COMMUNAL ANNUAL PROPERTY REPORT ASSOCIATIONS 2018/19 COMMUNAL PROPERTY ASSOCIATIONS 2 ANNUAL REPORT 2018/19 COMMUNAL PROPERTY ASSOCIATIONS ANNUAL REPORT 2018/19 3 COMMUNAL PROPERTY ASSOCIATIONS TABLE OF CONTENTS PART A: GENERAL a) Foreword by the Minister 7 b) Overview by the Director-General 8 c) Letter of Transmission 9 d) Introduction 10 PART B: INSTITUTIONAL ARRANGEMENTS, CHALLENGES AND INTERVENTIONS, LITIGATION, JUDICIAL ADMINISTRATION AND RECAPITALISED CPAs 1. Institutional arrangements, challenges and Interventions 13 1.1 Institutional arrangements 13 1.2 Challenges 14 1.3 Interventions 15 2 Litigation 17 3 Judicial Administration 19 4 CPA Strategy 20 5 Development of CPAs Information Management Systems 20 PART C: BREAKDOWN OF PROVINCIAL PERFORMANCE 1 Provincial Performance 22 1.1 Eastern Cape 22 1.2 Free State 32 1.3 Gauteng 34 1.4 KwaZulu-Natal 36 1.5 Limpopo 53 1.6 Mpumalanga 60 1.7 Northern Cape 76 1.8 North West 80 1.9 Western Cape 87 2 National Compliance Trends 89 PART D: HUMAN RESOURCES 1. Human Resources 91 PART E: CONCLUSION 1. Conclusion 93 4 ANNUAL REPORT 2018/19 LIST OF ACRONYMS AFS………………........................................... Annual Financial Statement AGM …………………..................................... Annual General Meeting BLTA……………………………….................... Branch Land Tenure & Administration CPA …………………....................................... Communal Property Association CPAA……………………………....................... Communal Property Association Act CPI …………………........................................ Communal Property Institution DAFF………………………….......................... Department of Agriculture, Forestry and Fisheries DRDLR …………………................................. Department of Rural Development and Land Reform ECPTA …………………………….................... Eastern Cape Park and Tourism Agency ESTA……………………….............................. Extension of Security of Tenure Act IPILRA…………………………......................... Interim Protection of Land Rights Act LAW………………………………..................... Land Administration Web LRMF……………………………...................... Land Rights Management Facility PSSC……....................................................... Provincial Shared Services Centre RLCC ……………........................................... Regional Land Claims Commission RECAP…………………………….................... Recapitalisation and Development RETM……………………………...................... Rural Economic Transformation Model SLD………………………………...................... State Land Disposal TOR…………….……………........................... Terms of Reference TSI…………………………….......................... Tenure Systems Implementation TSR……………….……………........................ Tenure Systems Reform UAT................................................................. User Acceptance Testing 5 COMMUNAL PROPERTY ASSOCIATIONS PART A GENERAL INFORMATION 6 ANNUAL REPORT 2018/19 A) FOREWORD BY THE MINISTER In this fi rst Communal Property Associations we expect that through, the application of their (CPAs) Annual Report to the sixth democratic labour, these individuals and communities will lift parliament, we will be reporting on the extent themselves out of the poverty trap and participate to which communal property associations are in the agricultural economy. meeting the objectives of the Communal Property Associations Act, 1996 (Act No. 28 of 1996). We Effective and effi cient CPAs have an important will also report on how this relates to the broader role to play in improving the livelihoods of their objectives of government, as outlined by the members. When we identifi ed gaps in the legislation president in his State of the Nation Address. that affect the functioning and monitoring of CPAs, we intervened by introducing amendments to the In his opening remarks, the president reminded us CPA Act that we presented to Parliament. about the hardships that have been endured by a section of our people, following the promulgation We will continue our endeavours to assist of the Native Land Act, 1913 (Act No. 27 of 1913). communities to capacitate, invigorate and revive Through the various land reform programmes, their CPAs in order to make them effi cient and we seek to undo this legacy of injustice. When sustainable. we make land accessible to individuals and communities through ownership and leases, ___________________ Mrs A.T. Didiza, MP Minister of Agriculture, Land Reform and Rural Development Date: 27 September 2019 7 COMMUNAL PROPERTY ASSOCIATIONS B) OVERVIEW BY THE DIRECTOR- GENERAL The department has been tasked with the 2019/2020 fi nancial year. Without proper capacity implementation and monitoring of the Communal building and continuous monitoring, CPAs that have Property Associations Act, 1996 (Act No. 28 of been supported tend to relapse into a