community claim
28 July 2007
Programme Director
The Premier of the North West Province, Edna Molewa
Acting MEC: Agriculture Conservation and Environment P Vilakazi
Members of Parliament present
The Mayor: Southern District Municipality, Councillor Pinky Moloi-Diswane
The Mayor: Potchefstroom Municipality, Councillor Maphetlhe Maphetlhe
Councillor Phillipine Raboto and All Councillors present
Reverend Sebidi
The Chief Land Claims Commissioner, Thozi Gwanya
The Regional Land Claims Commissioner: Tumi Seboka
Bomastandi, the Claimants of the Machavie Community
Members of the Media
Distinguished Guests
Halala Barolong Boo Modiboa Ba Matlwang, Halala!
Halala Machavie Community, Halala!
Le buile lefatshe la Barolong Boo Modiboa Ba Matlwang, Le buile!
Today is a joyous day. It is a day of celebration for indeed restitution has
come to the community of Barolong Boo Modiboa. Gompieno re bua re re: A boile
marope a Barolong Boo Modiboa! We are gathered here to celebrate and be
witnesses as the democratic government of the people delivers on the promise of
our Constitution, the return of the Machavie community to their ancestral
land.
We are celebrating today because of the courageous efforts of people such as
Morris Gorekoang, Simon Chopo Makodi and others who assisted them in
successfully lodging this claim on behalf of the Machavie community. Let me
take this opportunity to congratulate Barolong Boo Modiboa on the settlement of
their claim. You are now the owners of the land. Ke lona beng ba lefatshe.
The dispossession of the Barolong Boo Modiboa of their land by the apartheid
government was a painful experience. The community was stripped not only of
their property rights but also their dignity as a people.
The Machavie community occupied the land from time immemorial, long before
the Potchefstroom Municipality existed in the 1800's. During the 1940's the
Machavie community, who had for a long been enjoying beneficial use of the
land, were informed by the Potchefstroom Municipality of the apartheid time
that they were trespassing on municipal land. You know that that racist
Municipality catered for white citizen only. Naturally, the black community
that was victimised by racial land dispossession disputed the trespass charge
by the municipality. The people argued that this was the land of their
forefathers, who had lived on the land, were buried on the land and had stayed
there for so many years.
Through the use of military force, the apartheid government prevailed and
finally drove the Machavie community out of their ancestral land in 1971. The
people left their homes empty-handed with no compensation for their loss, or
any assistance for relocation.
Section one of the Restitution Act clearly defines the right in land as any
right in land whether registered or unregistered. The Popela judgment of the
Constitutional Court has confirmed that beneficial occupation rights are indeed
human rights that must be considered under the restitution programme. This
includes the interest of a labour tenants and sharecroppers. It includes the
rights of all those people who have been turned into labor tenants on their own
land. Yes this includes customary law interest, the interest of a beneficiary
under a trust arrangement (Ubiyo, iTrust).
The Machavie community held unregistered rights in the land and enjoyed
beneficial occupation rights on the land. For more than five centuries the
community relied on the land for their livelihood. Amongst others, they used
the land for crop and stock farming, hunting and residential purposes. The
forced removal of the community from their ancestral land by the previous
government robbed them of their unregistered rights in the land. This was how
the apartheid government generally treated black people, with no regard to
their right in land.
Today we are here to say never and never again shall our people be forcibly
removed from their land because of the colour of their skin! Today we are
bringing an end to the sad chapter in the lives of the Barolong Boo Modiboa
Matlwang. No amount of compensation can erase the emotional pain that you
suffered when you were unjustly and unceremoniously removed from your ancestral
land. By handing over this land back to you, the government is saying: sorry,
what you went through should never have happened.
I am pleased that you have opted for the restoration of the land and that
you are planning to use the land for settlement and business purposes. I am
happy that among others, you will use the land for conservation and tourism
purposes.
I am aware that there are some landowners who are delaying restitution.
Portions 11, 13, 18 and 20 of Droogespruit farm are not part of this land we
are returning today. I have instructed Commissioner Tumi Seboka to invoke the
expropriation provisions of the Constitution without delay! Droogespruit farm
must be given back to the people without delay.
