Report on the Riemvasmaak
Community Trust
Presentation to the Portfolio Committee on Rural
Development and Land Reform
12 August 2015
Presentation Outline
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Introduction
Restitution claim
1994 Settlement
Resettlement from Namibia
Trust under Administration
Restitution of last claim – The farm Sandrift
2009 Comprehensive Rural Development Plan (CRDP)
Minister’s visit
Current situation
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Introduction
• Riemvasmaak is situated in the Northern Cape in the ZF Mgcawu
District Municipality.
• The people of Riemvasmaak were forcibly removed in 1974, by the
former Apartheid South African government from their place of birth
– Riemvasmaaak and split into two with part of the community been
taken to Namibia then South West Africa and some to the former
Ciskei.
• The forced removals were done on ethnic bases , meaning the
Xhosa speaking were relocated to Ciskei and the Nama and
Damara speaking to Namibia.
• Regrettably there are a few households that are still in Namibia and
the Eastern Cape.
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Restitution Claim
• Riemvasmaak is one of the first restitution claims to be lodged and
setttled in South Africa.
• The claim was first lodged with the Advisory Commission on Land
Allocation( ACLA) in 1992, just two years before the dawn of the
newly democratically elected government in April 1994.
• On 11 February 1994 ACLA recommended that the land known as
the Riemvasmaak Reserve be restored to the people (community)
and the then State President accepted and approved.
• Following the establishment of the democratically elected
government on 27 April 1994, the Riemvasmaak claim was rectified
by the newly enacted act, the Restitution of Land Rights Act, 1994
(Act No. 22 of 1994).
• Total extent is about 74 000 hectares
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Resettlement from Namibia
• During 1995 and 1996, the then Department of Land Affairs, now
Department of Rural Development and Land Reform assisted 166
households to relocated (repatriated) from Namibia and the then
Ciskei to Riemvasmaak.
• The community lived in Riet-houses and in abject poverty.
• Government and the local municipality replaced the riet-houses
with proper houses and provided other basic services.
• 28 Households that were relocated to Welcomehood in the Eastern
Cape, opted for financial compensation and were paid R 1, 530
200.00 million Those that opted not to return received financial
compensation of
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Trust Under Administration
• Following
allegations of misappropriation of funds, the
Restitution Office in the Northern Cape requested Ministerial
approval to place the Trust under administration.
• In February 2010, The Master of the High Court of the
Northern Cape appointed a firm of attorneys, Mathews and
Partners as administrators.
• The contract between the Commission and the Administrator
was from 1 April 2010 to 31 July 2011.
• However, due to extensions the contract came to an end in
August 2012, and the contract amount was for R 4.2 million
• Two of the Trustees were found guilty by the court and were
arrested for misappropriating about R650 000.
• This triggered dissatisfaction within the community
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Continued….
• During the period of Administration , the Trust took over the
management, lease and production of the farm Omdraai ( Vaaldrift),
witch was bought for R28 million.
• Some leaders within the community to raise their dissatisfaction with
the Administrator, and argued that they are not informed about the
finances of the business – rental money, profit of the exported
grapes.
• These led to several intervention by the local political leaders
including the MEC but without any success
• It is worth mentioning that during the tenure of the Administrator, all
the reporting was done to the Provincial Department of Agriculture in
the province.
• Ultimately the Trust, represented by Mr Freddie Bosman raised their
concerns with Minister , Mr Nkwinti ( DRDLR).
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Minister visits Riemvasmaak
• After a focused meeting in Cape Town with Mr Bosman, the Minister
accompanied by the MEC for Agriculture and Senior Managers
called a community meeting at Riemvasmaak on 01 April 2014.
• During the meeting the community informed the Minister that they
don’t need the Administrator anymore, they want to managed their
land themselves.
• Minister advised the community to address governance challenges
by setting up 4 committees ,(governance, planning, repatriation
and development) under the leadership (Chairmanship) of a local
councillor.
• The most important one was for them to consider changing the land
holding entity from TRUST to a Communal Property Association and
report back to allow him and the department to register a new CPA.
• To date all efforts to assist the community to achieve this have been
rejected , especially by Mr Bosman.
• To date there is minimal progress in this regard.
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Last restitution Claim
• In 2003 the Riemvasmaak Community Trust lodged the second claim with
the Regional Land Claims Commissioner of the Free State and the
Northern Cape.
• The Commission settled the claims through section 42 D of the Restitution
Act and was approved by Minister in June 2009.
• The total extent of the is 46 595 hectares, worth R 28 million and is held
by the TRUST.
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CRDP site
• Riemvasmaak is one the first Comprehensive Rural
Development Program site.
• It was launch by the Minister , on 19 June 2009- just after the
election of the new Administration.
• The CRDP program yielded positive results that culminated in
the implementation of several projects:
 22 houses;
 Bulk water pipe;
 Early Childhood Development Centre;
 Upgrade of sports facilities;
 Clinic; and
 Library.
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CRDP Projects
PROJECT NAME
A/ BUDGET
E/ EXPENDITURE
JOBS
Bulk Water Pipe line R 13 M
R 12 M
74 ( 3 Permanent)
2 X ECD Centers
R1M
R 1M
12 jobs created ( 2 Permanent)
Upgrading of 2
Community Halls,
R1M
R 1M
20 Temporary jobs
Housing ( 22)
R 1.3 M
R 1.3 M
7 0 Temporary jobs
E-RAP Centers
x2
R 1M
R 1M
24 Permanent Jobs
Upgrading Sports
ground
R 500 000
R 500 000
20 Jobs (18 temporary & 2
Permanent)
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Intervention by the Master of the High Court
• On 15 May 2015 the Master of the Northern Cape High Court called
a meeting of the Riemvasmaak community which was held at Naba
Lodge in Upington.
• The meeting was a result request from the Public Protector to clarify
his role and that of the other TRUSTEES appointed to deal with the
affairs of the Riemvasmaak community Trust.
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Continued…
• The meeting of 15 May 2015 focused on the centrality of the
Riemvasmaak Community Trust DEED.
• The Master is the only person who appoints the trustees.
• All trustees are appointed according to section 7,2 of the
Riemvasmaak community Trust Deed.
• The Master acts within the confines of the Trust Deed.
• Finally, the Master has no say in what the trustees must do.
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Continued…
At the end of the meeting of 15 May 2015 the following resolutions were
taken:
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To have systems in place to hold regular meetings;
To appoint alternative TRUSTEES;
Interim Trustees be appointed until the next elective AGM;
A governance workshop to be arranged to explain the TRUST DEED
and including who the Trustees are; and
• Master to make audited financial statement and conduct the Election
on 13 June 2015.
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Conclusion
• The role of the Administrator and who is currently managing him is
not clear.
• The Master is still in control.
• The Business operation on the farm Vaaldrift still the responsibility of
the Provincial Department of Agriculture.
• DRDLR currently has a very minimal role to play after the
completion of most of the CRDP projects.
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THANK YOU
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