We believe that law should in principle assist vulnerable communities in changing power relations. Law is fundamentally a ‘neutral’ set of rules that constrains power by requiring decisions and actions of those in power to comply with legal rules, rights and obligations. Unfortunately, we have seen the powerful appropriate law as a tool for only protecting and strengthening their interests.

The adoption and adaptation of enclosures in the arid and semi-arid rangelands of sub-Saharan Africa is driven and sustained by a combination of factors. However, reviews indicate that these factors cannot be generalized, as they tend to be case specific. A study was therefore conducted to explore the history and reasons for enclosure establishment in Chepareria, a formerly degraded communal rangeland in north-western Kenya.

It is the ineludible commitment of the State of Nicaragua to respond to the claim for the titling of the lands and territories of the indigenous peoples and ethnic communities of the former Mosquitia of Nicaragua; right set forth in the International Treaties entered into between England and Nicaragua, such as the 1860 Managua Treaty and the 1905 Harrison-Altamirano Treaty. This right to the land is recognized in the 1987 Political Constitution of Nicaragua and the Statute of Autonomy of the Autonomous Regions of the Atlantic Coast.

Members expressed concern that the Communal Property Associations Annual Report 2014/5 had not been signed by the Minister nor tabled in Parliament yet. The Committee agreed that it could not consider the Department’s presentation because the corresponding report had not been submitted to them in advance. The Deputy Director-General of the Department explained the delay and the Minister apologised to the Committee. The meeting was then adjourned.

The Department of Rural Development and Land Reform (DRDLR) and the Minister briefed the Committee on the performance, outcomes and challenges of the Land Rights Management Facility, presenting the Fourth Quarter 2014 report, and also touching on the Extension of security of tenure (land) Amendment Bill. It was noted that the Land Rights Management Facility (LRMF) tried to facilitate provision of specialised legal and mediation services to indigent communities and individuals faced with violations of their rights pertaining to land and livelihood.

The Department of Rural Development and Land Reform (DRDLR) and the Ingonyama Trust Board presented their fourth quarter performance and financial reports for 2014-15. The Committee also received at status report on the Riemvasmaak community claim.

The meeting began with the adoption of the draft report on the budget vote 39, where a number of small issues were raised, including typos and minor amendments. The main thrust of the changes was that the Land Claims Court should be given greater priority, and a policy needed to be put in place to help with alleviating the bottlenecks in these courts. The adoption of the report became heated when the DA abstained from approving it, even though they had been a part of the process from the beginning.

The Department of Rural Development and Land Reform (DRDLR) briefed the Committee on its third quarter 2014/15 performance and progress on the recommendations made by the Department of Performance Monitoring and Evaluation (DPME) and the Management Performance Assessment Tool (MPAT) evaluation.

The Ingonyama Trust Board (the Trust) presented its Annual Report for the 2014/2015 financial year. The Trust had committed R6 000 000 for the purchase of tractors to support production on communal land and noted that substantial sums of money were paid out for the benefit of 120 Learners. Employment, HR and vacancy figures were given. The Trust highlighted some performance statistics. In this year, the Board had approved 1 100 tenure rights, falling short of the target of 1 200.

The Department of Rural Development and Land Reform (DLDLR) provided a progress report on its interventions to address the challenges arising from the actions of the Rama Communal Property Association (CPA). The CPA had initiated some income generating activities on its land, which included a quarry business, and had started a museum and an entertainment centre that featured a cinema. In partnership with the Tshwane Metropolitan Municipality and private investors the CPA was in the process of developing houses on its land.

The Department of Rural Development and Land Reform (DLDLR) provided a progress report on its interventions to address the challenges arising from the actions of the Rama Communal Property Association (CPA). The CPA had initiated some income generating activities on its land, which included a quarry business, and had started a museum and an entertainment centre that featured a cinema. In partnership with the Tshwane Metropolitan Municipality and private investors the CPA was in the process of developing houses on its land.

To enable communities to form juristic persons, to be known as communal property associations in order to acquire, hold and manage property on a basis agreed to by members of a community in terms of a written constitution; and to provide for matters connected therewith. (English text signed by the President.)