Update Reports: Baroka Ba Nkwana, Bakoni-Ba-Mmamaro CPA, and Enquiry from Mr. C. Mathebe Presentation to the Portfolio Committee on Agriculture, Land Reform, and Rural Development

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This report provides updates to the Portfolio Committee on Agriculture, Land Reform, and Rural Development regarding Mr. Collen Mathebe's matter, Bakoni-Ba-Mmamaro CPA, and Baroka Ba Nkwana Land Claim. Mr. Mathebe's issue cannot be resolved through the Land Title Adjustment Act, and alternative options are explored. The Bakoni-Ba-Mmamaro CPA investigation and land claim details are outlined, with specific cases of land claimants losing rights on specified farms.

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UPDATE REPORTS: BAROKA BA NKWANA, BAKONI-BA-MMAMARO CPA AND ENQUIRY FROM MR C MATHEBE PRESENTATION TO THE PORTFOLIO COMMITTEE ON AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT 07 DECEMBER 2021 1

BACKGROUND The presentation aims to provide update reports to the Portfolio Committee on Agriculture, Land Reform and Rural Development on the following matters: Mr Collen Mathebe s matter; Bakoni-Ba-Mmamaro CPA; and Baroka Ba Nkwana Land Claim. Mr Collen Mathebe matter has been summarized in the PowerPoint presentation (slide 3), but addressed extensively on Annexures A and A1. The Bakoni-Ba-Mmamaro CPA and Baroka Ba Nkwana matters are wholly addressed in in this PowerPoint presentation 2

MR COLLEN MATHEBE MATTER No. KEY ISSUE RESPONSE (REFER TO ANNEXURE A) 01 There were several engagements with Mr Mathebe (Refer to Annexure A1). Upon investigation on his matter as well as consultations with the National Office, it was found out that Mr Mathebe s matter cannot be resolved through the Land Title Adjustment Act (Act 111 of 1993). Amongst other reasons, it was that the Act is not applicable on State /Communal Land and secondly, while the clients alleged to have bought the land on which they require Title Adjustment, there is no Title Deed that was issued in respect of the people who are said to have purchased the land. Mr Mathebe could not benefit in the Restitution claim in which others got financial compensation on the same land. The only option we could leave with Mr Mathebe was the Communal Land Tenure Bill, which when enacted into law, will favour them with Titles on their residential sites The Department received a letter through the Office of the Public Protector in which Mr Mathebe requested assistance with the Title Adjustment through the Land Title Adjustment Act (Act 111 of 1993) 3

2. BAKONI BA MMAMARO CPA The Office of the Regional Land Claims Commissioner: Limpopo received a land claim by Matonyane Piet Mmamaro on the farm De Goedeverwachting 332 KT and Spitzkop 333 KT. The land claim was lodged before the cut-off date of the 31st of December 1998. The land claim was then investigated, and the research report was approved on the 28th of July 2017. The investigation revealed that Mmamaro Tribe lost rights on Portion 1 of the farm De Goedeverwachting 332 KT and the Remaining Extent of the farm Spitzkop 333 KT. The office of the Regional Land Claims Commissioner consulted the claimants informing them of the outcome of the research and also provided them with the copy of the research report. The land claim by Mmamaro Tribe has since been published in the Government Gazette No. 29004, Notice No. 956 of 2006. 4

29 LAND CLAIMS WERE LODGED ON THE FARM DE GOEDEVERWATCHING 332 KT, ONLY NINETEEN (19) LAND CLAIMS WERE FOUND TO HAVE LOST RIGHTS ON THE SUBJECT FARM AND ARE AS FOLLOWS: NO KRP CLAIMANTS STATUS 1 4147 Tshehla Maleke Finalised Research Report Approved 2 4148 Makola Magdalinah Finalised 3 4150 Makola Matshekge Elsie Finalised 4 4168 Mathebane Nthebele Finalised 5 4490 Makola Lekobane Thabina Research Report Approved 6 4514 Makola Mahlahaume Rose Research Report Approved 7 4517 Maimela Manage Ephenia Research Report Approved 8 4518 Thokoane Mpusheng Sinah Research Report Approved 9 4519 Makola Samuel Foomane

