Newsflash

Released - 26 July 2017

Dear members

1. Status of the exercise to get a court hearing

For a second time the Mekareng, plus some of the other parties to the claim, have failed to respond to Peet Grobbelaar’s letter requesting that they make themselves available for a pre-trial conference. Accordingly Peet prepared, and submitted to the Land Claims Court, a comprehensive report which details the precise situation and which demonstrates the total apathy of the claimants. The very latest news is that the report has, also, been submitted to the judge allocated to our case. The intent behind the report is that the Court should now issue the necessary instructions to the claimants and should progress the matter.

It is probable that the claimants fully realize the weakness of their case and are reluctant to let it get to court with the law as it currently stands. It is also probable the claimants are hoping for a future (as yet unspecified) change in the law which will make their case viable. Unfortunately, unless the matter is voluntarily withdrawn by the claimants, or settled in court, it is not going to go-away. If it is just left ‘hanging’ it will continue to downgrade the desirability of properties and adversely impact prices realized (where sales do take place). An outstanding case will also encourage others to lay claim to our land.

2. Annual general Meeting

Another financial year has come nearly to an end and plans for the AGM are being prepared. A date towards the end of October or early November currently appears most likely.
Please advise any matters that you would like discussed and also forward your nominations for committee members. (Nomination forms are available on the website.)

3. Number of portions and members represented and size of the claim area

As part of the exercise to push the matter into court, and get a conclusion to the claim, significant efforts have been made to clean-up the database, obtain new information and relook at some of the underlying ‘facts’.

It had always been considered that the size of the claim was somewhere between 19000 and 22000 hectares but a new exercise shows that the total is closer to 10100 hectares. The discrepancy, which is considerable, is due mainly to the reliability of information obtained from the deeds office and to the interpretation of that information.

LCAG represents 296 portions owned by 247 individual members.

4. Membership information

There was a request in the April 2017 newsletter that members should complete and return a “Membership Information/Registration” form, which is attached hereto and is also available on the website:- www.broederstroomlandclaim.co.za.  
If you have not already done so, please complete and return the form so that we can verify the accuracy of our records. Please, either:-

  • Complete it, scan it and email it to accounts@broederstroomlandclaim.co.za ; OR
  • Complete it, take a photo of it (check its readable) and WhatsApp it to 082 337 0203 or 082 490 9756 (Pedro and Brian respectively); OR
  • Complete it and fax it to 086 656 3016; OR
  • Complete it and post it to:- The Secretary; P O Box 233; Broederstroom; 0240.

Whatever else you do, and irrespective of whether your account is in arrears or up-to-date, PLEASE COMPLETE THE MEMBERSHIP INFORMATION FORM AND RETURN IT. This is an important step in the process of aggressively seeking a court hearing and attempting to get a conclusion to the matter.

5. Squatters – (Portion 218; northwest of the R512 and Hartbeeshoek Road junction.)

In the June newsflash it was reported that “The landowner has assumed responsibility and has held meetings with the police, the sheriff and Madibeng Municipality. A pre-eviction planning meeting, with the police and other parties is expected to take place soon.”
Sadly, and for no stated reason, the landowner has withdrawn from the WhatsApp group that was monitoring developments and, as far as can be ascertained, no further progress has been made.
It is possible the landowner realized the costs associated with the exercise and the virtual impossibility of getting Madibeng Municipality to undertake its responsibilities in respect of the squatters. With regard to the Municipality it is worth noting that:-

  • Based on the 2014/2015 financial year Ratings Afrika judged Madibeng as the worst (joint last with Thabazimbi) municipality in South Africa with a score of 5 (out of 100!);
  • The Madibeng website currently displays the message “Sorry, The Madibeng Local Municipality website has been suspended due to non-payment…”; and
The recently released report of the Auditor General, for the 2016 financial year, is damming. According to the AG report unauthorized expenditure amounted to R800 million. Irregular expenditure amounted to nearly R170 million and R7 million was considered as fruitless and wasteful. (These amounts exclude the R1.773 BILLION of unauthorized, irregular and fruitless and wasteful expenditure of prior years that have not yet been dealt with.)

"The power of the collective is far greater than the power of one."

 

The above matters are updates to the recent previous newsflashes and, for clarity, should be read in conjunction with them.
As a formality I should like to record that the opinions stated above are my own and are made without prejudice to any legal or any other position that may exist insofar as the Broederstroom Land Claim is concerned.

Groete

Leon Scholtz

 

Chairman,                                                                             

Brian Reilly

26778 Land Claim Action Group.                                         

Committee member,

July, 2017

26778 Land Claim Action Group.

The opinions expressed in this newsletter are my own and do not necessarily represent those of the Committee or of the appointed legal team.

 

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