SPONSORED | Commission on Restitution of Land Rights

Ensuring the settlement of land restitution claims under the Restitution of Land Rights Act, 1994 [Act 22 of 1994]

In 1994, the Democratic Government of South Africa identified the need for land and agrarian reform as part of nation-building and reconciliation.
As part of this, the Restitution Programme was introduced to provide redress to persons and communities dispossessed of their land rights by the apartheid government.
Under the new democratic dispensation, the Restitution of Land Rights Act 22 of 1994 (the ‘Restitution Act’) was enacted, as required by the Interim Constitution of the Republic of South Africa, 1993.

The Restitution Act established a commission on the restitution of land rights to solicit and investigate claims for land restitution and to prepare them for settlement or adjudication by the Land Claims Court, and making orders on the form of restitution or redress that should be provided to claimants.

Solomon Tshekisho Plaatje, the founding member and first secretary general of the South African Native National Congress , which became the African National Congress. Photo: Sourced

Land reform in South Africa is a moral, social and economic imperative. The government will continue to accelerate the pace of land reform within the framework of the Constitution of the Republic of South Africa, respective legislation and according to the rule of law.

The government will always act in the best interest of our nation. Government’s intention is to unlock the economic potential of land and to support a land and redistribution process, which supports agricultural production and investment in the land. By bringing more land into productive use, by giving more South Africans assets and opportunities for sustainable livelihoods, the country is creating conditions for greater, more inclusive and more meaningful growth.

Mndawe Group CPA is a restitution project that is poised for success. The CPA lodged a claim on the property Geluk 232 JT, which is situated in the Thaba Chweu Municipality’s area. The land is to a large extent used for timber plantation.

Land restitution forms part of land reform, which the National Development Plan requires to be underpinned by the following key principles:

• Enabling land transfer without distorting the market
• Enabling sustainable production of transferred land
• Monitoring land markets, relating to land transfer targets with fiscal and economic realities
• Creating opportunities for mentorship, chain integration, procurement and skills transfer.

THE CLAIM WAS SETTLED IN TWO PHASES:

Mndawe Group is currently building a piggery as well as undertaking the growing of chillies and peppers on the land they have acquired through the Restitution Programme.

In the near future, they plan to farm with macadamias, avocados, pigs and poultry. For the piggery that is currently under construction, the claimant beneficiaries have already identified a market in Lydenburg and are also hoping to sell through Mpumalanga Fresh Produce Market.

As part of the future plans, the CPA wants to take full control of the property, including the timber plantation.

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