Pondoland community claim, Eastern Cape province
22 June 2007
Programme Director
UKumkani wamaMpondo, inkosi uMpondombini Sigcau
uNkosi uMditshwa nazo zonke iiNkosi ezikhona apha
MEC for Agriculture Mr Gugile Nkwinti
Executive Mayor for ORTambo District, Mrs Zoleka Chapa
Executive Mayor for Mbizana Municipality, Mr M Twabu
Chairperson of Women in Agriculture and Rural Development (Ward) in the
Eastern, Mrs Molo
The Chief Land Claims Commissioner, Mr Thozi Gwanya
Eastern Cape Land Claims Commissioner, Ms Linda Faleni
Directors from SA FM led by Mr Charles Boyes
Mandibulise koMastandi abatsha iClaimants!
Members of the media
Distinguished guests
Halala kwiMizizi community Halala!
Halala Hlolweni Halala!
Halala MfoloziHalala!
Halala Etyeni Halala!
Ubuyile Umhlaba, Ubuyile!
Bendilapha izolo ndizokunikezela umhlaba kubantu base Mbizana, eNtshamathe
naseZinini, eMagwa nase Majola. Ndathembisa ukuba ndizakubuya. Namhlanje ke
ndilapha ndizokuthi kuni "ubuyile umhlaba wenu maMpondo ubuyile"! Ndizakuthetha
nabantu baseCaguba kunye noMasipala wase Port St Johns sivumelane ukuba ndiye
nini pha kubo, ukuya kunikezela owabo umhlaba.
Today we are gathered here to right the wrongs of the past which were
perpetuated upon the black people in this country as a result of racially
discriminatory laws and practices of the apartheid and colonial governments of
the past. This month marks the 94 anniversary since the promulgation of the
Native Land Act of 1913 by the previous government.
Together with other similar legislation laws, the Native Land Act was used
to dispossess black people of their rights in land. Consequently, people were
forcefully removed from their land without compensation. During those days, the
apartheid government had no regard for the black person's right in land. The
government showed no mercy as it went about violating the people's rights. We
have decided to declare the month of June as "the Land Month." We have nothing
to celebrate about the Native Land Act of 1913 but during this month of June we
want to say, after 94 year of suffering from the negative effects of racial
land dispossession "Never and never again shall our people be dispossessed of
their land because of the colour of their skin!"
When we took over in 1994 the first thing we ensured was that land reform is
captured in the Constitution as public interest. Oko kukuthi indaba yomhlaba
ibhalwe kowona mthetho umkhulu weli lizwe, ukuba umhlaba mawubuyele kubantu
owathathwa kubo ngolunya. Kwimithetho yokuqala eyasayinwa nguRhulumente
wentando yeningi ngumthetho we Land Restitution ka 1994 Lomthetho uthi umhlaba
mawubuyiselwe kubantu abasuswa kumhlaba wabo ngolunya nendzondo. Kungako
silapha namhlanje, sizokuthi abantu abakwezilali zintathu, abantu besizwe
seMizizi mababuyiselwe umhlaba wabo.
It gives me great pleasure today to be part of this action of redress for
umhlaba wamaMpondo eMizizi. I am glad to announce that:
* Abantu abasuswayo, badilizelwa imizi yabo, bafuduswa bayi 883. Umzi ngamnye
kulo mizi uzakufumana isinxephezelo (compensation for land rights lost) se R42
000.
* Oku kuthetha ukuthi abantu base Hlolweni, abamizi iyi 210 bazakuthola I total
ye R8,8 million. Sizakubancedisa nge development grants ezenza R932 400,
ezakusetyenziswa kuphuhliso lwale lali, ngokubambisana noMaspala.
* Kubantu baseMfolozi, abanemizi eyi 452 bazakufumana R18,9 million.
Sizakubongezela R2 million ye development abazakuyenza noMaspala.
* Abantu baseEtyeni banemizi eyi 221 bona bazakufumana R9,3 million.
Sizakubongezela imali yophuhliso eyi R981 240.
