Government Memo on Claimed Farms - Part 1 - Copy

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Ii 1\ 120~1 g<?1 rA:J;~DEPARTMENT:LANDAi=FAIRS lyo'.· 1-""}!.J~ I - REPUBLIC OF SOUTH AFRICA .' .• •

\i ~ ;~········ttfi!·a..~ , _ _._ __ _.-II -...;. ROUTE FORM.~~ ..li+ v~I ' l!J' Departmental Referelice: KRP 626~"

SUBJEo"t:

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"SUBMI$siQ,N'IN TERMSbF SECTION 42D OF THE RESTITUTION OF LAND. RIGHTS ACT, 1994 (ACTNb. 22 OF 1994) AS AMENDED FOR FINALISING

THE MATTER OF THE MAKGATO TRIBE CONCERNING THE FARMS: .KLE!NBEGIN 833 LS AND WEESKIND 786 LS;' PORTION 1 OF THE FARMWATERVAL 785 l.S; AND REMAINING EXTENT AS WELL AS PORTIONS 1, 2,3,4 AND 5 OF lfHE FARM SMITS'~RAAL786 LS SITUATED IN THE CAPRICORNDISTRICT OF LIMPOPO

REQUEST: APPROVAL

NOTE: Route Form must be filed with completed documeutalion.

OFFICE: RLCC-UMPqpo~AS-:-I.3~·~

Adv. R Bester

Ms S Sililo-Tshishonga

Ms AT Didiza

Ms S N 0 Choane

Adv. R Bester

Mr T T Gwa::::n~y~a ~~~~~+;--.l-+ --Mr D C Bestbier

01 INCLUDED

Mr M Mokono

Mr B.R Shilote

Ms P Mangotlo

--------------1S~O C-+l.O~QF-..e ....p-M . iet1€le ..,------

MINisTER

A STIFFY NUMBER:.

EXECUTIVE ASSISTANT

RL.CC: LIMPOPO

NEGOTIATOR/AUTHOR

DIRECTOR GENERAL

OIH: EXECUTIVE SERVICES

. CH!EF OF STAFF: MINISTRY

~~EF::::::EMENTCHIEF FINANCIAL OFFICER

DIR: EXECUTIVE SERVICES

.,~SSISTANT:CLCC's Office

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COMMISSION ON RESTITUTION OF LAND RIGHTSIKHOMISHANA YOKUBUYISELWA KWAMALUNGELOOMHLABAKOMISHINIE MABAPI LE PUSETSO YADITSHWANELQ TSA LEFATSHEKOMMISSIE OP HERSTEL VAN GRONDREGTE ,.

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Regional Land Claims Commission: Limpopo •Private Bag X 9552, Polokwane, 0700 - Tel: (015) 287 0800; Fax: (015) 287 0811-' .

MEMORANDUMSUBMISSION IN TERMS OF SECTION 42D OF THE RESTITUTION OF LAND RIGHTS ACT, 1994(ACT NO. 22 OF 1994) AS AMENDED FOR FINALISING THE MATTER OF THE MAKGATO TRIBECONCERNING THE FARMS: KLEINBEGIN 833 LS AND WEESKIND 786 LS; PORTION 1 OF THE·FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1, 2, 3,4 AND 50FTHE FARM SMITSJ<RAAL 788 LS IN THE CAPRICORN DISTRICT OF LIMPOPO·

'Ref~rence: KRP 6261•i MINISTER

1. PURPOSE

1.1

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1.4

1.5

1.6

1.7

To inform the Minister of the negotiations process and proposed settlement of the firstphase of the Makg(3to Tribe land claim.

To inform the Minister' of the certification of the agreement between the parties in theabove land claim by the Regional Land Claims Commissioner for the Limpopo: MashileMokono in terms of Section 14(3) of the Restitution of Land Right Act 22 of 1994, asamended.

To request the Minister to approve the Settlement Agreement reached by the parties interms of Section 420 of the ~estitution of Land Rights Act 22 of 1994 as amended.

To request the Minister to approve a total amount of RJiA63 000.00, RL622 24-0.00and R.1.6 982 838.00 for ROG, SPG and purchase of land respectively, as per theSettlement Agreement proposed herein.

To request the Minister to authorise the Regional Land Claims Commissioner forLimpopo, Mashile Mokono or his nominee to sign the SeHle-ment Agreement, SaleAgreements as well as the necessary property transfer and registration documents onbehalf of the State.

To request the Minister to approve that the Makgato Communal Property Association,to be registered in respect of the Makgato Tribe land claim, should upon registration bythe Dir~ctoLG.e..neral take transfe!. of the farms Kleinbegin 833 _L~, SJ!.1Jtskraal andWeesklnd 786 L.S as well as Portion 1 of the farm Waterval 785 LS.fO""""""request the Minister to authorise- that a request for additional funding fordevelopment support in terms of Section 42C of the Restitution of Land Rights Act 22of 1994, g§ amended, be submitted at a later stage once a Land-use and DeveloRm~nt_

.Plan has been compiled. .

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suir.IISSION IN 'fERI!.S OF SECTION 420 OF TIlE RESnTlJTlON OF LAND RIGHTS ACT, 1994 (ACT NO. 22 OF 1994) AS AMENOEO FOR FINALISING THE MATl'ER OF THE MAKGA10 TRIBE. COI~CERNING TIlE FARMS KlEINBEGIN B3JlSANOWEESKIHD 7BGlS: PORTION I OF THE FARM WATERVAL 7B~ LS: AND REMAINING EXTENT AS WELL AS PORTIONS t, 2, 3, 4 AND 5 OF

lHE FARM SMITSKRMl 7M lS, SnUATEO IN TIlE CAPRICORN DISTRiCT MUNICIPAU1Y OF LIMPOPO.

2. INFORMATION WITH REGARD TO THE CLAIM

2.1 Claimants profile and verification

2.1.1 The claimants are the Makgato Tribe consisting of original members of thedispossessed Tribe and some of the direct descendants thereof.

2.1.2

2.1.3

~nal La~ Claims commissjQna~ointed Swaranang Management.~onsulting to veiify alLclaimam households .~E}~ficiarie~_ A verified list of allhouseholds was adopted on the 1Olh of December 2003 by all the bona-fide claimantbeneficiaries.

The claimants still maintain a significant contact with the land through the practice ofrituals at the ancestral graves. According to the research conducted by the RegionalLand Claims Commission, there are five Chiefs of the Makgato Tribe who have bee1l1,E.,.uried on the farm Magata~16 LS and evf}fY. year the Tribe visits the graves t!£J It;perform rituals. .' .. -' 'J:.

2.1.4 De RLCC: Lim[Jopo appointed Ramothwala & Lenyai Incorporated Attorneys to assist..the Tribe in establishing and registering' a legal entity to take possession of the .Iandl-lpon finalisation of the claim. A legal entity by the name of Makgato CommunalProperty Association has been adopted by the claimants and is in the process ofbeing registered with the Director-General of the Department of Land Affairs

Please find a copy of the list of verified members of the Makgato Tribe attached as Annexure "A"-" .' . \.

2.2 DESCRIPTION OF THE LAND

2.2.1 The claimed land is composed of the farms: Qoornlaag!e 787 LS, l=eerste Geluk 790j&, 'yrede 789 L~, .Klein Begin 833 LS, ,Mooiplaats 815 LS, VLeeskind 786 LS,Kleinfontein 834 LS (now known as the farm Bloemspruit 871 LS), Blinkwater 784 LS,.Uitval 817 L§., Droogegrond 814 LS (Portion 2 is now part of the farm Zet Zoet 878.LS), Zillldbult 813 LS (now part of the farm Aalwyn 880 LS), Magatasfxuit 816 LS,"Rietgat 836 LS, nSrnitskraal 788 LS, Wilgeboschfontein 81~, §joemtuin 828 LS,yvaterval 785 LS and ~eluk 783 LS in the Capricorn District of limpopo.

Copy of a Locality Map is attached as (Annexure "B")

"-2.2.2 The Makgato Tribe initially lodged a claim on 44 farms (Annexure "C1 "). During t~e

research interactions with the Regional Land Claims Commission: Limpopo, it wasfound that the Tribe had been dispossessed of some of the farms prior to 1913. l"heMakgato Tribe then reduced the number of claimed farms to 19 as evidenced byAnnexure "C2". of

2.2.3 However, during further investigations, the RLCC: Limpopo found that the farmKall<fontein 812 LS had also been claimed by the Madibeng Community. After somedeliberations with the Madibeng Community, the Makgato Tribe withdrew its claim onthe farm Kalkfontein 812 LS as attested to by a letter of withdrawal written to theRegional Land Claims Commission: Limpopo (Annexure "C3"). - ,__.