9 LAND CLAIMS WERE LODGED ON THE FARM DE GOEDEVERWATCHING 332 KT, ONLY NINETEEN (19) LAND CLAIMS WERE FOUND TO HAVE LOST RIGHTS ON THE SUBJECT FARM AND ARE AS FOLLOWS: NO KRP CLAIMANTS STATUS Research Report Approved 10 4521 Serage Mamorake Sophy Finalised 11 4523 Tebele Emily Mangakane Finalised 12 4525 Nkadimeng Alleta Raesetja Research Report Approved 13 11789 Mukusa Jakobus Makola obo Makola Tribe 4144 Moretjele Morithi Elizabeth Research Report Approved 14 4171 Makolane Bonamashimo Piet Research Report Approved 15 4527 Thokoane Sepeke Peggy Research Report Approved 16 1521/4143 Babinaphuti Ba Makola Mashego Land Claims has been referred to court. Memo for referral has been approved by RLCC. Research Report Approved 17 770 Mmamaro community 18.

Claims which did not qualify on the farm De Goedeverwatching 332 KT 10 land claims were found not to have lost rights on the farm De Goedeverwatching 332 KT

7 LAND CLAIMS LODGED ON THE FARM SPITZKOP 333 KT AS FOLLOWS: NO KRP CLAIMANTS STATUS KRP CLAIMANTS STATUS NO 798 Ba-Leshaba community Research claimants lost rights on Ptns 1,2, and 3. Rule 3 Research report approved. The claim still to be investigated in terms of Rule 5 Research report approved. The claimants lost rights on Ptns 1,2, and 3. Research report approved. The claimants lost rights on Ptns 1,2, and 3. Research report approved. The claimants lost rights on Ptns 1,2, and 3. Research Report Approved. The claimants lost rights on Ptn 28. Research report Approved. The claimants lost rights on the Remaining Extent of the farm Spitzkop 333 KT report approved. The 1 5902 Bahlakwana Baga Rantho 2 2471 Mambai a Msuthu Community 3 4236 Choma M.K 4 12317 Masha Patrick 5 9516 Phetla MK 6 770 Mmamaro Community 7.

SUMMARY OF KEY ISSUES AND RESPONSES 9

KEY ISSUES RAISED AND RESPONSES No. KEY ISSUE RESPONSE 01 Delay in restoration of Portion 1 of the farm De Goedeverwatching KT. The following activities still need to be conducted on Mmamaro Land Claim communicated to Mr. Phogole through a tele conference and a letter on the 22nd September 2020. and this was 332 Activities are as follows: Finalize the claimants verification (finalize enlisting all the household/ people who lost rights on the claimed properties). Conduct options workshop (that is to explain the options available in terms of the Restitution Act to settle the land) Conduct property valuation to determine the monetary value of the claim. Negotiate the settlement of the claim, with claimants and the current landowners Request Ministerial approval when all parties are in agreement in the manner of settlement. 10

KEY ISSUES RAISED AND RESPONSES No. KEY ISSUE RESPONSE Portion 1 of the farm De Goedeverwachting 332 KT is not feasible for restoration since it is a village inhabited by the Phasha Community, and Kgoshi Phasha who also holds a proclamation for the same property. The Mmamaro Community was informed of the existence of the proclamation held by Kgoshi Phasha, through letters forwarded to their representative namely; Incorporation and Human Rights Commission on the 09th October 2020 and also through several engagements with the community. Stroh Coetzee 11

KEY ISSUES RAISED AND RESPONSES NO. KEY ISSUE 02 Delay in restoration of the Remaining Extent of the farm Spitzkop 333 KT. RESPONSE The following activities still need to be conducted on Mmamaro Land Claim and this was communicated to Mr. Phogole through a tele-conference and a letter on the 22nd September 2020. Activities are as follows: Finalize the claimants verification (finalize enlisting all the household/ people who lost rights on the claimed properties). Conduct options workshop (that is to explain the options available in terms of the Restitution Act to settle the land) Conduct property valuation to determine the monetary value of the claim. Negotiate the settlement of the claim, with claimants and the current landowners Request Ministerial approval when all parties are in agreement in the manner of settlement. 12

KEY ISSUES RAISED AND RESPONSES NO. KEY ISSUE RESPONSE The claimants have lost rights only on the Remaining Extent of the farm Spitzkop 333 KT. research report indicates that The claimants believe to have lost rights on portions where there are Mining activities. The Remaining Extent of the farm Spitzkop 333 KT is not restorable since it was consolidated with Portions 19, 30 of the farm Spitzkop 333 KT and Portions 8 and 27 of the farm Kennedys vale 361 KT and created a township called Steelpoort Extension 11 13

