COMMISSION ON RESTITUTION OF LAND RIGHTS UPDATE

COMMISSION ON RESTITUTION OF LAND RIGHTS UPDATE : PETITION MATTERS to the Portfolio Committee on Rural Development and Land Reform 01 ST SEPTEMBER 2010, CAPE TOWN Under the Rule of Law, The Orderly Way, The Peaceful Way, The Patriotic Way, The Sustainable Way, The South African Way.

CATEGORIES TO PETITION: 1. NON-CLAIMANTS - CONFALSA (HABIB KOOPMAN) IRASA INDIVIDUALS WITHOUT PROOF OF CLAIM FOR: CONSTANTIA, STELLENBOSCH, KIRSTENBOSCH, CLAREMONT/NEWLANDS, KLAWER, GOODWOOD, WINDERMERE/KENSINGTON AND HOUT BAY, ERF 10535, RETREAT: M ADAMS 2. NON-COMPLIANT CLAIMS - RAAPKRAAL 3. FACTION GROUP - DSAC 4. CLAIMANTS - S 1846: MS E SOZAWE A 124 & A 822: G ALLIE AND F BUFFKINS M 1100: A SCHOEMAN N 31: V NXUKUMA AND H KOAHO 2

NON-COMPLIANT CLAIMANTS FACTUAL INFORMATION: J 707 – NIGEL DANIELS Claimants Johanna Willemena Johas No of Beneficiaries 8 Property Description Current Status Settlement Agreement Farm 202, Bredasdorp Rejected: The property was sold before the area was declared a Group Area, furthermore the indicated date on the claim form is 1867, consequently the Restitution requirement not been met. N/A Cost of settlement N/A Overview on implementation N/A Challenges N/A 3

NON-COMPLIANT CLAIMANTS Claimants FACTUAL INFORMATION: J 767 – NIGEL DANIELS Johanna Willemena Johas No of Beneficiaries 8 Property Description Farm 202, Bredasdorp Current Status Settlement Agreement Rejected : The property was sold before the area was declared a Group Area, furthermore the indicated date on the claim form is 1867, consequently the Restitution requirement not been met. N/A Cost of settlement Overview on implementation N/A Challenges N/A 4

NON-COMPLIANT CLAIMANTS Claimants FACTUAL INFORMATION: J 775 - PETER JAFTA Peter Jafta No of Beneficiaries 1 Property Description Portion 66 (a portion of portion 65) of farm Buffelsdrift, Ladismith Current Status Rejected : There is no evidence of State involvement of the dispossession Settlement Agreement N/A Cost of settlement N/A Overview on implementation N/A Challenges N/A 5

FACTION GROUP DISTRICT SIX ACTION COMMITTEE - REPRESENATIVE OF OWNERS THAT DO NOT WANT TO BE REPRESENTED BY DISTRICT SIX BENEFICIARY TRUST – LEGAL ENTITY - OUTSTANDING PROOF OF MANDATE 6

VALID CLAIMANTS FACTUAL INFORMATION: D 655 : CJ DRIVER Claimants CJ Driver No of Beneficiaries 1 Property Description Erven 491, 494, 523, Greyton Current Status Negotiation Stage Settlement Agreement Restoration/Alternative Land Cost of settlement N/A Overview on implementation N/A Challenges Land availability 7

VALID CLAIMANTS FACTUAL INFORMATION: A 124 – G ALLIE & F BUFFKINS Claimants ALLIE ASA No of Beneficiaries 1 Property Description ERVEN 710, 723, 1458 HOUTBAY Current Status VALIDATED Settlement Agreement Restoration NOT YET DETERMINED Cost of settlement TO BE FINALISED ONCE LAND RELEASED Overview on implementation LAND RELEASE Challenges 8