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SUBMISSION IN TERMS OF SECTION 420 OF THE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 1904) AS AMEND!iD FOR FINALISING THE MAnER OF THE MAKGATO TRIBECONCERNING ll;lE F:"RMS KLEII'SEGIN 933 LS AND ViEESKIND 7ge LS; PORTION I OF TIlE FARM WATERVAL 795 LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1.2.3.4 AND 5 OF

, THE FARM SMITSKRML 7B6 LS. SITUATED IN THE CAPRICORN OISTRICT MUNICIPALITY OF liMPOPO.

2.2.4 Some of the farms that have been claimed by th.e Makgato Tribe have since beenconsolidated into completely new farms. The consolidations are described~ inAnnexure "C4".

2.2.5 The Mak ato Tribe used to describe its land in terms of various headman wards suchas Ga-Ratau, . a-NtSimpa~, Makgwana, .Bokgob~la, just to name a few. The mostcommon feature through which the claimants descnbe their ancestral land is a hill onthe farm Magataspruit 816 LS on which five of their earlier chiefs have been buried.f hief Makgato's headkraal or mosate used to be on the said hiiD . \..

2.2.6 The claimed land is generally situated between the town of Soekmekaar on the north,the town of Munnik and Ga-Dikgale village on the.east, the N1 road from Polokwane toMakhado on the west and the South African National Defence Force RoodewalBombing site on the south.

2.2.7 The details of the land claimed by the Makgato Tribe are as follows:

Portion Owner Title deed Extent Endorsements Holder1. The farm Knott John T~8145/1972 685.5453 H 1407/1979C None

Doornlaagte Theunis-787 LS Administrators

2. The farm Patricia L.ang T65311/1989 1161.6273H 824331/1998 LandbankKlein Begin833 LS I 843758/1990 Landbank

3. The ·farm Jahan Le Raux T8332/1999 775.5555H 1<431/1978RM GrimmerMooiplaats Trust Ena Mostyn815 LS

4. The farm J&D Chickens T59531/1989 246.0331 H K115/1945RM No detailsWeeskind CC .. _.786 LS

.. '-5. R1E af the Vanzyls Rust T98809/1997 308.9811 H 877358/1997 Eerste

farm 80erdery PTY NasionaleBlinkwater LTD Verbandbe784 LS noemdes

PTY LTD

K702/1972S No details\.

6. ptn 1 of the Vanzyls Rust T98809/1997 300.9(325 H B77358/1997 Eerstefarm Boerc!el y PTY NaslonaleBlinkwater LTD Verbandbe784 LS noemdes

PTYLlO

K702/1972S No details

K2738/1938S No details..

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., SU!'MIS:l10N IN TERMS OF SfPIO>l 420 OF THE REsnnmON OF LAND niGHTS ACT. 1994 (ACT NO. 22 OF 1994) AS AMENDED fOR FINALISING THE MAnER OF THE MAKOATO TRIBE

CON~RNING TljE FI\.RMS KLEINBEGIN 833 LS ANDWEESKINo 78SLS: PORno/II OF THE FARM WATERVAL 765 LS: AND REMAINING EXTENT AS WELL AS PORTIONS f, 2, 3, 4 ANO 5 OFTHE FARM SM'TSKRAAL 7ee LS, SITUATED I~I THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO. .

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7. RJE of the Vanzyls Rust T98809/1997 292.3594 H 877358/1997 Eerstefarm Uitval Boerdery PTY~;' Nasionale817 LS LTD (,,'1 ,

"~.I Verbandbe"lY\ \.I,~ noemdes- PTY LTD.",".-- .('.:., ,

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K823/1971 S No details

8. Ptn 1 of the Vanzyls Rust T98809/1997 292.7290 H 877358/1997 Eerstefarm Uitval Boerdery PTY Nasionale817 LS LTD.~Verbandbe

noemdesPTY LTD-;:'


B108509/2002 Firstrand8ank LTD

9. Ptn 1 of the Acotech T102995/2002 256.9596 H 873499/2002 Henryfarm International James \Droogegron Hunting Safaris 8adenhorstd 814 LS PTY LTD



10. RJE of the Droogegrond T98803/'i 897 458:1596 H K1192/1972S No detailsfarm 8roedery PTYDroogegron LTDd 814 LS

11. RJE of the Jan Hendrik T50833/1969 678.2085 H] K2869/2001RM AngloFarm Viljoen- OperationsRietgat 836 Administrators LTDLS



12. Ptn 1 of the Jan Hendrik T23334/1968 555.2112 H None Nonefarm Rietgat VilJoen-836 LS Administrators

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-,'J 3. Ptn 2 of theLandbank

..Michiel Joshua T77445/2000 506.9192 H B40782/2000farm Rietgat PotgHer836 LS

840782/2000 ElisabethGertruida____.l-.

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SUBMISSION IN ,,~RM~ OF SECTION 420 OF THE HESmUTION OF VlNO RIGHTS Acr, 1994 (ACT NO. 22 OF 1994) AS AMENDED fOR F"~ALlSrNGTHE MAnER OF THE MAKGATO TRIBECONCERNING TIIE'FARMS KLEINBF.GIN 833LS AND WEESKINO 788 LS; POflTION 1OF THE FMM WAIERVAL76S LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1,2, J, 4 AND 5 OFL THE FAnM SMllSKilAAL 7€8 LS, SITU/,TEO I;~ TIlE CAFflICOP.N DISTRICT MUNICIPALITY OF LIMPOPO.

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Van Der,

Linde

B40784/2000 Landbank


K5957/1997S'"

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14. Ptn 3 of the Dikgale T98802/1997 685.2313 H B50397/2001 Landbankfarm Rietgat Boerdery PTY836 LS LTD

15. Ptn 4 of the Dikgale T98802/1997 685.2256 H 850397/2001 Landbankfarm Rietgat Boerdery PTY836 LS LTD

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16. Ptn 5 of the Zohra Khalum T114419/1999 7.0000 H NO,ne Nonefarm Rietgat .A,darn &rnohamed KhanAdam

17. RlE of the Allan Ivy Trust T10259/1993 1460.6573 H K1487/1969S No Details ..farm~-

Smitskraal K1569/1973S No details788 L8

K4566/2002S No Details

K4553/19988 No details

18. Ptn 1 of the • Marie T338/1993 and 513.9192 H B662/1993 RSAfarm Louisa & T59531/1989 ~---.

Smitskraal Martinus K2146/1987S No Details788 LS JohannesVan Zyl and K32/1993S Marthlnus• J&D JohannesChickens'

, , Van ZylCC

19. Ptn 2 of the Allan Ivy Trust Tl0261/1993 514..0828 H B11792/1999 Nedcorfarm .- ~ BankSmitskraal

"788 L8

20. Pin 3 of the Allan Ivy Trust T10259/1993 530.3121 H B11792/1999 Nedcorfarm -"';'-'--

Bank.Smitskraal788 LS


K4566/2002S No Details,

K7874/1996S No Detail s

21. Ptn 4 of the Allan Ivy TrusJ T10259/1993 506.2895 H None None

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SUBI;USSION IN'TERMS OF SeCTION 420 OF THE RESmVTlON OF LAlm RIGHTS ACT, 1904 (ACT NO. 22 OF 1994) AS AMEND~D FOR FINALISING THE MAnER OF THE MAKGATO TRIBECOIICERNING lIIE FARMS KLEINBEGIN BJ3LS AND WEESKIND 766 LS; PORTION I OF THE FARM WATERVAL 7BSLS; AND RE~fAININGEXTENT AS WELL AS PORTIONS 1,2,3,4 AND 5 OF

• ' • ltIE FARM SMITSKf1AAL 7BB LS, SITUATED I!HHE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.

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farm,Smitskraal788 LS

22. Ptn 5 of the Allan Ivy Trust T10259/1993 514.5009 H K7874/1996S No DetailsfarmSmitskraal788 LS

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23, RlE of ptn 1 Tiveka Stella T56752/2000 253.9746 H B33878/2000 Land Bank .'

of the farm' and RisimatiWilgeboschf Samson Baloyiontein 818LS

24, RlE of ptn 2 Oldreive Frank T3130/1977 1715.3965 H None Noneof the farm LockWilgeboschf \.ontein 818LS

25. Ptn 3 of the Vanzyls Rust T98809/1997 1184.3311 H B77358/1997 Eerstefarm Boerdery PTY NaslanaleWilgeboschf LTDVerbandbeontein 818noemdesLSPTY LTD ..

