Property association wins battle for platinum-rich land in North West

Jubilation filled the Constitutional Court on Thursday after the Bakgatla-Ba-Kgafela Tribal Communal Property Association won a hard-fought and contentious battle for platinum-rich land in the North West.

When Justice Chris Jafta handed down judgment on Thursday, he ended the long struggle within the association, which consists of 32 villages in the Moses Kotane local municipality, the Bakgatla-Ba-Kgafela Tribal Authority and Kgosi Nyalala Pilane.

The community was dispossessed of its land, which covers sections of the Pilanesberg Game Reserve, during apartheid and lodged a successful land claim in 2006 under the Restitution of Land Rights Act.

But to take possession of the land, the community had to form a communal property association under section 5 of the Communal Property Association Act.

However, a dispute arose between the tribal authority, which wanted the land held in a trust, and the community, with the latter preferring that the land be held by an association.

Rural Development and Land Reform Minister Gugile Nkwinti intervened and suggested that a provisional association be registered to allow the parties to resolve the issue in 12 months.

A year passed, the fight remained unresolved and the association deregistered — in contravention of a key stipulation in the Communal Property Association Act.

In 2011, the association reregistered and signed a new constitution that was adopted and accepted by villagers.

But the department again failed to register the association permanently and it turned to the Land Claims Court, which directed land reform to proceed with the process.

The tribal authority and Kgosi Pilane went to the Supreme Court of Appeal to appeal the court’s decision. The appellate court ruled that the association did not exist because 12 months had lapsed and the director-general of rural development had not extended its existence for another year.

The community, in turn, approached the Constitutional Court. The highest court said that, in the interests of justice, it granted the community leave of appeal and ruled in its favour on the drawn out matter.

Justice Jafta also ordered that the Land Claims Court ruling be reinstated and the Supreme Court of Appeal decision be set aside. The justice also ruled that the minister and director-general pay the association’s costs for both the Supreme Court of Appeal and the Constitutional Court hearings.