The Portfolio Committee on Rural Development and Land Affairs has learned with disappointment that 82% of the registered Communal Property Associations (CPAs) are non-compliant with the provisions of section 11 and regulation 8 of the CPA Act.
The Department of Land Reform and Rural Development briefed the committee recently on the CPAs’ annual report for the 2023/2024 financial year. The report indicated that there were only eight new CPAs registered in the reporting year under review, bringing the total to 1 742 registered CPAs nationally.
The new CPAs include two in Gauteng, two in the Eastern Cape, two in the Western Cape and one each in Limpopo and Mpumalanga. The department noted that 75% of the registered CPAs were non-compliant with the provisions Act during the 2022/23 financial year, although some are functional.
The committee learnt that the situation worsened in the 2023/24 financial year, as 82% are now non-compliant. This indicates an increase of 7% on non-compliance and this remains the challenge for the department.
The CPA Act No. 28 of 1996 was promulgated to enable communities to be juristic persons, to be known as Communal Property Associations. They are able to acquire, hold and manage property on a basis agreed to by members of a community, in terms of a written constitution.
In terms of section 17 of the Act, the Director-General shall in every calendar year submit to the Minister a report concerning associations and provisional associations and the extent to which the objects of this Act are being achieved and the Minister shall table the report in Parliament.
Among other things, the CPA Act applies to the following communities:
- Where, by order of the Land Claims Court, a community is entitled to restitution under the restitution of Land Rights Act, 1994 (Act No. 22 of 1994), where that court has ordered restitution on condition that an association be formed under the provisions of this Act in terms of (Sec 2(1)…”
- Entitled to or receiving property or other assistance from state in terms of an agreement or terms of law on condition an association is formed in terms of Sec 2(1);
- Approved by the Minister in terms of subsection 2 and to which any property has been donated, sold or otherwise disposed of by any other person on condition that an association be formed under the provisions of the Act. (disadvantaged community and public interest); and
- Approved by the Minister in terms of subsection 2 and which is a group acquiring land or land rights and wish to form an association under the provisions of the Act.
Briefing the committee on the factors contributing to the escalating non-compliance, said department said the issues of non-compliance with the CPA Act and non-adherence with their constitutions vary from CPA to CPA. The committee was told that among the issues are conflicts and disputes amongst members. These vary in nature including family disputes, traditional leadership conflicts, assets and resource management and benefits, including committees refusing to leave office.
The committee also heard about other challenges. These include landless communal property associations and those established only for security of tenure purposes, with no economic activities. Other challenges include the emergence of concerned groups, incomplete claimant verification processes, untraceable members of CPAs resulting in challenges with achieving a quorum for annual general meetings, and overlapping land rights for claimants, farm dwellers or labour tenants on the same piece of land.
In terms of the mitigation measures, the committee heard that the President assented to the CPA Amendment Bill on the 30 September 2024 and it was published in the Government Gazette on 8 October 2024. The Bill has now been passed into law and is awaiting the proclamation date for its application.
The Communal Property Associations Amendment Act 20 of 2018 has assumed most of the administrative functions of the Director-General. These functions have been assigned to the registrar of CPAs. It provides for the following important new provisions:
- the establishment of a Communal Property Associations Office
- the appointment of a registrar of CPAs, deputy registrars and determination of the registrar’s functions
- the registrar with the consent of Director-General must establish a regional office for any area
- provision for general plans for land administration before land can be acquired for a CPA
- provision for improved protection for the rights of communities in respect of movable and immovable property of the association.
Responding to questions from committee members on conflict resolution mechanisms, the department said most issues might not be addressed through policy or legislation, as there are deep divisions and underlying challenges. However, the Act makes provision for, among other things, mediation services and support through a panel of attorneys at state expense in terms of Section 10 of the CPA Act.
The Act also provides for judicial administration at the discretion of the Director-General and the Land Claims Court for CPAs that are administratively dysfunctional. The Act also provides for training on governance and administrative support to the CPA executive committee members and on the drafting of constitutions, regularising CPAs to ensure compliance with the Act and regulations, and CPA investment workshops to empower these entities.
Malentsoe Magwagwa
1 November 2024
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