26. Ptn 4 of the Schalk Willem T42359/2001 342.2831 H B30763/2001 Absafarm Joubert VanWilgeboschf Niel<erkonteln 818LS

27. Ptn 5 of the Transnet LTD T7882/1929 1.9900 H None NonefarmWilgeboschfontein 818LS

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28. Ptn 7 of the Kgadima Trust T5393/2001 30.1075H None NonefarmWilgeboschfontein 818 ~.

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29. Ptn 8 of the Kgadima Trust T5393/2001 30.1082 H None NonefarmWilgeboschfontein 818LS

30. RlE of ptn 1 Transnet LTD T77651"1911 3.1878 H None None 1,.of theBloemtuin

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SU8MISSION IN·TERhIS OF S~CHON (20 OF mE ItESTlTUlION or LAND RIGHTS ACT. 1994 (ACT NO. 220F 19"') AS AMENDEO FOR FINALISING TliE MilnER OF TliE MAKGATO ml8ECOl;CERNING THE FARMS KLEIN8EGIN 83JLS AIIO WEESKIND 16OLS: PORliON 1 OF TliE FARM WATmVAL 185 LS; AND REMAINING EXTENT AS WELL AS PORTIONS t, 2.3.4 AND 5 OF

THE FARM SMITSKnAAL 166 LS, SlTUATED IN THE CAPRlcoml DISTRICT MUNICIPALITY OF LIMPOPO,

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828 LS

31. Ptn 2 of the .VILL~..,E

Munnik Farmers T3477/1932 2.0071 H None None~ Bloemtuin LTD828 LS

32. RlE of ptn 3of the v Mark Ivy Trust T10262/1993 569.2084 H None NoneBloemtuin ..

"828 LS.. '

33. 'Pln 4 of the VII....LI'Tt:-GT9852/1921 1.8016H None NoneMunnlk Farmers

Bloemtuin LTD828 LS

l.J IU--·q,C~1 C34. Ptn 6 of the Vanzylsrust T89211/1997 8094.0000 None NoneBloemtuln Boerdery PTY m2

828 LS LTD

35. RlE of ptn <J 2996 m2 None \.Mark Ivy Trust T10262/1993 . None17 of the I

farmBloemtuin828 LS

36. RJE of pin <") Mark Ivy Trust T103399/199 1707 m2 None None ..19 of the : 6farmBloemtuin828 LS

37. RJE of ptn Mark Ivy Trust T103399/199 9520 m2 None None20 of the 7 6farm .Bloerntuin828lS

38. RlE of pin . Mark Ivy Trust T103400/1996 106.7527 H None None21 of the 7farm \

Bloemtuin828 LS

39. RJE of the Jacohus Adam T57994/1991 248.3087 H B66543/1991 Landbankfarm Jacobs .'Waterval K1126/1972S No Details785 LS

K974/1997S No Detais

40. Pin 1 of the • Tsakane T132467/1998 312.5547 H B93686/1998 Landbark.farm Leah andWaterval Nlsanwisi K1528/1997S No Detais785 LS Godfrey \

Heliscme K2010/1986S No Detals• Georg----

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, .. . SU~MISSION IN.TER!1S OF SECTION 420 OF THE RESTITUTION OF LANO RIGHTS ACT, 1994 (ACT NO, 22 OF 1994) AS AMENDED FOR FINALISING THE MAnER OF THE MAKGATO TRIBE' CONCERNING THE FARMS KLEINBEGIN 833 LS AND WEESKIND 788 LS; PORTION 1 OF THE FARM WATERVAL 785lS; AND REMAINING EXTENT AS WELL AS PORTIONS 1.2.3,4 AND 5 OF

' THE FARM SMITSKRMl 788 LS, SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LlMPOPO,

Frederick K5872/1998S No DetailsJacobusCranje K996/1973S No Details

-'41. Ptn 2 of the Willem Jacobus T31503/1996 292.7728 H B31763/1996 Landbankfarm De Villiers--~

Waterval K1126/1972S No Details "785 LS

K162711987S No Details

42. Ptn 3 of the Willern Jacobus T31503/1996 292.7728 H B31763/1996 Landbankfarm De VilliersWaterval K1126/1972S No Details785 LS \ .


43. Ptn 4 of the Jacobus Adam T57994/1991 292.7728 H B66543/1991 Landbankfarm JacobsWaterval K3859/1985S No Details785 LS

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44. Ptn 5 of the Georg Frederick T14054/2003 44.4642 H None Nonefarm Jacobus CronjeWaterval785 LS

45, Phi 1 of the No Details No Details 249.8218 H K2743/1985S No Detailsfarm Geluk783 LS K8772/1996S No Details

46. RlE of ptn 4 Bloemtuln T126962/2001 1002.4458 H None Noneof the farm Boerdery PTYMagatasprui LTDt 816 LS

47. Ptn 6 of the Bloemtuin T126963/2001 745.0435 H B85370/200 1 Flrstrandfarm Boerdery PTY Bank LTDMagatasprui LTDt 816 LS ..

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48. Ptn 7 of the Bloemtuin T126963/2001 1002.4484 H B85371/2001 Flrstrandfarm Boerdery PTY Bank LTDMagatasprui LTDt 816 LS

49. The farm Droogegrond T126971/2001 306.1455 H B77351/1977 EersteAalwyn 880 Boerdery PTY NaslonaleLS LTDVerband~e

<, .

noem

B77352/1997 EersteNaslonaleBank

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. SUtlMISSION IN,TER/AS OF SECTI~N 420 OF THE flESTITUTIOflOF lAlla RICHIS ACT. 1994 (ACT NO. 22 OF 1994) AS AMENDED FOR FINALISING IHE MAnER OF THE MAKCATOTRI8ECONCERNING THE FARMS KLEINUEGIN all LS AND WEESI<Il'D 1a3 LS: PORTIO,"' \ OF THE FAI<M WATERVAL 785 LS: AND REt.1AINING EXTENT AS WELL AS PORTIONS 1 2 3 4 ANO B OF

HiE FARM SMITSKIlML 7aa LS. SITUATED IN lHe CAPRICORN DISTRICT MUNICIPALrTY OF LIMPOPO. • ••

885372/2001 FNB-.'

50. The farm Droogegrond T126970/2001 396.5350 H B85373/2001 FlrstrandZet Zoet Boerdery PTY Bank LTD878 LS LTD

51. R/E of the Droogegrond T126966/2001 834.7283 H 88537412001 Flrstrandfarm Boerdery PTY Bank LTDBloemspruit LTD871 LS \.

52. The farm Anobek PTY T57345/1994 460.9024 H K1871/1984S No DetailsVrede 789 LTDLS K5676/1991 S No Details

53. Ptn 1 of the Anobel< PTY T8164/1981 466.2578 H 810565/1984 Volkskasfarm Eerste LTDGeluk 790LS

2.2.8 However, .l.here are still disputes regarding the validity of the claim between the RLCCflnd landowners on some of the abovementioned properties. Furthermore, §9me of thUlandowners have recently changed their stance and opted to sell their properties.andjbus such properties are still in the process of being valued and will be settled at aJater stage.:. .

2.2.9 The Regional Land Claims Commission: Limpopo is of .the opinion that finalisation of.the Makg~Tribe land claim on properties belonging to willing sellers should not be.held to ransom by the unwilling sellers. Therefore, at this stage only the follo~in_g

J?roperties, ~hich belong to the willing sellers, will form part of the SettlementAgreement proposed herein:

Portion Owner Title deed Extent Endorsements Holder.-

1. The farm Patricia Lang T65311/1989 1161.6273H B24331/1998 Landbank;Klein Begin833 LS 843758/1990 Landbank

2. The farm J&D Chickens T59531/1989 246.0331 H K115/1945RM No detaijsWeesl<ind CC786 LS

3. RlE of the Allan Ivy Trust T10259/1993 1460.6573 H K1487/1969S No Deta\1sfarmSmitskraal K1569/1973S No details788 LS


K4553/1998S No detals

4. Ptn t of the • Marie T338/1993 and 513.9192 H 8662/1993 RSAfarm Louisa & T59531/1989Smitskraal Martinus K2146/1987S No Details

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" , S'Ul!MI~SION IN TERMS OF S'ECTI~N 420 OF THE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 1994) AS AMEND!;.D FOR FINALISING THE MATTER OF THE MAI<GATO TRIBECONCERNING THE FARMS I<LEINBEGIN 933 LS ANDWEESI<IND 786LS. PORTION 1 OF THE FARM WATERVAL 785 L$; AND REMAINING EXTENT ASWELLAS PORnONS 1,2.3.4 AND 5 OF

THE FARM SMITSI<RML 780 LS. SITUATED IN TIlE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.

surveyed in the 19th Century and since then haye changed hands from one white'owner to another. In practice, this did n~t mean anything to the Tribe as the Tribecontinued to live on the land unmolested until white landowners began to demarcatethe land by means of fences in the 20th Century.

