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NCOP Briefed on Communal Property Associations Bill

August 13, 2018

Department of Rural Development and Land Reform

The select committee on land and mineral resources was recently briefed on the Communal Property Associations Amendment Bill.

The national assembly passed the bill and set it for concurrence in May 2018.

The bill was tabled in parliament in April 2018.

Communal Property Associations (CPA) are legal entities established to hold land on behalf of beneficiary communities. Approximately 1 502 have been registered since the act was promulgated.

The bill aims to amend the Communal Property Associations Act of 1996 in order to:

• amend, insert and delete certain definitions;
• provide for clarity on the objective of communal property associations;
• provide for the establishment of a Communal Property Associations Office and the appointment of a Registrar of Communal Property Associations;
• provide for general plans for land administered by an association;
• repeal the provisions relating to provisional associations;
• provide improved protection of the rights of communities in respect of movable and immovable property administered by an association;
• provide for name changes of associations;
• improve the provisions relating to the management of an association that has been placed under administration;
• provide clarity on the content of an annual report in respect of associations;
• make provision for transitional arrangements; and
• provide for matters connected therewith.

According to the cabinet statement issued last year, the proposed legislation will enable communities to acquire, hold and manage properties by means of administration entities supported by government.

One of the amendments introduced by the portfolio committee is a new long title of Act 28 of 1996.

During the briefing, the rural development and land reform department confirmed that some of the challenges the proposed legislation sought to address included the extent of state intervention in the affairs of CPAs, governance issues in CPAs, disposal of CPA properties and oversight and monitoring.

The bill will now be sent to the provincial legislatures for public hearings.

The select committee also plans to hold hearings on the bill.