KEY ISSUES RAISED AND RESPONSES NO. 03 KEY ISSUE The claimants are requesting Section 29(4) funding to refer the matter to court. RESPONSE The Mmamaro Tribe land claims has been validated on Portion 1 of the farm De Goedeverwatching 332 KT and the Remaining Extent of the farm Spitzkop 333 KT. The farm De Goedeverwatching 332 KT and Spitzkop 333 KT have many example, Mampuru Bahlakwana Ba Rantho and Babinaphuti Ba Mashego. claimants, for Tribe, Makola A 14

KEY ISSUES RAISED AND RESPONSES NO. KEY ISSUE RESPONSE The office is processing Section 29(4) applications for all the claimants of the farm De Goedeverwatching 332 KT and Spitzkop 333 Mmamaro Tribe on Portion 1 of the farm De Goedeverwatching 332 KT and the Remaining Extent of the farm Spitzkop 333 KT . KT including 15

REPORT ON BAROKA BA NKWANA LAND CLAIM KRP 2550 16

KEY ISSUE The status of the farms claimed by Baroka Ba Nkwana and overlapping land claims. 17

BACKGROUND The Office of the Regional Land Claims Commissioner: Limpopo received a land claim lodged by the late Chief Nkwane Aubrey Phasha on behalf of Baroka Ba Nkwana Community. The land claims were lodged on Twenty Three Farms (23) namely: Winterveld 417 KS, Dal Josaphat 416 KS, Rostok 410 KS, Umkoanesstad 419 KS, Jagdlust 418 KS, Indie 474 KS, Schoonoord 462 KS, Zwartkoppies 413 KS, Moeitjelijk 412 KS, G & G Government grond 503 KS, Eersterecht 502 KS, Meddelin 538 KS, Hoeraroep Blaawboemetjieskloof 428 KS, Haakdoorenhoek 409 KS, Zeekoegat 421 KS, Roodekrans 410 KS, Middelpunt 420 KS, Diamand 422 KS, Jobskop 411 KS, Strydkraal 537 KS and Mooiplaas 516 KS. 315 KS, Zwitzerland 473 KS, 18

DATE OF APPROVAL OF RULE 5 RESEARCH REPORTS There are several overlapping claims on some of the farms claimed by Baroka Ba Nkwana. Due to overlapping land claims, the office then investigated these farms in three different research reports. 1st Research report was on the farm Mooiplaats 516 KS and Stydskraal 537 KS . Research was approved on the 29 March 2016. Outcome of the Research: Baroka Ba Nkwana had aboriginal rights on the two farms. Tau Tribe accumulated tenancy rights in terms of customary law. Masha Community acquired beneficial occupational rights and are Proclamation holder. 19

DATE OF APPROVAL OF RULE 5 RESEARCH REPORTS 2nd Research Report was approved on the 10 March 2017. Outcome of the Research: The claim was accepted in favour of Baroka Ba Nkwana on the six farms ; Zwartkoppeis 413 KS, Winterveld 417 KS, Jagdlust 418 KS, Umkoanastad419 KS, Zwitzerland 473 KS and Indie 474 KS. Jibeng community, Atok RDP Zonal, The Kingdom of Sekhukhune, Mpaketsane and Magadimane Ntoeng also have rights on the same farms. 20

DATE OF APPROVAL OF RULE 5 RESEARCH REPORTS 3rd Research report was approved on the 20 March 2019. Outcome of the research: Baroka Ba Nkwana lost rights on the farms Dal Josaphat 416 KS, Middelin 538 KS, Schoonoord 462 KS, G & G Government grond 503 KS, Eersteeerecht 502 KS, Hoeraroep 315 KS, Haakdoringhoek 409 KS, Zeekoegat 421 KS, Roodekrans 410 KS, Middlepunt 420 KS, Diamand 422 KS, Jobskop 411 KS, Moeijelijk 412 KS, Salie Sloot 718 KS and Blaawboemetjieskloof 428 KS. 21