2.3.3 The Natives Land Act, '1913 (Act No. 27 of 1913), hereinafter refe"rred to as the NativesLand Act, entrenched the dispossession of the Makgato Tribe of its title to the land as itdeclared the farms claimed by the Tribe to be part of land that fell outside the areaScheduled for occupation by "natives", In terms of the Natives Land Act, the farmsformed part of the land that fell within a so-called white area. The aforementioned Actensured that the Makgato Tribe was never to have an opportunity to own the land asthe land was set aside for occupation by white persons.

2.3.4 This stark disadvantage practically manifested itself in 1922 when the Makgato Tribe'sapplication to purchase the farm De Smits Kraal No. 85, now known as Smitskraal 788LS, was turned down by the government of the time on the basis that the farm wasoutside the Native area. A letter written by the Secretary of Native' Affairs on 18October 1924 (Annexure '0') attests to this fact. In the said letter, the Secretary: forNative Affairs indicated that :In 1922 Chief Klein Makgato made application for]permission to purchase "De Smits Kraal" No. 85.:, The application was refused, ,havingregard to the fact that the property is not situate in the accepted Native area."

2.3.5 As a result of the aforementioned position of the government at the time, somemembers of the Makgato Tribe were given notice to leave the farm De Smits Kraal No.85 in 1925 and the Secretary of Native Affairs had the following to say in his letter tothe Sub-Native Commissioner of Pietersburg dated i h November 1925 (Annekure'01') "I must confess that I do not share your sympathy with these Natives, who haverepeatedly been given notice to quit the farm, but have shown themselves recalcitrant.They have only themselves to thank for the action Which has been taken against them.There is no objection to their taking up residence on the farm "Wesel" No. 981, whichlies in the accepted Native area ... " It was against the backdrop of this type of attitudefrom the government of the time that 36 households from the Makgato fribe ,~

(Annexure '02't were dispossessed of their land rights on the farm Smitskraal 788 LSin 1925.

2.3.6 Although individual members of ihe Makgato Tribe were forcefully removed fromvarious farms at different times, the final removal of the Tribe and its finaldiSPossession of its land rights took place in 1962 _after the Native Affair~<.Commissioner of Soekmekaar held a meeting with Chief Ma~ato and his follower~.from various farms on the· 03rd of July 1962, The Minutes of the said meeting(Annexure '03') indicate that the said Native Affairs Commissioner informed theMakgato Tribe. that it had to move to the farm Klipplaatdrift because the .LaboJ![Tenants Control..Qouncil had allowed Mr. Ivy, the owner of the farm Smitskraal 78B LS,a number of only 36 families to reside on his farm on labour tenancy basis.

The other families had to move. He further intimated that if the Tribe did not move toKlipplaatdrift then its members would be scattered on various white farms and thatwould lead to the dissolution of Chief Makgato's chieftaincy.~6th of JulX 1962,,Mr Hubert Ivy confirmed the Native Affairs Commissioner's statement with regard to~ restriction imposed by the Labour Tenants Control Council in a letter he ""rote !Q..

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13

.,~(JBMISSION III TERMS OF ~ECliON 420 OF THE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 1664) AS AMENO~O FOR FINALISING THE MAnER OF THE MAKGATO TRIBE

CONCERNING THE FARMS KLEINBEGIN 6JJ LS ANOWEESKIND 766 LS; PORTION 1 OF THE FARM WATERVAL 765 LS: AND REMAINING EXTENT AS WELL AS PORTIONS 1, 2. J. 4 AND 5 OFTHE FARM SMITSKRAAL 766 LS. SITUATED IN THE CAPRICORN DISTRiCT MUNICIPALITY OF LIMPOPO.

Chief Makgato (Annexure '04'). In terms of the sqid letter, the reason for the removalof the Tribewas that the government told Mr. Ivy that he had too many families on. hisfarm and thus he had to reduce the number. .

2.3.7 Soon after the meeting with the Native Affairs Commissioner: Soekmekaar, ChiefMal<gato and his followers were loaded onto trucks and dumped on the farmKlipplaatdrift 508 LS next to the Machaka Tribe at Matoks. The removal of the Chiefwas the final blow to the Makgato Tribe in terms of the erosion of its land rights on theland it had occupied for more than a century.

2.3.8 Note should be taken of the fact that the Makgato Tribe occupied the land under claimfrom time immemorial. The farm Magatasgruit 816 LS was named after the Makgato.Tribe. This farm w§.s thelleadkraal (mosate) of the Tribe. The presence of the Tribe onthe land under claim was acknowledged as early as 1864 when the farm Magataspruit816 LS was surveyed. Ibis acknowledgement was confirmed by Mr. S. Waller of the..Department of Native Affairs in his memorandum to the Senior Administratb@ Officer Qfthe same Department, dated 21 August 1957 (Annexure '05'), when he quoted theSurveyor's remarks on the Title Deed as follows: "Geinspecteurd op heden den 20stenApril 1864 voor de Burger A.H. Potgieter de plaats genaamd Magataspruit gelegennaby de Kaffer Kapitein Zyn kraal. .. "

2.3.9 The Chief Ralheledi Makgato referred to in Annexure '05' was born in 1862 on the.Iand that became the farm Magataspruit 816 LS in 1864 and this fact is attested to byj:lis Death Certificate (Annexure" '06') as well as a communique by the NativeCommissioner: Soekmekaar, dated 3M July 1957, to the Chief Native Commissioner:

'?ietersburg (Annexure '07]. The said communique also corroborates the assertionthat the Makgato Tribe occupied a large area of land as well as the fact that the Tribeoccupied the land for a very long time as it is mentioned that fhief Makgato's greatg,randfstber was a~f over the area t~tretched from Munnik to Matoks Locationprior to the arrival of white people there.

", Furthermore, in his letter to the Chief Native Affairs Commissioner: Pietersburg, dated18 July 1962, the Native Affairs Commissioner: Soekmekaar Indicated that: ''Verderwas daar ook omtrent 70 ander bantoe volgelinge van hom vanaf ander plase. Hulle isalmal plakkerdiensbodes wat hulle kontrakte moet uitdien· en hulle is meegedeet: datKaptein Makgato en sy mense wat kennis gekry het eers gehelp moet word" "(Annexure '08'). This statement by the Native Commissioner: Soekmekaar attests tothe fact that the members of the Makgato Tribe were found on several farms.

The removal of the Chief on the farm Makgatospruit 816 LS led to the loss of landrights on the other farms that were occupied by members of the Makgato Tribe as theyhad no other option but to follow their Chief to the farm Klipplaatdrift 508 LS. This factshould be understood in the context of a statement made by the Under-Secreta'v-yofNative Areas on 19 September 1958 in a report to his Minister when he wrote thus:u ...volgens mnr. Ivy is daar by hom op Makgatospruit 'n 82 Makgatofamilies en I:>y sybroer op Smitskraal 'n 25 families. Die twee groepe vorm tans die kern van die stam"(Annexure '09'). lhis meant that the Tribe's members who were living on the I=rm~Makgatospruit 816 LS and Smitskraal 788 LS formed the Tribe's nucleus. .N- 'T~

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• 0.,,-----,-----:-------------------------------,

"SUBMISSIOIHN TERMS O~ SEC110N 420 OF THE RESTITUTION OF L/\ND RIGHTS ACT. '994 (ACT NO. 22 OF '994) AS AMENDED FOR FINALISING THE MAnER OF1HE MAKGATO TRIBECONCERNING THE FARMS KLEINBEOIN 833 LS AND WEESKIND 7e6 LS; PORTION' OF THE FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WELL AS P0R110NS 1.2.3. 4'AND 5 OF

THE FARM sMnSKRML 7e8 LS. SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.

2.3.10 The fact that the aforesaid group formed the nucleus of the Makgato Tribe makes itobviouslhat when the nucleus of the Tribe was removed, then the people on otherfarms had no other alternative but to follow their Chief.

2.3.11.6.s if this was jJot enouj1h, the Makgato Tribe was once again forcefully removed fr:2!Il.Klipplaatdrift 508 LS in 1979_.mJ.Q dumped on the farm Kromhoels 438 MS abou.1J.§.Q..kilometres west of the town of Polokwane due to the homeland consolidation

-------I• I t' . -c--~gls aIon.:.