* Abanye abantu bona abazange basuswe ngokwemizi, kodwa ke balahlekelwa
ngamalungelo abo okudlisa inkomo kulo mhlabla. Abo bantu sibabale baba yimizi
eyi 3636. Bona abazukunikwa mali koko bazakuncediswa ngophuhliso kwezilali
bakuzo. Imali ezakuncezisa kolo phuhliso iyi R4440 umzi kwimizi eyi 3636, oko
ke kuthi imali yophuhliso iyakuba yi R16,1 million. Olo phuhliso ke
luzakwenziwa ngokusebenzisana noMaspala.
* Kwizinto ezijongene nophuhliso lwalo mhlaba uneswekile, lo siwubuyisa
namhlanje sithathe lo mthetho we Restitution, s42C osivumelayo ukuba sincedise
kuphuhliso lwalo mhlaba. Kungoko sisithi kwi office kaMEC Nkwinti, esethu
isitsho kuphuhliso lwalo moba yi R11,7 million (R11 712 500). Ndicela umngeni
ke kuni njengerhulumente wephondo, nina nizakubambaphi ukuphakamisa apha
koluphuhliso?
* Ku Mayor weOR Tambo District, nakuMayor weMbizana ndithi, kule ngingqi
ndizisa isixa se R68,8 million, being the total restitution award for this
claim, ezenu izitsho zithini ukubamba iqhaza kuphuhliso lwaba bantu? Ndiyazi
ukuba ninazo i-IDPs zenu zale ndawo. Eyona nto ndirhalela ukuyibona kukuba ezo
integrated development plans (IDP) zisebenzisane noluhlelo lwe restitution kuzo
zonke inzame esizenzayo singuRhulumente.
I am glad that the community have opted to continue to use this land for
Sugar cane farming. They have indicated that they want to improve and develop
further the capacity of this land for sugar production. They have also
confirmed that they will continue to produce timber for the portion of the land
that has a forest plantation.
My department has agreed with the MEC's office that in this province we
shall agree with the Municipalities of the selection of sites for the
production of biofuels. We have agreed that OR Tambo District will definitely
be one of the sites for the biofuels pilot in this province. Sugar cane and
soya beans are the main crops for this. This settlement today is already saying
"please consider this area in the site selection for biofuels!" These
communities here today are saying they would like to be counted among those who
are making "petro-dollars."
These projects must be linked to agri-tourism which has a high potential in
this eastern coast, from here to Mzamba, to Mkambati, to Magwa, to Port St
Johns to Hluleka to Coffeebay down south. We must package these developments
for the greater benefit of the province. We have big rivers in this province,
which are essential for such development. We have talked about the Mzimvubu
Basin, we just need to establish these linkages.
We are working hand in hand with the office of the MEC and we have agreed
that the provincial Department of Agriculture will assist the communities with
technical support as well as the development of the unused land for
agricultural purposes. Uvimba Finance Limited has been appointed to administer
the funds and manage the development of the projects on behalf of the
communities. The current lease on the land will be maintained until its expiry
in March 2008.
Settlement support is a crucial element for the success of the restitution
process. We need more strategic partners to come on board and assist the
communities in order to ensure that the restored land is utilised optimally and
in a sustainable manner. We are calling on all the non-governmental
organisations (NGOs) and research institutions in the province to come on board
and be part of the Land Reform programme which is aimed at bringing about a
better quality of life for all.
I know that Ward is very active in this province. In KwaZulu-Natal (KZN)
members of Ward have encouraged restitution beneficiaries to use this money
that they are getting to buy goats and start commercial initiatives and income
generating projects. Kungoko ndisithi uWard makaqale apha ngokukhuthaza aba
bantu bazakufunana le R42 000 ukuba mabathathe isixa bathenge ibhokwe,
bencediswa ngumama uChapa ne ORTambo, benze ibusiness ezibhadlile ngale mali.
Imali mayizale enye imali ngokusebenza kwalamashishini. Thengani igusha, inkomo
zamanguni, inkuku, nithengise, nihlume. Ndifuna uWARD wale lali, nazo zonke
ezinye inkqubo zophuhliso zamakhosikazi zibeshushu, zigqame.
The settlement agreement that we will be signing today with the community
expressly states that the communities are not allowed to sell this land that is
being restored today. This land is given to you and your descendants. It is an
inheritance that will provide for the livelihood of many generations after you.