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS AND THEIR STATUS PROPERTIES PROCLAMATION HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPPING CLAIMS STATUS OF BAROKA BA NKWANA Mooiplaats 516 KS Masha (Makgopole) GN2096/1968 Tau Tribe (KRP1833) Research report approved as compliant Gazette on the farm Stydskraal 537 KS and Mooiplaats 516 KS on the Remaining Extent , Ptn 1, Remaining Extent of Ptn 2, Ptn 4 & 5 was published on 31 May 2019 under gazette No. 42496, Notice No. 821. Stydskraal 537 KS Masha (Makgopole) GN2096/1968 Tau Tribe (KRP1833) Research report approved as compliant

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS, AND THEIR STATUS PROPERTIES PROCLAMATIO N HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPPING CLAIMS STATUS OF BAROKA BANKWANA Zwartkoppies 413 KS Jibeng Community (KRP 1530) Research report approved as compliant on 10 March 2017. Gazette on the farm Zwartkoppies 413 KS, R/E, Portion 1 was published under gazette No. 43613, Notice No. 880, dated December 2018. Gazette was published on 7 December 2018 under Gazette 42092, Notice No. 1357 No. 7 Atok Zonal RDP (KRP 11144) Research approved as compliant on 31 August 2018. report

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS AND THEIR STATUS PROPERTIES PROCLAMATION HOLDER OVERLAPPIN G CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Jibeng community (1530) Winterveld 417 KS (forms part of a conservation area) Research report approved as compliant on 10 March 2017. Gazette on the farm Winterveld 417 was published under gazette No. Notice No. 880, dated December 2018. Gazette was published on 7 December 2018 Gazette No. 42092, Notice No. 1357 under 43613, 7 Peta WA (KRP 1511) Research report approve as non-compliant on the 29 November 2019.

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS AND THEIR STATUS PROPERTIE S PROCLAMAT ION HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Jagdlust 418 KS Kingdom of Sekhukhune (KRP 2585) Research approved as compliant on the 29 August 2019. Gazette on Remaining Extent, Portion 1 and 2 of farm Jagdlust 418 KS was published under gazette No. 43613, Notice No. 880, dated 7 December 2018. Jibeng community (KRP 1530) Research approved as compliant on 10 March 2017. Sekhukhune RT- Marota Mohlaletsi community / Bapedi Tribe (KRP 11200) Research approved as Non-compliant on 7 September 2005. Atok Zonal RDP (11144) Research approved as compliant on 31 August 2018.

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS AND THEIR STATUS PROPERTIE S PROCLAMATI ON HOLDER OVERLAPPIN G CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Umkoanasta d 419 KS Peta WA (KRP1511) Research report approve as non-compliant on the 29 November 2019. Gazette on Remaining Extent, of farm Umkoanastad 419 KS was published under gazette No. 43613, Notice No. 880, dated 7 December 2018. Kingdom of Sekhukhune (2585) Research approved as compliant on August 2019. the 29

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS AND THEIR STATUS PROPERTIES PROCLAMATIO N HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Zwitzerland 473 KS Baphoto Ba Tau (KRP 1939) Research report approved as non-compliant on the 9 June 2005 and 20 March 2019. Gazette on Remaining Extent, of farm Zwitzerland 473 KS was published under gazette No. 43613, Notice No. 880, dated 7 December 2018.

CLAIMED PROPERTIES, PROCLAMATION HOLDERS, OVERLAPPING CLAIMANTS AND THEIR STATUS, STATUS OF BAROKA BA NKWANA. PROPERTIE S PROCLAM ATION HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Indie 474 KS Kingdom of Sekhukhune (2585) Research approved as compliant on the 29 August 2019. Gazette on Remaining Extent of farm Indie 474 was published under gazette No. 43613, Notice No. 880, dated 7 December 2018 Mpaketsane community (KRP 1678) Research approved as non compliant on 8 July 2005. Sekhukhune RT- Marota Mohlaletsi community / Bapedi Tribe (KRP 11200) Research approved as Non-compliant on 7 September 2005.