Refer to the Acceptance Report attached as (Annexure "E")

2.3.12 The Regional Land Claims Commission' concluded th..§! the Makgato Tribe wasdispossessed.-9U!s land rights as a result of Group Areas and labour tenancy.J

Jegislatio£l, which was racially-discriminatory in nature. Through the said legisl~, the<~akgato Tribe's continued occupatio~estral land was vieweQ.J2¥ authorities 01.~he time as a Qlacksl2..ot in a white area. Th~ Native Commissioner of Soekmekaar, asan organ of the State, enforced the removal of the Tribe from the land.

2.3.13 This succinct history of dispossession clearly demonstrates the rights enjoyed by theMakgato Tribe and the manner in which its rights were gradually eroded using everytrick imaginable to make life unbearable for the people.

2.4 NATURE AND EXTENT OF RIGHTS LOST

2.4.1 The Makgato Tribe had beneficial occupation and use rights on the land since itoccupied the land for more than a century prior to its removal. The Tribe also hadgraZing, hunting, cropping, fishing and burial rights. THe Makgato Tribe left manygraves Oil the farms including those of its earlier Chiefs.

"

2.4.2 .The sentimental attachment the Tribe had to the land is well articulated by the thenUnder-Secretary for Native Areas in his letter (Annexure 'D9') whereh~ wrote about

,Chief Makgato's feeling thus: 'BY houdJpg is--= hy kan nie daar weg waar 'n s~sta1

,vorige Mak9.atohoofde be,grawele, - s1. starn probeer fondse insamel - omMakgatosQfuit te koop .. .': The fact that six of the Tribe's earlier Chiefs were buried

'there as well as the attempts by the Tribe to purchase the farm Makgatospruit 81 6 LSreflects how strongly the Tribe felt about its land.

2.4.3 The total extent of the land claimed by the Makgato Tribe is approximately23230.9189 hectares. However, the total extent of the land to be restored in terms ofthis first phase submission is 5759.9769 hectares. \

Letter from the Under-Secretary for Native Areas Is attached as (Annexure 'E1')

3. ACCEPTANCE OF THE CLAIM.

3.1 The claim substantially complies with the requirements contained in Section 2 of theRestitution of Land Rights Act 22 of 1994, as amended.

3.2 The Regional Land Claims Commissioner: Limpopo is of the view that the MakgatoTribe was dispossessed of its land rights through racially-discriminatory laws and

13

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SU!ltIiSSION II'! TERMS OF s'eCTION 420 OF THe REST1HJTiON OF UlND RIGHTS ACT, HXl4 (ACT NO. 22 OF 1994) AS AMENDED FOR FINALiSING TIiE MAnER OF THE MAKGATO TRIBE'CONCERNING THE FARMS KLEINBEGIN 8JJ LS ANO WEESKIND 766LS; PORTION 1 OF THE FARM WATERVAL 765 LS; AND REMAINING EXTENT AS WEll AS PORTIONS 1,2, J, 4 ANO 5 OF

THE FARM SMITSKRML 766 LS, SITUATED IN THE CAPRICORN DISTRiCT MUNICIPALITY OF LIMPOPO.

practices and did not receive just and equitable. compensation because the farmKlipplaatdrift 508 LS which was offered as alternative land is rocky and characterised ..by poor soils. Furthermore, no sooner· had the Tribe settled down on the farmKlipplaatdrift 508 LS than they were removed again in 1979 and settled on the farmKro~hoek 438 MS, which is more than 150 kilometres away from where the claimantswere originally settled.

3.3 The fact that the Native Commissioner of Soekmekaar informed the Makgato Tribe.about the tribe's intended removal to Ktipplaatdrift highlights the involvement of theState in the dispossession.

3.4 On the basis of the above-mentioned facts and information the Office of theRegional Land Claims Commission: Limpopo has accepted the land claim by theMakgato Tribe as a prima-facie valid land claim in terms of Section 2 of the Restitutionof Land Rights Act 22 of 1994, as amended read with Rules 3 and 5 of the RulesRegarding the Procedure of the Commission on Restitution ofLand Rights.

3.5 The land claim was published in Government Gazette No. 25189 as Notice No. 1895on the 18th of July 2003. . - ,-

Please refer to the Accertance Report (Annexure "E") and a copy of Gazette Notice No. 1895 of 200;3attached as (Annexure "F")

4. THE SETTLEMENT PACKAGE

4.1 Options considered

4.1.1 At an options workshop held on the 04 th of May 2002, the claimants took a resolL~tion(Annexure "G1 '0/ that they need restoration of original land. The claimantssubsequently amplified their option by taking another resolution (Annexure "G2") thatthey would like to be compensated financially for properties constituting the town ofMunnik as well as Portions 7 and 8 of the farm Wilgeboschfontein 818 LS which werepurchased for a group of land reform beneficiaries calling themselves Kgadima Trustthrough the Land Redistribution programme of the Department of Land Affairs in theyear 2000.

4.1.2 The Regional Land Claims Commission: Limpopo is of the opinion that the farmsKleinbegin 833 LS and Weeskind 786 LS; Portion 1 of the farm Waterval 785; andRemaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 lS onwhich finalisation of the Makgato Tribe's land claim is proposed herein as the firstphase of finalising the claim, are feasible to restore to the Community and it isdesirable to do so since the land is currently used for crop, cattle and game farming.

4.1.3 Seven (7) out of twenty-seven (27) private landowners have indicated their willingnessto sell their land in favour of the Makgato Tribe. So far, valuations have beenconducted on properties belonging to five (5) landowners. The RLCC is in the processof appointing a Valuer to conduct valuations on properties belonging to the two (2)remaining willing sellers. The RLCC is of the view that the claim should be finalised onthe willing sellers' properties that have already been valued so that the claimants canfind some relief while the dispute on other properties is being resolved. In additioll, the

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SUBMISSiON IN TER':AS OF SECTION 420 OF mE RESTITUTION OF LAND RIGHTS ACT, 1994 tACT NO. n OF 1994) AS AMENDED FOR FINALISING THE MAnER OF THE IAAKClATO TRIBECONCERNIHG THE FAnMS KLEINBEGIN BJJ LS AND WEESKIND 7BB LS; PORTION 1 OF THE FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WElL AS PORTIONS 1,2, J, 4 AND 5 OF

THE FARM SlAfTS<RML 788 LS, SITUATED IN THE CAPRICORN DISTRiCT MUNICIPALITY OF LIMPOPO.

Makgato Tribe lodged its land claim in 1995, almost ten years ago and the Tribe'sclaim has not yet been resolved even on one property.

4.1.4 The RLCC is also in the process of appointing a Valuer to determine the market valueof the properties constituting the townof Munnik as well as Portions 7 and 8 of the farmWilgeboschfontein 818 LS in lieu of which the claimants have opted for financialcompensation. Finalisation of the Makgato Tribe land claim on these properties willform part of the second phase of finalising the claim.

4.1.5 The RLCC is currently pursuing the dispute regarding the validity of the claim onproperties belonging to the unwilling sellers. It is hoped a solution will be found within amonth, failing which the matter will either be referred to the Land Claims Court or forexpropriation: In addition, it is anticipated that finalisation of the land claim on theseproperties will also form part of the second phase of finalising the claim. 22. ~o'/-!

Resolutions on restitution options attached as (Annexures "G1" and "G2") respeclively,

4.2 The value of the claim . - ........

4.2.1 RLCC: Limpopo appointed De Leeuw Africa Valuers to determine the open mar~et

value of the farms Kleinbegil1 833 LS and Weeskind 786 LS; Portion 1 of the farm.Watervai 785 LS; and Remaining Extent as well as Portions 1, 2·, 3,' 4 and 501 the farmSmitskraal 788 LS. According to the valuation report, the combined value of theseproperties is R18 982838.00. The breakdown of the combined value is as follows:

Portion Owner-

Title deed Extent Price

1. The farm Patricia Lang T65311/1989 1161.6273H R4 430 000.00 AKlein Begin833 LS

2. The farm J&D Chickens T59531/1989 246.0331 H R615 000.00 I\. ~

Weeskind CC786 LS

3. Ptn 1 of the • Marie T338/1993 and 513.9192 H R1 087 838.00 ~farm Louisa & T59531/1989Smilskraal Martinus788 LS Johannes

Van Zyl and• J&D

ChickensCC

4. R/E of the Allan Ivy Trust T10259/1993 1460.6573 H R12 200 000.00 f\

farmSmitskraal788 LS

5. Ptn 2 of the Allan Ivy Trust T10261/1993 514.0828 H Included In 4farm above.

\ ' ..

