Communal Property Associations
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COMMUNAL PROPERTY ASSOCIATIONS ANNUAL REPORT 2014-2015 TABLE OF CONTENTS Part 1 Ministers Foreword ………………….………..…………………………………………………………………………………………………………………………….............. 3 ‘Director-General’s Overview…………………..……..……………………………………………………………………………………………………………................. 6 Part 2 Framework..……………….….…….………………………………………………………………………………………………………………..………………....................... 7 Part 3 Operational Activities..….…………………………………………………………………………………………………………………….……………………………….………… 9 Part 4 Outcomes and Impact….………………………………………………………………………………………………………………………………………………………………… 11 Part 5 Challenges encountered………………………………………………………………………………………………………………………………………………………………….12 Part 6 Remedial Action………………………………………………………………………………………………………………………………………………………..…………………… 13 Part 7 Provinces………………..………………………………………………………………………………………………………………………………………………….………………….. 25 Eastern Cape Free State Gauteng Kwazulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape Part 8 National Compliance Trends…………………………………………………………………………………………………………………………………………………………… 124 Part 9 Conclusion……………………………………………………………………………………………………………………………………………………………………………………… 125 Glossary and Acronyms…………………………………………………………………………………………………………………………………..……….…………………….. 126 2 Part 1 MINISTER’S FOREWORD • to strive for the achievement of the right of all South Africans, as a whole, to political and economic self determination in a united South Africa; • to overcome the legacy of inequality and injustice created by colonialism and apartheid, in a swift progressive and principled way; • to develop a sustainable economy and state infrastructure that will progressively improve the quality of life of all South Africans; and, The Freedom Charter, a product of the People's Congress • to encourage the flourishing of the feeling that South Africa organised by the ANC and its Congress Allies in 1955, remains belongs to all who live in it, to promote common loyalty to, the ANC's ideological platform; one which continues to inform and pride in, the country; and, to create a universal sense of and undergird policy and strategic thinking and perspectives. freedom and security within its borders. Unlike neo-liberalism, which propagates the invisible hand's trickle-down and ahistorical model of development, or, Informed by this socio-economic framework, the ANC anarchism, which has no real ideological basis, but propagates developed its economic policy, the mixed economy, premised chaos and social disorder, the Freedom Charter provides for on the spirit, if not also the letter, of the Freedom Charter. an inclusive, redistributive model of development. The mixed economy policy framework provides for public, The drafters of the Freedom Charter took into account the private and household participation. The provision for direct country's Colonial and Apartheid past, whose legacy could public sector participation comes from the recognition that, never be reversed through unmediated and unmitigated given our history of Colonialism and Apartheid, which used strategies and tactics. race, gender and class as key determinants in the distribution of national assets and resources, it was not possible to achieve As part of its work towards the installation of our democratic a just and equitable redistribution of our country's wealth, as dispensation, the ANC developed the Ready To Govern dictated by the Freedom Charter, unmediated and document, which has four pillars, being: unmitigated. 3 Both the letter and spirit of the Freedom Charter find a transition from Colonial and Apartheid system of development, expression in the Constitution of the Republic in that the based on institutionalised race, gender and class discrimination, latter provides for a representative and participatory system to an inclusive, redistributive one, based on the Freedom Charter. of democracy. The Honourable Members of this House have been distributed according to the will of the people, One of the groundbreaking resolutions taken at the 53rd National expressed through democratic elections. Conference of the governing Party was the adoption of the National Development Plan (NDP), which sets out the country’s Yet, notwithstanding the democratic mandate Members vision for the period up to 2030: Vision 2030. received to pass legislation, they still go out there and consult the people when considering Bills from the The National Development Plan (NDP) introduces its Overview by government. Before it submits Bills to this House, the the following quotation from the Reconstruction and government subjects them to public scrutiny, including Development Programme (RDP), 1994: through the National Economic Development and Labour Council (NEDLAC). All this is in keeping with the tradition of the Freedom Charter. No political democracy can survive and flourish if the mass of our people remain in poverty, without land, without tangible prospects for a better life. Attacking poverty and deprivation The ANC's 53rd National Conference (2012) confirmed must therefore be the first priority of a democratic resolutions taken by its 52nd Conference (2007) on rural government. development, agrarian change and land reform. The 53rd Conference passed resolutions that sought to make a break with Colonial and Apartheid systems and patterns of land The National Planning Commission (NPC) proposes a ownership and control in the country. differentiated rural development strategy that focuses on: • Agricultural development, based on successful land reform, The political thread which ran through all presentations, employment creation and strong environmental safeguards. To including the Presidential Address, and discussions during achieve this, irrigated agriculture and dry-land production the Conference was 'Radical socio-economic change during should be expanded, with emphasis on smallholder farmers this Second Phase of the Transition from Colonialism and where possible. To this end, established agricultural industries Apartheid to a national democratic society’; must be enabling partners. 4 • Quality basic services, particularly education, health care The proposed model is based on the following principles: and public transport. Well-functioning and supported • Enable a more rapid transfer of agricultural land to black communities enable people to seek economic beneficiaries without distorting land markets or business opportunities. This allows them to develop their confidence in the agri-business sector. communities further through remittances and the transfer • Ensure sustainable production on transferred land by making of skills, which will contribute to the local economy. sure that human capabilities precede land transfer through incubators, learnerships, apprenticeships, mentoring and • In areas with greater economic potential, industries such as accelerated training in agricultural sciences. agro-processing, tourism, fisheries (in coastal areas) and • Establish monitoring institutions to protect land markets small enterprise development should be developed with from opportunism, corruption and speculation. market support. Special focus to enhance skills and • Bring land transfer targets in line with fiscal and economic capabilities of rural women entrepreneurs with access to realities to ensure that land is successfully transferred. land and finance. • Offer white commercial farmers and organised industry bodies the opportunity to significantly contribute to the The strategy should ensure access to basic services, food success of black farmers through mentorships, chain security and the empowerment of farm workers. It should also integration, preferential procurement and meaningful skills recognise the wide range of opportunities present in rural transfer. areas and develop strategies tailored to local conditions. Institutional capacity is integral to success, especially in the reforms required to resolve contested relationships between The Medium Term Strategic Framework (MTSF 2014-2019) is traditional and constitutional institutions. the first five-year period for the implementation of the NDP. The implementation of the NDP is in full swing. In areas with greater economic potential, industries such as agro-processing, tourism, fisheries and small enterprise It, thus, gives me great pleasure to present to Parliament the development should be developed. Making land reform work 2014/15 Annual Report of the Department of Rural – land reform is necessary to unlock the potential for a Development and Land Reform in relation to Communal dynamic, growing and employment-creating-agricultural Property Associations in terms of Section 17 of the Communal sector. Property Association Act 28 of 1996. 5 DIRECTOR-GENERAL’S OVERVIEW When the Department engages in the final drive, to ensure that all CPAs comply with the Act and Regulations, special emphasis will be placed on those that have been regularized to ensure that they don’t retrogress. This will be done through sustained capacity building exercises in all provinces. At the core of such exercises will be the building of capacity within provinces to ensure that support becomes available where it is needed, at the time it is needed and with minimal costs to the CPAs. The picture of CPAs that has emerged from the pilot phase of Proposed amendments to the Communal Property regularization, shows that the solutions to the problems Associations Act are aimed at addressing challenges facing none-compliant CPAs are varied. The challenges emanating from this lack of institutional support. There will encountered during