THE LONGPROMISED LAND

for land returned to the claimants to be held by a communal property association (CPA); a new lease allowing for R4m in annual rental that would escalate in line with inflation; a 28% stake in the Wild Coast Sun, paid for by the state at a discounted rate of R11.6m; a R27m development grant; and cash grants of R96,000 for each household. The claimants would also be given preference for jobs at the casino.

The land claims commission appointed an advisory firm, Vumelana, to help devise a workable development plan, and Richard Spoor Attorneys to set up the legal frameworks.

Jubilation greeted the signing of the settlement, which was made an order of the court.

After some haggling Sun International made an important concession by increasing the portion of land the claimants could develop. It also agreed to fund the salaries of the professional directors of the community’s commercial structures.

The five-year development plan, to be funded by the claimants’ R27m grant, is impressive. It proposes spending R6m on a luxury tented beach camp that can sleep 40 guests, which is expected to create 50 permanent jobs. The camp is seen as a temporary measure while investors are sought for a R175m, 250-bed ecolodge that is expected to create 125 jobs once it’s fully operational in four years.

Another proposal is for small-scale tourism ventures, including a zip line in the spectacular Mzamba river gorge, a boat launch site for fishing charters and cruises, as well as a fish farm to supply the local market.

The plan also allows for houses to be built on serviced freehold stands on 8ha of the land near the main arterial road. It has been mooted that the claimants be allowed to trade these properties, which could lead to wealth accumulation and alleviate urban land hunger.

Thamsanqa Malusi, an experienced land claims lawyer with Richard Spoor who acts for the CPA, describes it as “one of the best restitution deals I’ve seen”.

It could be a model for land reform, but it’s four years since the settlement was signed, and the claim that was lodged 24 years ago has yet to deliver anything tangible.

The biggest issue is that the state has failed to transfer the land to the new legal owner, the CPA. This is partly because the land is being surveyed and portions must be set aside for roads, a police station and a clinic. This requires co-operation by different local government entities, a process that the land claims commission should be driving. The claimants won’t benefit until it does so.

Conflict among the claimants, who accuse each other of trying to loot the development funds, hasn’t helped either. One group has threatened to enlist the EFF to apply pressure.

“Our main issue is the transfer of the land,” says CPA secretary Mpendulo Simamane. “The commission is delaying this and dividing our community.”

Sun International says it is as keen as the claimants to get the show on the road. “Sun International is not the cause of any perceived delays in the implementation of the settlement agreement,” says spokesperson Zoleka Skweyiya. “In fact, over the past few months, the parties have worked extensively to close the gap to implementation and we are almost at the point of signing.”

Chief land claims commissioner Nomfundo Ntloko-gobodo concedes it has taken too long to transfer the land. “We acknowledge we have created delays. I’m also frustrated,” she says.

But she bridles at the suggestion that the blame lies solely at her door. The complexity

The agreement could be a model for land reform, but the claim that was lodged 24 years ago has yet to deliver anything tangible