15- ~ ... ,'

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4.2.2

, .....

Smitskraal ..788 LS

6. Ptn 3 of the Allan Ivy Trust T1025911993 530.3121 H Included In 4farm above.Smltskraal788 LS

7. Ptn 4 of the Allan Ivy Trust T10259/1993 506.2895 H Included in 4farm above.Smltskraal '.788 LS

8. Ptn 5 of the Allan Ivy Trust T10259/1993 514.5009 H Included In 4farm above.Smltskraal788 LS

9. Ptn 1 of the' • Tsal<ane T132467/1998 312.5547 H R650 000 ,00 A. I'farm Leah andWaterval Nlsan'wisl785 LS Godfrey

Hetisane

Based on the amounts in the Valuation Reports (Annexure "H"j, the RLCC: Limpopomade, without prejudice offers (Annexure "11'ito purchase the farms Kleinbegin'1333LS and Weesldnd 786 LS; Portion 1 of the farm Waterval 785 LS; and RemainingExtent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS. All theconcerned landowners wrote letters (Annexure "12'~) to accept the offers.

4.2.3 The RLCC proceeded to draft Sale Agreements (Annexure "13"), which will be signedupon the Minister's approval of this submission.

\,

Copies of Valuation reports, Letters of offers to purchase the land, Letters of acceptance of purchaseoffers and draft Sale Agreements are attached as (Annexures "H", "11", "12" and "13") respectively.

4.3 Agreements

The gist of the Section 420 Settlement Agreement reached with the Makgato Tribe Is that:

4.3.1 The State will purchase and restore the farms Kleinbegin 833 LS and Weeskind 786LS; Portion 1 of the farm Waterval 785 LS; and Remaining Extent as well as Portions1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS. to the Makgato Tribe as per theSettlement Agreement attached herewith as the first phase of the finalisation of theMakgato Tribe land ,claim. '

4.3.2 Settlement of the Makgato Tribe land claim on properties where there is still disputewith regard to the validity of the claim will be deferred to a later stage when the dis puteshall have been resolved.

4.3.3 Settlement of the claim on properties compns1I1g the town of Munnik as well asPortions 7 and 8 of the farm Wilgeboschfontein 818 LS in l1eu of which the MalcgatoTribe has opted for financial compensation will be deferred to a later stage when themonetary value of the properties in question shall have been determined.

16

, .·St./"MISSION IN TE[\MS OF SECTlOll420 OF THE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 10114) AS AMENDED FOR FINALISING THE MATTER OF THE MAKGATO TRIBE

.CdNCERNING THE FARMS KlEINBEGIN8J3lS ANDWEESKIND 786lS: PORTION 1 OF THE FARM WATERVAL 785 LS: AND REt:lAINING EXTENT AS WELL AS PORTIONS 1.2.3,4 AND 5 OFTHE FARIA SMIT SKRAAL 188 LS, SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO,

4.3.4 The to-be-registered Makgato Communal Property Association will take transfer of thefarms Kleinbegin 833 LS and Weeskind 7-86 LS; Portion 1 of the farm Waterval 785 LS;and Remaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788LS as soon as the necessary property transfer and registration transactions have b~een

completed. .

4.3.5 The Regional Land Claims. Commission: Limpopo will facilitate assistance by theDepartment of Agriculture: Limpopo and the Department of Finance and EconomicDevelopment: Limpopo in agricultural and eco-tourism development for the land.

4.3.6 The RLCC: Limpopo will, through its Settlement and Development Unit (SSDU)facilitate a strategic partnership between the Makgato Tribe and suitable StrategicPartners once all post-settlement proposals have been scrutinised in detail so that theTribe can be able to utilise the land profitably and in a sustainable manner.

Please refer to copy of the Settlement Agreement attached as (Annexure "J")

4.4 Consideration of compensation received at the time of dispossession

4.4.1 At the time of dispossession, the Makgato Tribe was compensated with a portion of thefarm Klipplaatdrift ,508 LS. This farm is rocky and sandy. To add insult to injury, in1979, the Makgato Tribe was once again removed from the farm Klipplaatdrift 508 LSand dumped on the farm Kromhoek 438 MS which is about 150 kilometres west of thetown of Polokwane as a result of the homeland consolidation legislation.

4.4.2 The farm Kromhoek 438 MS is also characterised by poor soils and severe drought.The Makgato Tribe was removed from the farms, which are approximately 50kilometres away from the town of Polokwane and dumped further away from the town.Members of the Tribe pay approximately R70-00 per return trip to town.

\ 4.4.3 The Makgato Tribe was dispossessed of 18 farms and thus the farm Klipplaatdrift 508LS to which the Makgato Tribe was removed in 1962 could not amount to just andequitable compensation.

4.4.4 The hardship that was suffered by the Makgato Tribe is well articulateq.in the his~9ry

and affidavits that the Makgato Tribe compiled (Annexures "K1" and "K2"),respectively. According to the information in the said Annexures, the Makgato 'J'ribelost houses, furniture, livestock and crops during the forced removal. The Tribe wasnever compensated for these losses and other concomitant social hardships.

4.4.5 In light of the preceding facts, the Regional Land Claims Commission: Limpopo is ofthe view that the Makgato Tribe did not receive just and equitable compensatiofl andshould thus be restored to its original land.

4.5 Parties involved

i) Makgato Tribeii) Current land ownersiii) Limpopo Tourism and Parks Board

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S\!).'MISSION IN TERMS OF SECTION 420 OF THE RESTlTVTION OF LAND RIGKTS ACT, 1\1ll4 (ACT NO, 22 OF 1994) AS AMENDED FOR FINALISING THE MAnER OF TI1E MAKGATO TRIBE, C,ONCERNING THE FARMS KlEINBEGIN 633 LS ANDWEESKIND766lS: PORTION 1 OF THE FARM WATERVAL 765lS: AND REMAINING EXTENT AS WELL AS PORTIONS 1,2,3,4 AND 50F

, mE FARM SMITSKRAAL 766 LS. SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.

iv) Department of Agriculture: Limpopov) Regional Land Claims Commission: Limpopo

5. POST SETTLEMENT SUPPORT AND IMPLEMENTATION ISSUES

5.1 The land is currently being used for game farming, cattle farming and vegetableproduction and therefore the Settlement Support and Development Unit (SSDU) of theRegional Land Claims Commission: Limpopo will facilitate the appointment of a ServiceProvider to compile a detailed Land-Use and Development Plan which will guide futuredevelopment on the restored land. _ ~,'

5.2 The Regional Land Claims Commission is currently in discussions with the DepartrTlemtof Agriculture: Limpopo in finding best and sustainable land-use options for the land. .

5.3 The SSDU will facilitate assistance to the claimants by the Game and Parks componentof the Department of Finance and Economic Affairs: Limpopo for the game farmingenterprise.

5.4 Some of the current landowners have indicated their Willingness to work with \theclaimants as soon as the land is restored to them. The SSDU will facilitate partnershipsbetween the Community and the current landowners so as to ensure transfer of skillsand continuation of the present commercial fanning activities.

5.5 The SSDU will assist the CPA in opening a bank account to facilitate deposits of anyincome to be generated.

5.6 The SSDU is will conduct skills and needs assessment in order to establish capacity"building needs within the Tribe.

, 5.7 The SSDU and the Legal Unit will facilitate interim lease agreements between current, landowners and the Tribe while a detailed Land-U.se and Development Plan is beingcompiled.

5.8 The SSDU will pursue any future Section 42C application for additional funding for landdevelopment.

5.9 The SSDU will assist the claimants through a series of standard workshops offered toland claim beneficiary communities with respect to issues related to the CPA capacitydevelopment, including but not limited to: '

• Understanding the CPA Constitution and the roles and responsibilities of CPAExecutive members;

• SARS and revenue implications of being land owners;• Understanding of labour regulations;• Basic financial management training in conjunction with the Land Bank.

5.10 Any additional training will be identified in terms of the skills and needs assessment.

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2.0SUBM1SS1PN IN TERMS OF SECTION ~2D OF THE RESTITUTIO/I OF lAND RIGHTS ACT. 1994 (ACT NO. 22 OF 199~1 AS AMENDED FOIR FINALISING THE MAnER Of THE IMKGATO lAlBE

CONCERNING THE FARMS KLEltlBEGIt18:;J LS AIID WEESr.rND 786 LS: PORTION 1 OF THE FARM WATERVAL 785 LS: AND ~EIMINING EXTENT As WELL AS PORlIQNS I. 2. J. 4 AND 50F'THE FARM SMITSKRML Jaa LS, SITUATED ,t~ THE CAPRICORN DiSTRiCT MUNICIPALITY OF LIMPOPO. .

