COMMUNAL PROPERTY ASSOCIATIONS

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DIRECTOR-GENERAL’S OVERVIEW When the Department engages in the final drive, to ensure that all CPAs comply with the Act and Regulations, special emphasis will be placed on those that have been regularized to ensure that they don’t retrogress. This will be done through sustained capacity building exercises in all provinces. At the core of such exercises will be the building of capacity within provinces to ensure that support becomes available where it is needed, at the time it is needed and with minimal costs to the CPAs. The picture of CPAs that has emerged from the pilot phase of regularization, shows that the solutions to the problems facing none-compliant CPAs are varied. The challenges encountered during the regularization phase include the following: inappropriate CPA constitutions, no sense of community amongst members, fights over CPA resources, CPA committees fighting with tribal authorities, lack of management skills, uncertainty about CPA membership, land invasions, delayed transfer of land to CPAs, disregard for allocated individual rights, unceasing litigation amongst members, lack of institutional support, lack of operating capital and poor information management. It is clear that some challenges lie with the entity itself whereas others were created by lack of monitoring and evaluation of the activities of the CPAs. Proposed amendments to the Communal Property Associations Act are aimed at addressing challenges emanating from this lack of institutional support. There will be stricter enforcement of the sanctions provided for in the Act where the departmental efforts are deliberately obstructed by individuals within and outside the CPA in order to create a climate within which the resources of the CPAs can be plundered to the detriment of its members. Both civil and criminal action will be applied where the provisions of the Act are deliberately circumvented. When a CPA has been regularized, the focus will shift to the developmental aspect to ensure that the members derive maximum benefits from the operations of their entity while they make a meaningful contribution to the economy and lessening their dependence on the social welfare programmes of government. 6
PART 2 FRAMEWORK The following documents provide a framework within which the report is compiled. Freedom Charter In its Preamble, the Freedom Charter says: “South Africa belongs to all who live in it, black and white”. Clause 4 of the Charter says the following: The Land Shall be Shared Among Those Who Work It! Restrictions of land ownership on a racial basis shall be ended, and all the land re-divided amongst those who work it to banish famine and land hunger; The state shall help the peasants with implements, seed, tractors and dams to save the soil and assist the tillers; Freedom of movement shall be guaranteed to all who work on the land; All shall have the right to occupy land wherever they choose; People shall not be robbed of their cattle, and forced labour and farm prisons shall be abolished. It is the responsibility of the democratic, developmental state to translate this dictum into a socio-economic reality. Constitution The Constitution of the Republic gives concrete expression to the Freedom Charter and the Ready To Govern Document. In its Preamble it states that: • We, the people of South Africa, • Recognise the injustices of our past; • Honour those who suffered for justice and freedom in our land; and • Respect those who have worked to build and develop our country; and • Believe that South Africa belongs to all who live in it, united in our diversity. We, therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to – Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; Improve the quality of life of all citizens and free the potential of each person; and. 7
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Page 3 and 4: MINISTER’S FOREWORD The Freedom C
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Page 25 and 26: Part 7 PROVINCES 7.1. Eastern Cape
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7.5. Limpopo 172 CPAs registe
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7.6. Mpumalanga 347 CPAs reg
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7.7. Northern Cape 74 CPAs r
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2. Non-Compliant CPAs CPA NAME Reg
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7.8. North West 159 CPAs regi
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Compliant CPAs in 2014/15 CPA NAME
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PART 9 CONCLUSION There is a dire n
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