the CPA Act to compile a report on the extent to which the objectives of the CPA Act are being achieved.
The Minister is required to table such report in Parliament.

4. The Department has 1566 CPAs registered on its books.
1. INTRODUCTION …2
The Department has 1566 CPAs registered on its books.
A total of 53 new CPAs were registered in 2017/18
No new Provisional CPAs were registered during the reporting period
BREAKDOWN OF CPAs REGISTERED IN 2017/18
Province EC FS GP LP
KZN MP NC NW WC
Number of CPAs 1 22 12 3 11

5. 2. DEPARTMENTAL PERFORMANCE
PROVINCE
SUPPORTED TOWARDS COMPLIANCE (TARGET)
ACHIEVEMENT EC 46 49 FS 10 GP 12 14
KZN 40 41 LP 48 MP 30 78 NC 20 NW 37 WC 28 17
TOTAL
256
304

6. 3. CPA FORUMS PROVINCE LEVEL OF DISTRICT FORUM FUNCTIONALITY EC
Their District Forums are fully functional GP
They lack resources and experience to operate optimally
KZN
They also lack resources and experience to operate optimally LP
They operate optimally in some Districts but in others they function fairly. In one district they are not functional. They need operating resources. (Mopani district not functional) MP
They function properly. NW
They are not fully functional. They lack resources NC
They are not operating optimally. They lack resources. The distance between districts and CPA’s is also a challenge.

7. 4. CHALLENGES
Incomplete verification and settlement of claims
Consolidation of communities
Lack of operating capital (Start-up capital)
Unaccountability of CPA committees
Lack of transparency by CPA committees
Political and business interference
Disputes with Traditional leaders

8. 5. SUCCESSES
CPA name
Compliance
Production 1
Fayi (EC)
Yes
Crop 2
Amatshezi (EC)
Crop and cattle 3
Delindlala (EC) 4
Inghalo (GP) 5
Amandla (KZN)
Forestry 6
Emvelo (KZN) 7
Bela-Bela (LP)

9. 5. SUCCESSES…2
CPA Name
Compliance
Production 8
Makuleke (LP)
Yes
Crop 9
Mamahlola (LP) 10
Mawewe (MP)
Sugarcane 11
Mashobotho (MP) 12
Barokologadi (NW)
Game reserve 13
Welgeval (NW)

10. 6. JUDICIAL ADMINISTRATION
CPA Name
Reason for Judicial Administration
Start date
End Date
Barolong boo Ratlou boo Seitshiro
Infighting & Maladministration
2015
August 2018
Moloto
2016
December
2018
Khomani San
Maladministration
2014
April 2018

11. 7. RECAPITALISATION CPA Name Programme Commodity Recap Amount
Luthando (EC)
Restitution
Crops & Livestock R
Kranspoort (LP)
Vegetables R
Koka Matlou (LP)
Livestock (Goats) R
Lebelo (LP)
Livestock (Beef) R
Kwa-Huba (LP)
Game breeding R
De Hoop (LP) R
Mavhungeni (LP) R
Tshathongwe (LP) R

12. 7. RECAPITALISATION…2 CPA Name Programme Commodity Recap Amount
Tlhabanyane
Restitution
Crops R
Batshweneng R

13. 8. STRATEGY
A strategy is been developed to deal with CPAs
This strategy is intended to:
Improve monitoring
Improve the application of intervention mechanisms
Facilitate the provision of support in an integrated manner

14. 9. INFORMATION MANAGEMENT SYSTEM
The Department is developing an information management system for CPAs: The system will do the following:
Electronic capturing and updating of CPA information
Electronic registration of CPAs and allocation of system generated unique numbers
Uploading of relevant documentation against individual CPAs
CPA properties will be shown on map
System generated reports
Currently the system is used by the State Land component of the Department

15. 10. STAKEHOLDER INVOLVEMENT
Vumelana Advisory Fund Governance Awards gives recognition to CPAs that adhere to good corporate governance
The following CPAs were supported by Vumelana Advisory Fund:
Nwandlamhari - Malamala game reserve
Moletele South East Cluster AgriProject
Barokologadi - Madikwe Game Reserve
Mamahlola - Mamahlola Farms AgriProject

16. 11. COMPLIANCE TRENDS Province 2009-10 2012-13 2013-14 2014-15 2015-16 EC 16 21 22 23 29 08 06 FS 11 12 32 01 GP 8 10 05 04
KZN 27 30 33 15 42 LP 24 34 35 53 28 MP 26 57 NC 4 13 1 NW 39 40 3 5 WC 6 20 14
Summary
100
158
209
171
284
141
112

17. 11. COMPLIANCE TRENDS…2

18. 12. INTERVENTION HIGHLIGHTS
Gugulethu:
An attorney that used to provide legal services to the legal entity obtained a default judgement for legal fees owed to him.
He wanted to attach the assets.
A lawyer was appointed through the LRMF to represent the members.
He won the case and now the other lawyer was ordered to pay legal costs of the community.