6. AGREEMENT REACHED AMONGST PARTIES IN TERMS OF SECTION 14(3) OF THEACT

The Regional Land Claims Commissioner for Limpopo, Mashile Mokono, has certifiedin writing as provided for in terms of Section 14(3) of the Restitution of Land Rights Act,1994 (J\ctNo. 22 of 1994) as amended that he is satisfied with the agreement enteredinto for the partial settlement of the Makgato Tribe land claim and that such agreementought not to be referred to Court, and that such agreement be effective from the dateof signature of the Settlement Agreement by the parties.

Copy of thEl Certificale in terms of Section 14(3) of the Restitution of Land Rights Act 22 of 1994 asamended, attached as (Annexure "L")

7. FINANCIAL IMPLICATIONS

7.1 There will be funds needed for Settlement Planning Grants, Restitution DiscretionarYGrants and the purchase of farms Kleinbegin 833 LS and Weeskind 786 LS; Portion 1of the farm Waterval 785 LS; and Remaining Extent as well as Portions 1,2, 3, 4 and 5of the farm Smitskraal 788 LS. The required funds are as follows:

.,/

7.1.1 Settlement Planning Grants: R1 440 x 1821(households)= R2 622 240.00A

7.1.2 Restitution Discretionary Grants: R 3000 x 1821 = R5 463 000.00 ;.\':.

7.1.3 Amount for purchase of the land to be restored: = R18 982 83a.OO~

8. POLICY IMPLICATIONS

.8.1 This submission covers the first phase of the finalisation of the Makgato Tribe landclaim. It is anticipated that a submission pertaining to the financial compensation in'respect of the town of Munnik 8.S well as Portions 7 and 8 of the farmWilgeboschfontein818 LS will be forthcoming as soon as the necessary valuationshave been done.

8.2 It is anticipated that a submission in respect of the outstanding properties will beforthcoming after the Land Claims Court ruling.

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19

. " , 'SUBMISSION It! TEI3MS OF SECtiON 420 OF THE RESTITUTION OF LAND RIGKTS ACT, l1X14 (ACT NO. 22 OF 1994) AS AMENOED FOR FINALISING THE MAnER OF THE MAKGATO TRIBECl"'~CERNING THE FARMS KlEINSEGIN 833 lS AND WEESKIND 786 LS; PORTIDII I OF THE FARM WATERVAL 765 LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1,2,3.4 AND 5 OF

THE FARM SMrTSKRML 768 LS, SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.

;t' ;"

9. STATISTICAL INFORMATION

Name of claim Makgato Tribe

Location, municipal Munnlk, Molemole Local Municipality, Capricorn District Municipalityarea, Province In LimpopoNo. of claims lodged: 1Claim forms for thespecific caseAmount of counter- There were 3 counter claims registered and resolved.claims registered .Properties restored NoneEstimated number of 9000beneficiaries - ~.

Number of households 1821

Female headedhouseholds 522Total hectorage to be 5759.9769 hectaresrestoredFinancial compensation N/ApaidTotal cost of settlement R27 068 078.00

20

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"~U8M;'SSION IN TERMS OF SEC;;ION 420 OF THE RESTITUTiON OF LAND RIGHTS ACT. tll94 (ACT NO. 22 OF 1894) AS AMENDED FOR FINALISINCl THE MAnER OF nlE MAKGATO TRI8E"'CONCERNING THE FARMS KLEIN8EG1N 833 LS AND WEESK1ND 786 LS; PORTION' OF lliE FARM WATERVIIL 765 LS; AND REMAINING EXTEN'T AS WELL AS PORTIONS 1.2,3,4 AND 5 OF

THE FIIRM SMITSKRML 786 LS, SITUATED IN THE CAPRICORN DiSTRICT MUNICIPALITY OF LIMPOPO,

10. RECOMMENDATIONS

It is recommended that the Minister -

10.'1 acknowledges the negotiations process and proposed settlement of the first phase of the landclaim by the Makgato Tribe; and

10.2 approves the settlement of the Makgato Tribe landclaim as per the attached Settlement Agreement reached by the parties in terms of Section420 of the Restitution of Land Rights Act 22 of 1994, as amended; and

10.3 authorises the Regional Land Claims Commissioner for Limpopo: Mashile Mokono or hisnominee to sign the Settlement Agreement and Sale Agreement attached hereto as well asproperty transfer documents to be lodged with the Deeds Office at a later stage; and

I 10.4 approves the release of the required amount of R18 982 838.00 for the purchase of the farmsKleinbegin 833 LS and Weeskind 786 LS; Portion 1 of the farm Waterval 785 LS; andRemaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smltskraal 788 LS in favourof the Makgato Tribe; and

10.5 approves that the Makgato Communal Property Association should, upon finalisation of~the

necessary land purchase transactions, take transfer of the farms Kleinbegln 833 LSandWeeskind 786 LS; Portion 1 of the farm Waterval 785 LS; and Remaining Extent as well asPortions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS; and

10.6 approves the release of the required amount of R2 622 240.00 and R5 463 000.00 for SPGand RDG in favour of the Makgato Tribe'; and

10.7· approves that a submission in terms of Section 42C of the Restitution of Land Rights Act 22 of1994, as amended, be made at a later stage to request funding for the development of the landbased on a Land-Use and Development Plan to be compiled; and

10.8 approves the deferment of the settlement of the Makgato Tribe land claim on those propertieswhere there are still disputes with regard to the validity of the claim to a later stage when thesuch disputes shall have been resolved; and

10.9 approves the deferment of the settlement of the Makgato tribe land claim on the properties for'which the Tribe has opted for financial compensation to a later stage when the monetary valueof the affected properties shall have been determined.

. MASHILE MOKONO

RLCC: Ll'~;JDATE: 0..P/~ zoot

- ~... '

21

,. SUBMISSION'IN TERMS OF SECTION 42D OF THE RESTITUTION OF LAND RIGHTS ACT. 19\14 (ACT NO, 22 OF 1994) AS fIM~NDED FOR FINALISING THE MATll:R Of THE MAKGI\TO TRIBECONCERNING THE FARMS KlEINBEGIN 6JJ LS AND WEESKIND 788 LS: PORTION 1 OF THE FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WELL AS POR1"ONS 1.2.3,4 AND 5 OF

THE FIIRM SMITSKRAAL 786lS, SnUATEO IN THE CAPRICORN DISTRiCT MUNICIPALITY OF LIMPOPO,

10. RECOMMENDATIONS \,

It is recommended that the Minister-10.1 acknowledges the negotiations process and proposed settlement of the first phase of the land

claim by the Makgato Tribe; and

10.2 approves the settlement of the Makgato Tribe landclaim as per the attached Settlement Agreement reached by the parties In terms of Sectlon-42D of the Restitution of Land Rights Act 22 of 1994, as amended; and


10.4 approves the release of the required amount of R18 982 838.00 for the purchase of the farmsKleinbegin 833 LS and Weeskind 786 LS; Portion 1 of the farm Waterval 785 LS; andRemaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS in favourof the Makgato Tribe; and

10.5 approves that the Makgato Communal Property Association should, upon flnalisation of thenecessary land purchase transactions, take transfer of the farms Klelnbegin 833 LS andWeeskind 786 LS; Portion 1 of the farm Waterval 785 LS; and Remaining Extent as well asPortions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS; and

10.6 approves the release of the required amount of R2 622 240.00 and R5 463 000.00 for SPGand RDG in favour of the Makgato Tribe; and

10.7 approves that a submission in terms of Section 42C of the Restitution of Land Rights Act 22,of1994, as amended, be made at a later stage to request funding for the development of the landbased on a Land-Use and Development Plan to be compiled; and


10.9 approves the deferment of the settlement of the Makgato tribe land claim on the propertIes forwhich the Tribe has opted for financial compensation to a later stage when the monetary valueof the affected properties shall have been determined.

Mr. TOZI GW NCHIEF LAND!}C}AI~SfOM ISSIONER

DATE: f ~ If Of

Recommendation 10.1 supported! nel~::tm!~:ea'Recommendation 10.2 supported! net~~9ftE~Recommendation 10.3 supported! rmt:-suptJ1,mroRecommendation 10.4 supported! rt01~tt1i=f6Jllt

Recommendation 10.5 supported! rre1~~Mee....Recommendation 10.6 supported! Aet~rrI't~~Recommendation 10.7 supported! ne~:tmJ~e.ciRecommendation 10.8 supported! net~pp.cll:te~Recommendation 10.9 supported! o.ol~tpprortedComment:

22

, )

r--::----'-----------'-------------------------'--'-; .,'SUBMISSION.!N TERMS OF'SE~ION 420 OF THE RESTITUTION OF LAND RIGHTS ACT, 1904 (/ICT NO. 22 OF 1994) AS AMENDED FOR FINALISING THE MATIEROF THE MAKGATOTRIBE'£ONCERNING THE FARMS KLEINBEGIN B33 LS AND WEESKIND 788 LS: PORTION 1 OF THE FARM WATERVAL 785 LS: AND RE~iAINING EXTENT AS WELL AS PORTIONS " 2, 3, 4 AND 5 OF

THE FARM SMITSKRML 78B LS, SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.

