By Johnathan Paoli
President Cyril Ramaphosa has signed the Communal Property Associations Amendment Bill into law, marking a significant step forward in protecting the rights of communities involved in communal property associations (CPAs).
The president’s spokesperson, Vincent Magwenya, said the legislation clarified the objectives and governance of CPAs.
He said the government had identified several issues that plagued CPAs, including the abuse of power by elected committee members and a lack of state intervention in the management of communal property.
Also, the Rural Development and Land Reform Department had struggled with limited monitoring and oversight capabilities due to resource constraints, making these amendments crucial for improving governance and accountability within CPAs.
The amendments are designed to enhance the management and oversight of communal land ownership, ensuring that residents who are members of CPAs hold actual ownership rights to the land, rather than the associations themselves.
This change addresses a longstanding issue where the lack of clear ownership often leads to confusion and disputes within communities.
In addition to defining ownership rights, the amended law introduces several critical provisions.
It establishes a framework for the development of general plans for land administered by CPAs, paving the way for more effective land use and planning.
Furthermore, it creates the Communal Property Associations Office, which will oversee the registration and governance of CPAs, and appoints a Registrar of Communal Property Associations to enhance accountability.
The Communal Property Associations Act applies specifically to communities that have acquired land through restitution as mandated by the Restitution of Land Rights Act of 1994.
The amendment aims to rectify various challenges that have hindered the effective implementation of the Act over the years.
Magwenya praised the signing of the Bill, saying it represented a renewed commitment to addressing the historical injustices faced by communities and ensuring that land restitution efforts were both meaningful and sustainable.
As the country continued to navigate the complexities of land reform, Magwenya said the legislation aimed to create a more equitable framework for communal land ownership, empowering communities to take charge of their land and resources effectively.
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