The Portfolio Committee on Rural Development and Land Reform kick-started its nationwide public hearings in Clanwilliam today (Tuesday, 1 August 2017) for the purposes of obtaining public views on the Communal Property Associations (CPAs) Bill [B 12 – 2017].

The need for amendments pertaining to compliance with the legislation and better implementation became evident throughout the hearings as the community of Clanwilliam raised its concerns with current functioning of CPAs. The community of Elandskloof became a prime example where failing CPAs, which have been placed under administration, have hampered development of the people and the community. Various speakers raised concerns with the management of CPAs, which they believe are often influenced by local political structures.

The Committee heard, among other concerns, how properties under CPAs management are often rented out without the consent of the beneficiaries; how the constant change of CPAs management structures negatively impact the running of CPAs and the conflict that often exists between the CPAs management and the Trust appointed to the CPAs. The Ebenezer community was highlighted as a prime example where miscommunication and lack of trust between CPAs and the Trust have hampered decision-making and development progress. Delegates from both the Elandskloof and Ebenezer community thus highlighted the need for monitoring and inspection of CPA and Trust decisions and the impact of these on beneficiaries.

Another major concern raised during the public hearings relates to the lack of funding for CPAs and the mismanagement of funds. The Elandskloof community raised concerns about the need for funding but also the need for these funds to be managed in a way that the lives of CPAs beneficiaries may be improved, which is currently not happening in Elandskloof. Participants said the financial management of CPAs should be brought under close scrutiny since there is a great need for additional funding to ensure that CPAs function at optimal level.

The Committee Chairperson, Ms Phumuzile Ngwenya-Mabila, reiterated that the objectives of the proposed amendments to the CPA Bill are to protect the rights of beneficiaries. The proposed amendments encourage involvement from the community in decisions that affect them and the selection of representatives who are supposed to administer the land on their behalf. The Committee discouraged the intervention of local political structures in CPAs unless officials are beneficiaries in these CPAs. The beneficiaries of communal properties are to decide whether they want to establish a CPA or a Trust, and these decisions should not be influenced by others; and decisions taken by these bodies should be beneficial to the people in the community.

The issue of monitoring and inspection has been proposed in the amendments as part of the establishment of an office dedicated to CPAs operations. Many of the issues raised during the public hearings have already been proposed as amendments in the Bill and others that have been highlighted today will be deliberated on.

By Felicia Lombard

1 August 2017