Joy at last for first successful land restitution claimants

AFTER more than two decades, the Elandskloof community, South Africa’s first successful land restitution claim involving over 300 families, is set to regain full control of their land. 

The Western Cape High Court on Thursday lifted the administration order placed on their Community Property Association (CPA) in 2005. 

“The administration order granted by this court on 18 October 2005 under the hand of her Ladyship Ms Justice Ndita in terms of the provisions of section 13(1) of Communal Property Associations Act 28 of 1996 be rescinded with immediate effect,” the court ruled.

In 1996, Elandskloof, a rural village in the Cederberg made history as the first successful land restitution case in a newly democratic South Africa.

It also became home to the country’s first CPA, established and registered under the newly enacted Communal Property Association Act of 1996.

The history of the Elandskloof community dates back to the early 1800s. In 1962, as a result of apartheid forced removals, families who had lived on the land for generations were displaced and resettled in various parts of what was then the Cape Province.

Although the resettlement process began in 1998, it soon stalled due to financial constraints. In the years that followed, the shortcomings of the restitution process became increasingly evident: land was returned without the capital or support needed to develop it, and many beneficiaries disconnected from rural livelihoods after decades of displacement continued to carry the deep scars of apartheid. The process was marked by ongoing tensions and conflict within the community.

The Department of Land Reform and Rural Development eventually applied to the Western Cape High Court to place the Elandskloof CPA under administration, steps the government deemed necessary to address persistent mistrust, internal conflict, non-compliance, and a lack of skills and capacity within the CPA.

The department then this year approached the court to have the administration rescinded, to relieve the government of its administrative role and return full control of the CPA’s affairs to its duly elected committee, allowing the community to govern itself.

Some of the steps taken by the department during the administration period included a local committee being established consisting of the members of the community occupying the land to assist the officials with the management of the day to day issues of the residents.

Basic services such as the provision of electricity, water and refuse collection were restored by the local municipality.

A mediator was appointed to mediate the dispute between the members of the CPA.

“The annual general meetings (AGM) of the (CPA's) members were restored with attendance of the majority of the members of the community. The committee of the respondent was duly elected by its own community members to resume an independent management of its own affairs for the benefits of Its members and by themselves,” the department’s court application for the rescission read. 

“The committee is positive and dedicated and fully capable of executing its tasks and responsibilities. The environment in the community has less mistrust, tension and conflict and is conducive for the respondent to regain full ownership of its processes, roles and function. The (CPA) is confident that they are ready to take full ownership of its processes, whilst it may be (with) continued support from the department and other institutions on an ad hoc basis.”

Beneficiary Ansie Visagie travelled from Worcester to be at the high court on Thursday.

“We feel very excited about the milestone we’ve reached today. It’s a big moment, especially after what happened in 1996 and the setback that followed in 2005. Many beneficiaries have since passed away, which makes this moment even more special.

"My vision for Elandskloof is that it should be a developed farm where people can function independently, where individuals can do something for themselves and truly operate independently. The most important thing that must happen is that people must get proper housing.  Especially for the elderly, they deserve the joy of having a real house they can call their own.”

Committee chairperson, JP George added: “I spoke with a lump in my throat when I spoke to the committee. Words cannot describe it, we fought something like 34 years to get Elandskloof back and we were under administration for 20 years. We are grateful, now we can regroup and build Elandskloof into what we know it can be. It’s a milestone in our history. It shows if we work together and believe in each other, we can reach success.”

The community’s vision is to retain and develop Elandskloof in a way that contributes to the economic well-being of its people, through decent housing, improved infrastructure, and the creation of local jobs.

Cassiem Khan, spokesperson to Land Reform and Rural Development minister Mzwanele Nyhontso, said: “Minister Nyhontso fully endorses the need for post settlement support and considers it critical for the success of Communal Property Associations.

"Since the start of August, the Minister has been engaging CPAs and concerned committees and plans to visit CPAs in all nine provinces. Key issues holding back progress include infighting, not adhering to the constitution of the CPA, poor financial management, much of which will be addressed by post settlement support. The establishment of the registrar of CPAs office and its presence in all provinces seek to efficiently address concerns.”

Cape Times