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o The CPA has initiated some income generating activities on its land. o They have a quarry business on one portion of the farm. o On the other portion they have started a museum and an entertainment centre that features a cinema. o In partnership with the Tshwane Metropolitan Municipality and private investors they are in the process of developing houses on their land. 3
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REPORT ON RAMA COMMUNAL PROPERTY ASSOCIATION
Presentation to the Portfolio Committee on Rural Development and Land Reform
12 August 2015
o Rama CPA members lodged a Restitution claim which was settled in 2002.
o Portion 2 of Wildebeeshoek 309 JR and Rem of Kafferskraal 308 JR were
acquired by claimants.
o The two farms are 754 hacters in extent and were acquired for R15 087 952.
o Rama CPA members are part of the Bakgatla ba Mmmakau under Chief
Basabasa Motsepe.
o A CPA was registered in 2002 to acquire, hold and manage land on behalf of
the claimants.
BACKGROUND
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BACKGROUND
o The CPA has initiated some income generating activities on its land.
o They have a quarry business on one portion of the farm.
o On the other portion they have started a museum and an entertainment centre that features a cinema.
o In partnership with the Tshwane Metropolitan Municipality and private investors they are in the process of developing houses on their land.
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o The RLCC has tried unsuccessfully to intervene in this CPA.
o Due to the failure of mediation the RLCC instituted proceedings to place
the CPA under administration.
o That application was unsuccessful on the grounds of locus standi.
o New proceedings by the Department aiming at placing the CPA under
administration were instituted in the Northern Gauteng High Court.
o A rule nisi order was granted requiring the CPA to hand its books over to
the department.
BACKGROUND
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o When Rama was registered as a CPA in 2002 they elected the following
people to sit on the committee:o Ramatiyane Simon Poo;
o Goitsemang Poo;
o Lameck Pila;
o Kgomotso Matsomela;
o Jacobeth Sebati;
o Simon Peto;
o Peter Sekgothe; and
o Berlina Kgomotso Podile.
o They were elected for a term of 5 years which expired on 23 May 2007.
CPA COMMITTEE
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BUSINESS ACTIVITIES
o When the land was acquired, there was an operational quarry on it.
o The quarry is still operating and it is the main income earner for the CPA.
o It supplies mining and crushing stone, quartzite and sand.
o They also supply concrete and cement brick.
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o The CPA Committee’s term of office has expired. Reports not submitted to DG.
o There is development happening on CPA land without the mandate of the
members.
o A committee members was killed and there are allegations of
misappropriation of funds by the Committee.
o An order instructing the CPA to hand over its books to auditors has limitations.
CHALLENGES
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STATUS QUOo Currently the Department is working on four angles of intervention in this
CPA: o Criminal caseso Civil caseo Assistance complianceo Development on CPA land
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CURRENT DRDLR ACTIVITIES CRIMINAL CASES oTwo meetings were held with the SAPS (Hawks)to report on and to discuss the various activities that took place within the CPA that warrant the attention of the police.
oSome supporting documents were requested by the Hawks and the DRDLR is assisting the community to submit those documents.
oAt the moment the Hawks are looking at the murder case and possible fraud and corruption case.
oThe last meeting with the Hawks was postponed because CPA members failed to submit all documents proving the allegations of misappropriation of funds, intimidation and murder to the Hawks.
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CURRENT DRDLR ACTIVITIES CIVIL CASEoThe Department has now filed its replying affidavit on 30 June 2015.
oHeads of argument has also been filed and we are awaiting the respondent to file its heads.
oThe State Attorney has now indicated that he will before the 15th Aug apply for a hearing on opposed motion.
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CURRENT DRDLR ACTIVITIES ASSISTANCE WITH COMPLIANCE oOn 13th June 2015 in Madidi a community meeting mandated their interim leadership to run the affairs of Rama CPA until the AGM is held.
oA community meeting is set for 8th August 2015 preparations for the AGM.
oThe AGM is will be held on 26 September 2015 at Madidi. An AGM notice has already been sent through the CD’s office.
oThe PSSC: Gauteng will appoint the authorised officer to oversee the AGM with the support of the CPI Unit.
oThe IEC has been requested to run the elections.
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CURRENT DRDLR ACTIVITIES DEVELOPMENT ON CPA LAND oA meeting was held with Tshwane Metro to advise them about the prevailing circumstances within Rama CPA.
oThe Executive Mayor undertook to liaise with the people responsible for development in order to appraise them about the issues raised by the DRDLR.
oAn agreement was reached between the Department and Tshwane Metro that all developments on the land will stop until a new committee is elected.
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CONCLUSIONo The Hawks will be supported with whatever documentation or access to any
witness they need.
o Any further development that takes place on Rama CPA land will happen with the agreement of a duly elected committee that is properly mandated to take decisions affecting the members of Rama.
o There will be regular communication with the State Attorney to ensure that the civil case is expeditiously brought to conclusion.
o On 26 September a new CPA committee will be elected to run the affairs of Rama. Training will be provided to the new committee soon after its election.
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THANK YOU
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