Submission period for land claims seen as too short

AFRIBUSINESS has logged a complaint in a final letter to the Land Claims Commission about its alleged non-compliance with the Land Restitution Act, 1994 with regard to the Johannesburg South land claim by the Bakwena Ba Mare a Phogole community, considered the largest of its kind in the history of South Africa.

This follows AfriBusiness submitting letters on December 9 last year and again on January 16 to inform the commission that the period for the public to make submissions is too short.

Some of the main affected areas are around Brackendowns, Kromvlei, Aspen Hills, Bassonia Rock, Alberton and Liefde en Vrede.

The land claim was published in a Government Gazette on November 4 last year and covers vast tracts of residential, state-owned, private and commercial land in the Joburg and Ekurhuleni municipalities’ jurisdictions, and includes municipal land, residential housing, land housing water pumping stations, reservoirs, schools, hospitals, hotels, and public roads and infrastructure.

Members of the Bakwena community allege they were relocated to Soweto and surrounds by colonial and apartheid authorities. They lodged their claim in May 1995, following the passing of the Restitution of Land Rights Act No 22 of 1994 (“the Act”).

Armand Greyling, law and policy analyst at AfriBusiness, said: “Numerous landowners who contacted AfriForum became aware of the claim only two weeks prior to the cut-off date for submissions, because the commission had not properly advertised the land claim, as legislation requires.

“The commission should have advertised the claim in the Government Gazette and local newspapers, and given personal notice to property owners which included references to street addresses instead of only providing title deed numbers. That is the proper procedure.”

Property owners had until February 2 to make submissions to the commission as to why affected properties should not form part of the claim.

“It is noteworthy that the commission’s own research report concludes that the community’s claim is dismissible, as evidence collected does not confirm that the Bakwena had been removed from the involved properties by discriminatory legislation after 1913,” Greyling said.

If the commission fails to advertise the claim properly and afford every property owner the opportunity to make proper submissions to the commission, AfriBusiness will approach the court to hold the commission accountable towards the public.

However, the Commission on Restitution of Land Rights said it would like to “put on record that the statement issued by AfriBusiness is grossly misleading and shows a lack of understanding with regard to the land restitution process”.

In a reply to questions, the Gauteng office of the regional land claims commissioner said section 11(1) (a-c) of the Restitution of Land Rights Act 22 of 1994 only requires the commission to gazette a land claim and publish a notice in the Government Gazette, which was done on November 4 as per a court order.

“Contrary to the AfriBusiness allegations, the commission went above and beyond the legislation requirement stated above by issuing gazette notices to landowners with up-to-date information with their relevant municipalities.

“The notice was also published in The Star and Daily Sun national newspapers on November 17, 2016.

“Furthermore, an invitation for a stakeholder meeting to provide verbal notice on the matter was placed at affected municipal buildings and also published in The Star, Sowetan and Daily Sun news publications on the same date.”

The commission did this as courtesy to affected land owners as the Restitution of Land Rights Amendment Act of 2014 which detailed the above requirements was declared invalid on July 28, 2016 by order of the Constitutional Court, the statement said.

“The commission would like to reiterate that land claims are lodged against the state, not individual landowners.

“If, after investigations, the claim is found to be valid, the commission is required to avoid major social disruptions while settling land claims, and therefore restoration of the already developed residential, recreational, commercial and other properties used in the public interest will be settled by provision of alternative state-owned land or financial compensation.”

Submissions for representations closed on February 7.

“The commission extends an invitation to AfriBusiness and any other affected party to meet with restitution officials for further clarity and discussions on the above,” said the statement.

“We have noticed that some parties have requested an extension to submit representations. Parties are hereby advised that the office of the Regional Land Claims Commissioner has since written a memorandum to the relevant authority to request such an extension and these parties will be informed of the outcome in due course.”