COMMISSION ON RESTITUTION OFCOMMISSION ON RESTITUTION OF LAND RIGHTS LAND RIGHTS

UPDATE : PETITION MATTERSto the

Portfolio Committee on Rural Development and Land Reform01ST 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- RAAPKRAAL3.FACTION GROUP- DSAC4.CLAIMANTS- S1846: MS E SOZAWE- A 124 & A822: G ALLIE AND F BUFFKINS- M1100: A SCHOEMAN- N31: V NXUKUMA AND H KOAHO

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NON-COMPLIANT CLAIMANTS

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FACTUAL INFORMATION: J707 – NIGEL DANIELS

Claimants Johanna Willemena Johas

No of Beneficiaries 8

Property Description Farm 202, BredasdorpCurrent Status 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.

Settlement Agreement N/ACost of settlement N/AOverview on implementation

N/A

Challenges N/A

NON-COMPLIANT CLAIMANTS

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FACTUAL INFORMATION: J767 – NIGEL DANIELSClaimants Johanna Willemena JohasNo of Beneficiaries 8Property Description Farm 202, Bredasdorp

Current Status 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.

Settlement Agreement N/ACost of settlement N/AOverview on implementation

N/A

Challenges N/A

NON-COMPLIANT CLAIMANTS

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FACTUAL INFORMATION: J775- PETER JAFTAClaimants 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

FACTION GROUPDISTRICT SIX ACTION COMMITTEE- REPRESENATIVE OF OWNERS THAT

DO NOT WANT TO BE REPRESENTED BY DISTRICT SIX BENEFICIARY TRUST – LEGAL ENTITY

- OUTSTANDING PROOF OF MANDATE

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VALID CLAIMANTS

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FACTUAL INFORMATION: D655 : 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

VALID CLAIMANTS

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FACTUAL INFORMATION: A124 – G ALLIE & F BUFFKINS

Claimants ALLIE ASA

No of Beneficiaries 1

Property Description ERVEN 710, 723, 1458 HOUTBAY

Current Status VALIDATED

Settlement Agreement Restoration

Cost of settlementNOT YET DETERMINED

Overview on implementation

TO BE FINALISED ONCE LAND RELEASED

ChallengesLAND RELEASE

VALID CLAIMANTS

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FACTUAL INFORMATION: M1100: 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 R7 004 665.00

Overview on implementation

CHURCH – LANDCOMMUNITY – FINANCIAL COMPENSATION

ChallengesNONE

VALID CLAIMANTS

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FACTUAL INFORMATION: N31 – 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 R6B

Overview on implementation

IMPLEMENTATION AND BUSINESS PLAN

Challenges DELAY IN PROCESSESS

VALID CLAIMANTS

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FACTUAL INFORMATION: S1846 – E SOZAWEClaimants Sozawe Magaba Ester

No of Beneficiaries 1

Property Description Strongyard, Jackalsvlei Estate, Kensington

Current Status First Letter Stage – RESEARCH

Settlement Agreement Financial CompensationCost of settlement TO BE DETERMINED AT SETTLMENTOverview on implementation

FINANCIAL COMPENSATION

ChallengesPRIORITY LIST

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 31ST DECEMBER 1998 (Section 2.1.e.)LODGEMENT (S10.1.) 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 (S11.1. and S12 (Rules 5,12,13)The RLCC found to claim to be:

Prescribed in the correct manner Claim not frivolous or vexatious

Research by legal officers:S11.1.c – Gazetting of claim

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PROJECT CYCLE

REJECTED CLAIMSFound 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 S6.2.b.S6.2.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)

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CONDONATIONS (S11.2)Claims prescribed in the correct manner, however:

Handed in at places other than Commission offices before 31st December 1998: received by the Commission office after the cut-off date.

Claims were lodged as a Community claim – individuals did not form part of a certain community – claim handled as individual claim

Individuals lodged claim – during research found to be part of a community, - community claim.

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CHALLENGES

___________________________LAND RELEASE BY MUNICIPALITIES AND OTHER GOVERNMENT DEPARTMENTS INCL PRICE

- CITY OF CAPE TOWN - DEPARTMENT OF PUBLIC WORKS

3 CONSTANTIA PRINCESS VLEI RETREAT MILNERTON

COURT CASES:LAND RELEASED, AGREEMENTS CONCLUDED (S42D), AT

IMPLEMENTATION – COURT CHALLENGES EG. BOOTH MATTER 16

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THANK YOU/ BAIE DANKIETHANK YOU/ BAIE DANKIE

MRS BEVERLEY JANSENMRS BEVERLEY JANSENREGIONAL LAND CLAIMS REGIONAL LAND CLAIMS

COMMISSIONER, COMMISSIONER, WESTERN CAPEWESTERN CAPE

Private Bag X9163 / 04Private Bag X9163 / 04THTH FLOOR, FLOOR, MATRIX HOUSE, MATRIX HOUSE,

73 STRAND STREET, 73 STRAND STREET, 80008000

Telephone number: (021) 486 7300Telephone number: (021) 486 7300

Fax number: (021) 422 3160Fax number: (021) 422 3160

E-mail address: E-mail address: Fwilliams@ruraldevelopment.gov.za