Guard it with all diligence. Ningawuthengisi umhlaba wabantwana babantwana
benu. It has come to my attention that in some of the provinces where there are
traditional communities who have lodged land claims, there are some Chiefs who
want demand that those communities claim the land on behalf of the Chief. The
Chief would then demand that the land be returned and registered in personal
name of the Chief.
If that would happen it would walk against the policy of Government. Our
customary practice says that the land belongs to the people and the Chief,
together with his Council, is only the administrator of the land. He
administers it on behalf of his community, who are the owners of the land. The
traditional title, also known in other countries as the aboriginal title, is
more secure than the western title deed. Your great great grand parents stayed
on the land that you are now occupying. That traditional ownership passes on
from generation to generation.
Ziyaziwa izilunga zalo mhlaba yayingumzi, yayiyintsimi nedlelo kokhokho.
Umthetho karhulumente uCLARA uzama ukunika isiqinisekiso sobunini bomhlaba
kwaba bantu basezilalini. Xa sibuyisa lo mhlaba sithi le mizi yonke ikulo lali
ejongene nebango lomhlaba,mayibhalise iCPA (Communal Property Assossiation)
okanye iTrust. INkosi ililungu lalo lali, ngoko ke iyinxalenye yabo bantu balo
lali, kungoko ke INkosi sisithi ayikho ngapahandle kubantu bayo. Xa sibhalisa
umhlaba; iTitle Deed iphume egameni le CPA, sube siquke negama leNkosi kulo
CPA. Uphuhliso lonke oluqhubeka kulo lali kufuneka lwenziwe ngesivumelwano
nabanikazi bomhlaba. Xa sibhalisa le CPA urhulumente simnika uluhlu (list)
lwabo bonke abantu abangabemi bale lali nabajongene nalo mhlaba, kungako lo
list inelungelo kulo title deed.
Mkhulu umahluko phakathi kwe jurisdiction (ulawulo lwenkosi) kwakunye
nobunini bomhlaba (ownership). Xa kusithiwa ngumhlaba kaNkosi uMditshwa lo,
kuthethwa nge jurisdiction, akuthethwa nge personal ownership. Kungako sisithi
inkqubo yomthetho karhulumente kukuqinisekisa ukhuseleko lobunini womhlaba
wabantu. Asifuni niwuthengise lo mhlaba ngoba oko kwakubasisithuko kubantu
abafana noNkosi uPoto, abawulwela bawufela lo mhlaba, abalwa bayifela le
nkululeko. Elokugqiba ndithi masiwusebenze lo mhlaba. Lo mhlaba mawuvelise
amathuba emisebenzi, mawuvelise ukutya, mawuxhase naba basedolophini bazothenga
ukutya kwimveliso yalo mhlaba. Lo mhlaba mawubelibhongo lenkululeko yethu.
I have received a copy of a letter from the legal representatives of the
small growers who have been sub-lessees to the main lease which was entered
into with the defunct Tracor. We have decided, to recognise the lease
agreement, even though Tracor the main Lessee died long time ago. We have
decided to honour the lease up to its end, in March 2008. The claimants have
agreed to allow the small growers to continue to work on the land until the end
of the sub-lease. State funds were used to plant the sugar cane on this land.
Chapter 25 of the constitution provides that we deduct State subsidies from any
compensation that may be made to those who are landowners. In this case the
landowner is the State. The lease rights of the sub-lessees will be protected
until the end of the lease in March 2008.
The office of the MEC has been dealing with the winding down of the Tracor
business. There is therefore no reason for the small growers to want to elevate
their status to that of the main Lessee, who would not be a signatory to this
agreement even if Tracor was still alive. We have decided to go ahead with the
settlement of this claim, on the basis of the agreement of the interested
parties.
The agreement that we are signing today will be made the order of the Land
Claims Court. We have advised the legal representative of the small growers
that when we approach the Land Claims Court to make this agreement signed today
to be the order of Court, only then will they make any legal points they want
to make in reviewing this agreement. For now sithi umhlaba mawubuyele
kubaniniwo.
Ubuyile umhlaba wethu Ubuyile!
Ubuyile Umhlaba wethu ubuyile!
Malibongwe !!!
Igama lamakhosikazi!
Malibongwe!
I thank you.
Issued by: Ministry of Agriculture and Land Affairs
22 June 2007