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS AND THEIR STATUS PROPERTIES PROCLAMATION HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Dal Josaphat 416 KS None Still to be gazetted Middelin 538 KS Baroka Ba Nkwane GN1063/1960 Tau (Mankotsane) GN2096/1968 Nchabeleng GN1063/1968 None Still to be gazetted Schoonoord 462 KS Kingdom of Sekhukhune (2585) Research approved as compliant on the 29 August 2019. Still to be gazetted

CLAIMED PROPERTIES, PROCLAMATION HOLDERS, OVERLAPPING CLAIMANTS AND THEIR STATUS, STATUS OF BAROKA BA NKWANA. PROPERTIES PROCLAMATIO N HOLDER OVERLAPPI NG CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA G & G Government Grond 503 KS Koni (Seopela) GN677/1968 Baroka Ba Nkwane GN1063/1960 None Still to be gazetted Eersteerecht 502 KS Tau (Mankotsane) GN2096/1968 Baroka Ba Nkwane- GN1063/1960 Tau Mankotsane Tribe (KRP 6917) Research approved as compliant on 26 March 2019. Still to be gazetted

CLAIMED PROPERTIES, PROCLAMATION HOLDERS, OVERLAPPING CLAIMANTS AND THEIR STATUS, STATUS OF BAROKA BA NKWANA. PROPERTIE S PROCLAMATION HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Hoeraroep 315 KS Nchabeleng- GN1063/1960 Tau (Mankotsane) GN2096/1968 Baroka Ba Nkwane- GN1063/1960 Nchabeleng Tau Mankotsane Tribe (KRP 6917) Research approved as compliant on 26 March 2019. Still to be gazetted Tladi SJ Baphoto Ba Tau (KRP1939/11040 ) Research report approved as non- compliant on the 9 June 2005 and 20 March 2019. Atok Zonal RDP (KRP 11144)

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS AND THEIR STATUS PROPERTIES PROCLAMATION HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Haakdoringhoek 409 KS Baroka Ba Nkwane- GN1063/1960 Atok Zonal RDP (KRP 11144) Still to be gazetted Zeekoegat 421 KS Baroka Ba Nkwane- GN1063/1960 Peta WA- Phasa and PETA families (KRP 1511) Research approved as non- compliant on 29 November 2019. Still to be gazetted Roodekrans 410 KS None Still to be gazetted

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS, AND THEIR STATUS PROPERTIES PROCLAMATIO N HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Middelpunt 420 KS Baroka Ba Nkwane- GN1063/1960 Atok Zonal RDP (KRP11144) Still to be gazetted Diamand 422 KS Baroka Ba Nkwane- GN1063/1960 Peta WA (KRP1511) Research report approved as non-compliant on the 29 November 2019. Still to be gazetted Tladi SJ Baphoto Ba Tau (KRP1939/11040 ) Research report approved as non-compliant on the 9 June 2005 and 20 March 2019. Still to be gazetted

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS, THEIR STATUS PROPERTIES PROCLAMATIO N HOLDER OVERLAP PING CLAIMANT S STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Jobskop 411 KS Baroka Ba Nkwane- GN1063/1960 None Still to be gazetted Moeijelyk412 KS Atok Zonal RDP (11144) Research approved as compliant on 31 August 2018. Still to be gazetted Jibeng community (KRP 1554) Research report approved as compliant on 10 March 2017. Gazette was published on 7 December2018 under Gazette No. 42092, Notice No. 1357.

CLAIMED PROPERTIES, OVERLAPPING CLAIMANTS, PROCLAMATION HOLDERS AND THEIR STATUS PROPERTIES PROCLAMATIO N HOLDER OVERLAPPING CLAIMANTS STATUS OF OVERLAPING CLAIMS STATUS OF BAROKA BA NKWANA Salie Sloot 718 KS Mampane M- Mampane community (KRP 1554) Research approved on the 16 February 2009. Gazetted Still to be gazetted Shabangu Z S- Ndebele Ndzudza community (KRP 12152/12156) Research outstanding Blaawboemetjiesklo of 428 KS Baroka Ba Nkwane- GN1063/1960 None Still to be gazetted

COMMENTS Kingdom of Sekhukhune are also claimants on the property claimed by Baroka Ba Nkwana. The Kingdom through their communities bought farms totaling 34, but those farms are held in trust by the State under the custodianship of the Minister of Agriculture, Land Reform and Rural Development. Baroka Ba Nkwana dispute the Kingdom of Sekhukhune s claims on farms that they have proclamations on. 36

COMMENTS The Office of the Regional Land Claims Commissioner will arrange stakeholders meeting with Baroka Ba Nkwana and all other countering claimants on the said farms in order to discuss the best settlement model to settle/finalize their land claims. 37