state of non- 1996). This Act enables communities to establish compliance with their reporting and accountability and register legal entities known as Communal obligations. Through the establishment and Property Associations (CPAs). Since the inception capacitation of the CPA Offi ce, we will ensure that of the Act we have registered 1 598 CPAs. the department is geared towards adequate and regular support and monitoring of these CPAs. Proper monitoring, support and intervention are crucial for the effective functioning of these entities. We have initiated a process of working together We are establishing an institutional framework, with the Department of Environment, Forestry and which will be able to adequately perform the Fisheries to maximise the impact of their support functions of monitoring the performance of CPAs, programmes to CPAs that are engaged in eco- supporting those that need support and intervening tourism and game farming projects. The department in those that need intervention. We will do this has developed a CPA Strategy through which it will through structuring the departmental component structure CPAs’ functions, streamline institutional that deals with CPAs to capacitate it and make support and formalise stakeholder relations. it more responsive to their needs. We are also working in collaboration with structures established by CPAs - to facilitate peer learning and sharing of experiences and good practices. ___________________ Capacity building is continuously placed at the Mr PM Shabane center of our support functions. In this regard, Director-General: Department of Rural we intend to extend training to 900 CPAs in the Development and Land Reform Date: 26 September 2019 8 ANNUAL REPORT 2018/19 C) LETTER OF TRANSMISSION ANNUAL REPORT ON THE PERFORMANCE OF COMMUNAL PROPERTY ASSOCIATIONS ESTABLISHED IN TERMS OF THE COMMUNAL PROPERTY ASSOCIATIONS ACT, 1996 (ACT NO. 28 OF 1996) FOR THE FINANCIAL YEAR 2018-2019. I, Petrus Mduduzi Shabane, in my capacity as the Director-General of the Department of Rural Development and Land Reform herewith approve the Communal Property Associations’ Annual Report for the year 2018/19. ___________________ Mr PM Shabane Director-General: Department of Rural Development and Land Reform Date: 26 September 2019 9 COMMUNAL PROPERTY ASSOCIATIONS D) INTRODUCTION Section 17 of the Communal Property Associations The high level of non-compliance with their Act, 1996 (Act No. 28 of 1996) requires the reporting obligation makes it diffi cult for the Director-General of the Department of Rural department to make a thorough assessment of Development and Land Reform to compile a report, the extent to which the objectives of the Act are in each calendar year, on the extent to which the being achieved. Various interventions were made objectives of the Communal Property Associations by the department to remedy this state of non- Act, 1996 (Act No. 28 of 1996) are being achieved. compliance. This report covers the activities that The Minister of Agriculture, Land Reform and Rural were performed by the department in the execution Development is required to table such report in of its mandate in relation to CPAs. Parliament in each calendar year. Regulation 8 to the Communal Property Asso- ciations Act requires CPAs to submit their reports to the Director-General annually and within two months of the date on which its Annual General Meeting was held. 10 ANNUAL REPORT 2018/19 11 COMMUNAL PROPERTY ASSOCIATIONS PART B INSTITUTIONAL ARRANGEMENTS, CHALLENGES AND INTERVENTIONS; LITIGATION, JUDICIAL ADMINISTRATION AND RECAPITALISED CPAS 12 ANNUAL REPORT 2018/19 1. INSTITUTIONAL 1.1.2. Free State ARRANGEMENTS, CPA district forums do not play any signifi cant role. During the period under review, forums only CHALLENGES AND attended AGMs when invited. INTERVENTIONS 1.1.3. Gauteng Province PER PROVINCE There are three district forums namely, North Eastern Region (City of Tshwane Metropolitan 1.1. INSTITUTIONAL Municipality), South Eastern Region (City of ARRANGEMENTS Ekurhuleni Metropolitan Municipality, City of Johannesburg Metropolitan Municipality, Sedibeng In implementing the CPAs Act, the department District Municipality) and Western Region (West has worked with various stakeholders to ensure Rands District Municipality). that the CPAs get maximum support from all stakeholders. Amongst the stakeholders who The forums have had limited value in terms of worked with the department, there are CPA district assisting with challenges facing CPAs because forums. These forums are a structure comprising of a shortage of logistical resources and lack of of CPA representatives, the department and other expertise to facilitate support towards CPAs. stakeholders to support and share success stories with