10. RECOMMENDATIONS

It is recommended that the Minister -10.1 acknowledges the negotiations process and proposed settlement of the first phase of thE:\ land

claim by the Makgato Tribe; and ... , .

10.2

10.3

10.4

10.5

10.6

10.7

10.8

10.9

approves the settlement of the Makgato Tribe landclaim as per the attached Settlement Agreement reached by the parties in terms of Section420 of the Restitution of Land Rights Act'22 of 1994, as amended; and

authorises the Regional Land. Claims Commissioner for Limpopo: Mashile Mokono or hisnominee to sign the Settlement Agreement and Sale Agreement attached hereto as well asproperty transfer documents to be lodged with the DerS Office at a later stage; and

approves the release of the required amount of R18 982 838.00 for the purchase of the farmsKleinbegin 833 LS and Weeskind 786 LS; Portion 1 of the farm Waterval 785 LS; andRemaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS in favourof the Makgato Tribe; and

approves that the Makgato Communal Property Association should, upon finalisation of thenecessary land purchase transactions, take transfer of the farms Kleinbegin 833 LS andWeeskind 786 LS; Portion 1 of the farm Waterval 785 LS; and Remaining Extent as well asPortions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS; and

approves the release of the required amount of R2 622 240.00 and R5 463 000.00 for SPGand RDG in favour of the Makgato Tribe; and

approves that a submission in terms of Section 42C of the Restitution of Land Rights Act 22 of1994, as amended, be made at a later stage to request funding for the development of the landbased on a Land-Use and DevelopmentPlan to be compiled; and . ,ft'

approves the deferment of the settlement of the Makgato Tribe land claim on those propertieswhere there are still disputr.~s with regard to the validity of the claim to a later stage when thesuch disputes shall have been resolved; and

approves the deferment of the settlement of the Makgato tribe land claim on the properties forwhich the Tribe has opted for financial compensation to a later stage when the monetary valueof the affected properties shall have been determined. .

Recommendation 10.1 supported! nQi sl:lf'por tett...Recommendation 10.2 supported! nat S'lppo~.Recommendation 10.3supportedi n,ot SI'pported .Recommendation 10.4 supported! not sl.lpporteQ. .Recommendation 10.5 supported! not supported, ..Recommendation 10.6 supported! not SllpportQ<;\. ..Recommendation 10.7 supported! m~t sUf3pertett. ..Recommendation 10.8 supported!l~pperted;:.

Recommendation 10.9 supported! n~~Red-:7.Comment:

~Ms S N 0 CHOANECHIEF FINANcIAL OFFICERDATE: 'V").,\\~-u:C-\

23

,,.

..

I

I

i,I

,. ,-;- , ,._-----------------------------,;SUBMISSION IN TERMS OF SECllON .20 OF lHE RESllTUIlON OF LAND RIGIllS ACl. 1994 (ACT NO. 22 OF Hll14) AS AMENDED FOR FINALISING mE MAnER OF lHE MAKGAlO mlBE

.. " 'CONCERNING THE FARMS KlEINBEGIN 633 LS ANOWEESKIND 766LS; PORllON \ OF lHE FARMWAlERVAL 7M LS; ANO REMAINING EXTENT AS WELLAS PORllONS 1,2,3, 4AND 5 OF• lilE FARM SMnSKRAAL 7GB LS. snUATED IN THE CAPRICORN DISTRICT MUNICIPALIlY OF LIMPOPO.

10. RECOMMENDATIONS

It is recommended that the Minister -10.1 acknowledges the negotiations process and proposed settlement of the first phase of the land


10.2 approves the settlement of the Makgato Tribe landclaim as per the attached Settlement Agreement reached by the parties in terms of Section420 of the Restitution of Land Rights Act 22 of 1994, as amended; and


10.4 approves the release of the required amount of R18 982 838.00 for the purchase of the farmsKleinbegin 833 LS and Weeskind 786 LS; Portion 1 of the farm ,Waterval 785 LS; andRemaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS In favourof the Makgato Tribe;and-'

10.5 approves that the Makgato Communal Property Association should, upon finalisation of thenecessary land purchase transactions, take transfer of the farms Kleinbegin 833 LS andWeeskind 786 LS; Portion 1 of the farm Waterval 785 LS; and Remaining Extent as well asPortions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS; and

10.6 approves the release of the reqUired amount of R2 622 240.00 and R5 463 000.00 for SPGand RDG in favour of the Makgato Tribe; and \.

10.7 approves that a submission in terms of Section 42C of the Restitution of Land Rights Act 22 of1994, as amended, be made at a later stage to request funding for the development of the landbased on a Land-Use and Development Plan to be compiled; and


10.9 approves the deferment of the settlement of the Makgato tribe land claim on the properties forwhich the Tribe has opted for financial compensation to a later stage when the monetary valueof the affected properties shall have been determined.

Recommendation 10.1 supported! not 9uPPOlled ....Recommendation 10.2 supported! Rot supportect ..Recommendation 10.3 supported! r:lot supported ...Recommendation 10.4 supported! not 81 JPfmJ'fed'po,.Recommendation 10.5 supported! not sUPPolierr .Recommendation 10.6 supported! not SUpPOI ted .Recommendation 10.7 supported! not supporte€f.:...Recommendation 10.8 supported! nQt S\IP~, .•

Recommendation 10.9 supported! nolsllpported ...Commy~ .~e-<-.

s \-1.1:> c..~c~~

Dr. G P MAYENDEDIRECTOR-GENERALDATE: J..").-\~ \~

24

, ....

,-r ,'" ~"'.BMISSION IN TERMS OF SECTION 420 OF n-iE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 1994) AS AMENDED FOR FINALlSIN~ THE MAnER OF THE MAKGATO TRIBE: / , ., C;-)NCERNING THE FARMS KLEINBEGIN 633 LS AND WEESKIND 788 LS; PORTION 1 OF THE FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1 2 3 4 AND 5 OF

• THE FARM SMITSKl1AAL 788 LS. SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO. • • ,

10. RECOMMENDATIONS

It is recommended that the Minister -10.1 acknowledges the negotiations process and proposed settlement of the first phase of the land


10.2 approves . the settlement of the Makgato Tribe landclaim as per the attached Settlement Agreement reached by the parties in terms of Section42D of the Restitution of Land Rights Act 22 of 1994, as amended; and


10.4 approves the release of the required amount of R18 982 838.00 for the purchase of the farmsKleinbegin 833 LS and Weeskind 786 LS; Portion 1 of the farm Waterval 785 LS; andRemaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS in favourof the Makgato Tribe; and I

10.5 approves that the Makgato Communal Property Association should, upon finalisation of thenecessary land purchase transactions, take transfer of the farms Kleinbegin 833 LS andWeeskind 786 LS; Portion 1 of the farm Waterval 785 LS; and Remaining Extent as well asPortions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS; and

10.6 approvesthe release of the'required amount of R2 622 240.00 and R5 463 000.00 for SPGand RDG in favour of the Makgato Tribe; and

10.7 approves that a submission in terms of Section 42C of the Restitution of Land Rights Act 22 of1994, as amended, be made at a later stage to request funding for the development of the landbased on a Land-Use and Development Plan to be compiled; and


10.9 approves the deferment of the settlement of the Makgato tribe land claim on the properties forwhich the Tribe has opted for financial compensation to a later stage when the monetary valueof the affeCted properties shall have been determined. .

Recommendation 10.1 approved/ not approved .Recommendation 10.2 approved/ not appr ed .Recommendation 10.3 approved/ not apR 0 ed .Recommendation 10.4 approved/ not a ro d .Recommendation 10.5 approved/ not pro d .Recommendation 10.6 approved/ not ppro d .Recommendation 10.7 approved/ no appro d .Recommendation 10.8 approved/ n t appro ed .Recommendation 10.9 approved/ ot approved ..Comment:

i.AtJDiD~MINISTER

DATE: )>1/oj72-00 S.

25

Documents

Government Memo on Claimed Farms - Part 1 - Copy