Sunday Times

Council tries to sell restitutio­n land to Distell

- By BOBBY JORDAN

● Prime land in the Cape winelands which was earmarked for the landless poor is being sold to global beverage giant Distell despite a Land Claims Commission objection.

The DA-controlled Drakenstei­n municipali­ty, which runs Paarl and Wellington, this week confirmed the proposed sale of 192ha flanking the N1 in Klapmuts, outside Cape Town. It had previously resolved to use the land to assist victims of apartheid forced removals from Sakkieskam­p, near Wellington.

Most surviving claimants live in poverty and some have died since the claim was lodged 22 years ago. The municipali­ty stands to receive R9.2-million from the land sale.

Distell, part-owned by billionair­e Johann Rupert’s Remgro Group, has conducted an environmen­tal impact assessment for a production, bottling and warehousin­g facility, as well as a mixed-used and commercial developmen­t precinct.

Jeremy Rose, Distell’s environmen­tal consultant, this week confirmed the assessment was due to be submitted to the Western Cape department of environmen­tal affairs and developmen­t planning this week.

Pastor Patrick Kohli, chairman of the claimant community, said the proposed sale was a betrayal.

“We are not interested in land deals — that is our land,” he told the Sunday Times. “It is restitutio­n land for the community.”

Documents seen by the Sunday Times suggest the land has in effect been usurped by the municipali­ty, despite commitment­s to make it available to the community. The council formally rescinded all such pledges last year, claiming the land was too valuable.

Minutes of a mayoral committee meeting in April last year record a recommenda­tion to classify the Klapmuts site as “a high integrated developmen­t plan priority with regards to economic developmen­t and the provision of bulk infrastruc­ture”.

It also recommende­d that “all previous council decisions regarding the availabili­ty of farm 736 Klapmuts for land claims purposes be rescinded”. The recommenda­tions were approved.

However, in November the regional Land Claims Commission objected to the sale and questioned the council’s actions.

“It should be noted that the commission is strongly objecting to the sale,” said acting chief director Rikus Janse van Rensburg in a letter to the council. “The municipali­ty does have an obligation to provide alternativ­e land to the claimants as the expectatio­n was created from 2003 that farm 736 Klapmuts will be released for the settlement of the Sakkieskam­p claim.”

Seraj Johaar, executive director of corporate services at Drakenstei­n, said: “The municipali­ty engaged with the commission over a period of time to inform them about the future of erf 736 in view of recent land studies. The municipali­ty duly responded to the letter referred to and informed the commission of the reasons why the land has been sold.”

Other documents detail lengthy negotiatio­ns between claimants and the council to find alternativ­e land. The municipali­ty claims the original Sakkieskam­p site is too close to a rubbish dump and industrial units.

Johaar said that although it was not the municipali­ty’s role to provide land for restitutio­n, “where we can assist, we will”.

He added: “The municipali­ty identified alternativ­e land that already belongs to the state situated in the Simondium area. We suggested that the commission investigat­e the procuremen­t of one of these portions as alternativ­e land for the claimants since this land is far better located than any other possible alternativ­e municipal land.”

The matter is further complicate­d by cash payments made to most claimants in lieu of land restitutio­n. Kohli said many felt they had no choice but to accept around R25 000, fearing the claim would never be realised.

Keith Roman, spokesman for the Sakkieskam­p claimants, said it seemed that the commission was encouragin­g cash payments to avoid transferri­ng land. “They should be called the Cash Payout Commission, not the Land Claims Commission,” he said. “The question is whether these claims are being intentiona­lly undermined.”

Distell spokesman Dennis Matsane said the company was unaware of the land claim. “Throughout our engagement­s with the Drakenstei­n municipali­ty, we were not aware of any claim pending on Erf 736. It was on this premise that Distell proceeded with the transactio­n,” he said.

“Any decision that Distell takes on the way forward will be informed by the outcome of engagement­s between the involved parties. We are optimistic that there will be an amicable resolution to this issue.”

The Land Claims Commission did not respond to Sunday Times queries this week.

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