Today I am very happy to announce that:
* We are giving you back sixteen thousand hectares of your land today (16
956 ha). Some 14 thousand hectares of this land (14 027 ha) falls within the
National Highveld Park. This means that you are going to give effect to the
international goal of 'the People and Parks', where the people play an active
role in conservation. On 6 July I was in Madikwe to hand over about 26 thousand
hectares of land to the Barokologadi community today we are here to give you
these 14 thousand hectares. I have instructed the Commissioner to register this
state land within the next six months, so that you can get your title deed for
the same. We are going to sign this settlement agreement today handing you over
this land.
* You will enter into a Co-Management Agreement with the North West Parks
Board. That Co-Management Agreement will be in line with section 42 of the
Protected Areas Act. In terms of that legislation you will have a percentage
share in all of the income that this park will make. This shall include a
percentage share of gate takings, hunting income, concessions income and any
other income that is generated through the Park. This is standard practice that
we have agreed to with the Minister of Environmental Affairs, for claims such
as on Greater St Lucia Wetland Park in KZN, Dwesa Cwebe in the Eastern Cape,
Makuleke in Limpopo. As from today you are the owners of this conservation land
and you must benefit from the developments that are happening on your land. The
developments of the park will extent across the N12 corridor route. It will be
a joint venture between the new land owners (the Barolong Boo Modiboa Ba
Matlwang), the South African National Parks Board, and the North West Parks and
Tourism Board.
* The other 2 929 ha, which we are giving to you in title deeds, is
agricultural land which falls outside the Park. Since you are now Bomastandi
able to demand rent from all the tenants on your land! I understand that your
CPA has an interest of ensuring increased agricultural production and for that
reason you have entered into lease agreements with John Fourie and other
farmers who were willing sellers and who support restitution. Nilumke ke
banganiqhathi kwezi lease agreements, mababhatale market related rentals. You
must learn a lot from them during the period of the lease.
* The Department of Agriculture, Conservation and Environment has committed
to providing support to agricultural projects and as such are providing
training and funding through the Comprehensive Agricultural Support Programme
(CASP) to the 'Barolong and Youth Group' which consist of 20 beneficiaries.
They are funding the following projects:
* A Crop production project to the value of R960 274.00
* A Vegetable project to the value of R316 470 00
* A Piggery project to the value of R474 265 00
* The community will receive 220 studs and registered Brahmans cattle.
Training and mentorship sponsored by the Department of Agriculture,
Conservation and Environment, and the Brahmans Breeders Society will also be
provided to the beneficiaries.
* We have verified 625 households who were physically removed from this
land, who lost their homes and agricultural land. Because you have decided to
include the 14 thousand hectares as part of the Park and thus you will not be
going back to physically occupy it I have decided to pay financial compensation
of R10 000 to each of the verified 625 claimant households. This money will be
paid directly into your bank accounts, which you must confirm with the
Commission. The total financial compensation will therefore be R6.25
million.
* The total value of this land that we are restoring today is R107 million.
I am happy to announce that in terms of section 42C of the Restitution Act we
are going to give you R26,7 million to support you towards all the development
projects which you are planning on this land. The restitution discretionary
grant and settlement planning grant amount to R2,7 million. These grants will
enable you to do proper planning for all of your developmental projects
* Executive Mayor, you can see that to the District and Local Municipality
this total restitution award of no less than R139 million will definitely make
a significant contribution to local economic development. I am glad to know
that the provincial and local government structures have committed themselves
to assist the community with settlement support interventions. This is
important in order to ensure that the projects that emanate from the settlement
of this claim are sustainable. The Potchefstroom local municipality has
prioritised the construction of an access road for the community projects
valued at R3 750 million, as well as the supply of electricity to the value of
R2 700 million as part of its IDP projects for the 2007/08 financial year.
I want to see women and youth play a leading role with all the projects that
you are going to be prioritising on this land. When next I visit this place I
want you to show mw to successful projects. Let this land work for you and your
children's children.
You know the pain of loosing something that is precious to you. You know the
pain of owning no land in the country of your birth. Make sure that you take
care of the land that this ANC-led government has restored to you today. Use
the resources wisely and invest in the land. By doing so, you will leave a
lasting legacy for your children and your children's children.
Malibongwe!!
Igama lamakhosikazi!!
Pula Barolong!
Kealeboga
Issued by: Ministry of Agriculture and Land Affairs
28 July 2007
