COMMUNAL PROPERTY ASSOCIATIONS

6.7. Proposed Amendments to the Act
The Department is in the process of introducing the
Communal Property Associations Amendment Bill 2015 to
effect technical and substantive changes to the principal Act.
Amongst other things the amendments will for the first time
create dedicated capacity to enable the Department to
adequately ensure that CPAs comply with their legislative and
constitutional obligations and to manage all aspects relating
to its oversight role. This will be done through the
establishment of CPA Office and the appointment of the
Registrar of CPAs and the Deputy Registrars in provinces.
Through these amendments the members of CPAs will
through legislation be able to have institutionalised use rights
to their land.
To forestall the possibility of untrustworthy individuals
occupying leadership positions in CPAs, there will be
categories of persons that are prohibited from occupying any
elected office in a CPA. Provisions will be included in the CPA
Amendment Bill where people who have been found guilty of
some offenses will not be eligible to stand for elections.
Provisions enabling the registration of Provisional CPAs will be
repealed. There registration of Provisional CPAs and
subsequent transfers of land to those entities has created
administrative challenges for the Department when land has
to be further transferred to permanent CPAs.
The value of land, agricultural assets and other potential business
activities present unique opportunities for CPAs to contribute to
the GDP of this country.
The Bill will ensure that everything is done to create the right
operational environment through support and enforcement
mechanisms in legislation and through properly capacitated
support structures.
The following insertion will be made to the CPA Amendment Bill
in order to give effect to the Wagon Wheel:
“2A In respect of land or property contemplated in Section 2:
(a) the Department shall have a general plan for such property
prepared and approved in terms of the Land Survey Act, 1997
(Act No. 8 of 1997);
(b) the general plan contemplated in paragraph (a) shall outline
portions of the property:
(i) to be used for commercial, business, industrial, investment
and related purposes; and, or
(ii) to which all members of the community will have access;
and
(iii) to be allocated to individual households; and or
(c) the portions allocated to individual households shall be
registered in terms of the Deeds Registries Act, 1937 (Act No. 47
of 1937).”
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