Newsflash

Released - 20 September 2017

Dear members

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.
Each landowner has (within the limits of the law, particularly the “Restitution of Land Rights Act, 22 of 1994”) a perfect right to deal with their own affairs, land and property as they see fit. If you choose to deal directly with, and make concessions to, the claimants IT IS YOUR CHOICE TO DO SO.  However, depending upon the type of arrangement you consider entering into with the claimants it is worth:-

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.

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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,

September, 2017

26778 Land Claim Action Group.

                                                                                                                             
Our bank account details
26778 Land Claim Committee; Standard Bank; Van Der Walt Street PTA.
Clearing Code 010145; Cheque account 410776882.

Please fax deposit slip to 086 656 3016.  Please use your membership number as a reference.

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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