19. 12. INTERVENTION HIGHLIGHTS…2
Khomani San:
A new committee has been elected by members of Khomani San.
The membership list was updated.
Barolong boo Seitshiro:
The internal disputes have been resolved
An Election Agency has been appointed

20. Members of this CPA were not aware of the sale.
13. SPECIFIC CPA MATTERS
NQACULE
The chair person of this CPA sold the CPA land and bought taxis with the proceeds of the sale.
Members of this CPA were not aware of the sale.
The sale is being challenged in court.

21. Officials have been subjected to threats for their intervention
13. SPECIFIC CPA MATTERS…2
RAMA
This CPA presents unique challenges in that the members have requested the Department to intervene but they are afraid to cooperate with the Department because of the threats to their lives.
Officials have been subjected to threats for their intervention
The PSSC wants to place this CPA under administration.
The DG has approved that the CPA be placed under administration.

22. Since establishment of this CPA there have been internal dispute.
13. SPECIFIC CPA MATTERS…3
WALLMANSTHAL
In the settlement of the 711 individual claims and the Berlin Mission community claim (128 households) the Commission consolidated the claims and established Wallmansthal CPA.
Since establishment of this CPA there have been internal dispute.
Although Berlin Mission Community is included in the membership list of Wallmansthal CPA it decided to established its own CPA.
The Commission is engaged in efforts to resolve the dispute.

23. This CPA is currently divided in three factions.
13. SPECIFIC CPA MATTERS…4
BAKGATLA BA KGAFELA
This CPA is currently divided in three factions.
Attempts by the Department and an independent mediator to mediate the dispute did not yielded positive results.
Each faction claims to be a legitimate committee of CPA
The dispute is currently the subject of a court case
The Department has also joined the court case.
The Department’s position is there should be fresh elections

24. BAROLONG BOO SEITSHIRO
13. SPECIFIC CPA MATTERS…5
BAROLONG BOO SEITSHIRO
This CPA is divided into two camps and there was mismanagement of the CPA resources
This camps are aligned to two different tribal authorities
An Administrator that was appointed for this CPA has largely completed her assigned functions.
An Election Agent has been appointed to oversee elections planned for November 2018

25. There is a dispute between two groups within this CPA.
13. SPECIFIC CPA MATTERS…6
OPPERMANSGRONDE
There is a dispute between two groups within this CPA.
This CPA was formed when two Restitution Claims were settled.
The initial holders of the title feel left out because they have lost control and complete access to their land due to the conditions imposed by the other group.
The PSSC is in the process of placing this CPA under administration

26. The term of office of the current committee expires in July 2018.
13. SPECIFIC CPA MATTERS…7
BJATLADI
This CPA experienced internal conflict as a result of membership disputes, alleged mismanagement of finances and transactions relating to land.
In January 2018 he CPA land was leased to a private company for a period of 28 years.
The term of office of the current committee expires in July 2018.
The next AGM will be held on 02 December 2018.

27. 14. BUDGET INTERVENTION EXPENDITURE
CPA INTERVENTION (Incl. JUDICIAL ADMINISTRATION)
R ,41
CPA MEDIATION
R ,96
CPA AUDITING/BOOKKEEPING
R19 052,50
TOTAL EXPENDITURE R

28. The CPA Amendment Bill is now with the NCOP.
15. LEGISLATION
The CPA Amendment Bill is now with the NCOP.
The Department attended Legislature Briefings on the Bill in all 9 provinces.
The Bill was presented to 8 legislatures: Eastern Cape, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West & Western Cape.
In the Free State the briefing was cancelled because of miscommunication in the provincial legislature.
The legislatures are now conducting Public Consultations

29. 83 Officials are currently working on CPA
16. CAPACITY
83 Officials are currently working on CPA
Only 4 officials are dedicated solely to working with CPAs
79 Officials work with other tenure legislations in addition to CPA work

30. THANK YOU