VALID CLAIMANTS FACTUAL INFORMATION: M 1100: A SCHOEMAN Claimants LAMBERTS BAY COMMUNITY CLAIM No of Beneficiaries 1039 Property Description ERF 107 LAMBERTS BAY Current Status SETTLED Settlement Agreement Restoration Cost of settlement R 7 004 665. 00 CHURCH – LAND COMMUNITY – FINANCIAL COMPENSATION Overview on implementation NONE Challenges 9

VALID CLAIMANTS FACTUAL INFORMATION: N 31 – V NXUKUMA & H KOAHO Claimants Nkomo Notopia Ethel No of Beneficiaries 1 Property Description 30 Cannon Street, District Six, Cape Town Current Status SETTLED Settlement Agreement Restoration Cost of settlement ESTIMATED AT R 6 B IMPLEMENTATION AND BUSINESS PLAN Overview on implementation Challenges DELAY IN PROCESSESS 10

VALID CLAIMANTS Claimants FACTUAL INFORMATION: S 1846 – E SOZAWE Sozawe Magaba Ester No of Beneficiaries 1 Property Description Strongyard, Jackalsvlei Estate, Kensington Current Status First Letter Stage – RESEARCH Settlement Agreement Cost of settlement Financial Compensation TO BE DETERMINED AT SETTLMENT Overview on implementation FINANCIAL COMPENSATION PRIORITY LIST Challenges 11

LODGEMENT AND VALIDATION ______________ Restitution of Land Rights Act, No. 22 of 1994 as amended and Rules regarding procedure of Commission in terms of the Act as amended. Cut-off date of lodgement 31 ST DECEMBER 1998 (Section 2. 1. e. ) LODGEMENT (S 10. 1. ) by “any person or the representative of any community which is entitled to claim restitution of a right in land” (who was dispossessed during the apartheid regime) RESEARCH OF VALIDITY OF CLAIM AND BENEFICIARIES (S 11. 1. and S 12 (Rules 5, 12, 13) The RLCC found to claim to be: ü Prescribed in the correct manner ü Claim not frivolous or vexatious Research by legal officers: S 11. 1. c – Gazetting of claim 12

PROJECT CYCLE SETTLEMEN T LODGEMENT VALIDATIO N NEGOTIATION S OPTIONING 13

REJECTED CLAIMS Found to be Non-complaint with Act and Rules, i. e. racial practises, missed deadline for lodgement, etc. Clients require land for agricultural purposes – refer to Provincial Land Reform Act under S 6. 2. b. – “Make recommendations or give advice to the Minister regarding the most appropriate form of alternative relief, if any, for those claimants who do not qualify for the restitution of rights in land i. t. o. Act” (REFERRAL TO OTHER LAND REFORM PROGRAMS) 14

CONDONATIONS (S 11. 2) Claims prescribed in the correct manner, however: ü Handed in at places other than Commission offices before 31 st December 1998: received by the Commission office after the cut-off date. ü Claims were lodged as a Community claim – individuals did not form part of a certain community – claim handled as individual claim ü Individuals lodged claim – during research found to be part of a community, - community claim. 15

CHALLENGES ______________ LAND RELEASE BY MUNICIPALITIES AND OTHER GOVERNMENT DEPARTMENTS INCL PRICE v - CITY OF CAPE TOWN v - DEPARTMENT OF PUBLIC WORKS Ø Ø 3 CONSTANTIA PRINCESS VLEI RETREAT MILNERTON COURT CASES: LAND RELEASED, AGREEMENTS CONCLUDED (S 42 D), AT IMPLEMENTATION – COURT CHALLENGES EG. BOOTH MATTER 16

THANK YOU/ BAIE DANKIE MRS BEVERLEY JANSEN REGIONAL LAND CLAIMS COMMISSIONER, WESTERN CAPE Private Bag X 9163 / 04 TH FLOOR, MATRIX HOUSE, 73 STRAND STREET, 8000 Telephone number: (021) 486 7300 Fax number: (021) 422 3160 E-mail address: Fwilliams@ruraldevelopment. gov. za 17