Released - 20 September 2017
1. “Sharing” arrangements with the claimants
It is understood that a landowner in Leeuwenkloof (NOT a member of LCAG) has entered into an arrangement, of some sort, which involves her “sharing” her land (or the facilities on it) with the claimants. The landowner in question is also encouraging other landowners, in the claim area, to enter into “sharing” agreements with the claimants.
a) Bearing in mind the provisions of the “Restitution of Land Rights Act, 22 of 1994”, which in section 11(7)(aA) provide that “ once a notice of the claim has been published in a Government Gazette, no person may sell, exchange, donate, lease, sub-divide, re-zone or develop the land in question without having given the Regional Land Claims Commissioner one month’s written notice of his or her intention to do so”.
b) Considering what will happen when the Court eventually rules (as we believe it will) that the claim has no validity. For example, will any interim arrangement that you have made with the claimants still be valid?
The whole matter has the potential to be extremely complex and the committee strongly recommends that any member thinking of entering into any sort of partnership (or “sharing”) arrangement with the claimants should seek professional legal advice. We can imagine that any such agreements could get very messy, very quickly – unless they are well thought out and well-grounded legally and commercially.
2. Annual general Meeting
Our financial year end is 30 September and the annual general meeting will be held on Tuesday, 7 November 2017. 18h00 for 18h30 at Amanzingwe Bush Lodge. Please advise any matters that you would like discussed and also forward your nominations for committee members. (Nomination Form are available on the website.)
3. Status of the exercise to get a court hearing
It is important to understand that the Land Claims Court has written rules and practice directions (effectively ‘practices and procedures’). Among other things, these rules govern the interactions between the various parties and even go as far as to give directions on how parties shall communicate and set-up meetings between themselves. All the efforts that have so far been made by Peet Grobbelaar (our attorney) to set a date for a pre-trial conference have been made in accordance with the rules. Unfortunately, on three occasions, the rules have been ignored by some of the other parties and Peet has now addressed the registrar of the Land Claim Court to request the presiding Judge to convene a pre-trial conference.
The above matters are updates to the recent previous newsflashes and, for clarity, should be read in conjunction with them.
The opinions expressed in this newsletter are my own and do not necessarily represent those of the Committee or of the appointed legal team.