KNYSNA NEWS – The Knysna Land Claims Committee has voiced its dissatisfaction with the way in which the Commission on Restoration of Land Rights has handled the Knysna land claims process.
Speaking on behalf of the Knysna Land Claims Committee in a statement on Monday, member Leonie Pasja said they have decided to mobilise in order to make government accountable.
"The government's recovery programme aims to protect the fundamental rights of persons who are unlawfully removed of their land since 1913. People can therefore reclaim land or request financial compensation," she said.
According to Pasja, Knysna land claims and claims from surrounding areas were approved after people were forcefully removed in 1996 from Old Place, Leisure Island, Pezula, Thesen Island, Noetzie, Eastford and Salt River, among others.
"At that point the value of individual land claims was set by the government at
R16 000, a meagre amount that undermines the human dignity of the land claimants. In neighbouring villages and other provinces, land claimants received much more compensation. The question arises: what was the R16 000 based on?" Pasja said. "A human can understand the urgency of this group given their desperate financial position: unemployment, redundancies, underpayments and poverty including the wider community that suffers."
A group of 24 land claimants insisted on the restoration of their land rights and getting back their land.
"In collaboration with Knysna Municipality, the land claimants have identified alternative land as their land is already occupied and developed. This process has so far yielded nothing. This despite other towns like Covie and District Six which have already regained land," said Pasja.
Pasja questioned the seriousness of both the Knysna Municipality and the Commission regarding the claim, as many primary land claimants have already died.
"People have a constitutional right to claim land and our own government is failing people in this regard. A group of concerned plaintiffs met on Sunday [30 May] in Hornlee to mobilise, inform plaintiffs about their rights and to organise relevant authorities to finalise the claim which is still delayed and has not yet been settled," said Pasja.
A task team of seven people has been appointed to coordinate actions to bring the government to the table.
"It is unacceptable that there are laws that are not enforced by the government. Inferior communities continue to suffer from landlessness and discrimination and [are getting more] impoverished by the day. The group therefore notes that they must contribute to their own development given the decline in service delivery and corruption," Pasja said.
Hornlee residents in a meeting about land claims.
Claim settled in 2000
The communications officer of the Department of Agriculture, Land Reform and Rural Development, Vuyisani Nkasayi, said the Knysna community claim was settled on 7 November 2000 for an amount of R20 787 285,08.
"It was agreed that an amount of R385 891,04 (R16 495,46 x 24) will be reserved for the benefit of 24 claimant households interested in development. This amount excluded grants that may be made available in terms of the S42D Settlement Agreement. The claimant households formed the Restonia Trust," he said.
According to Nkasayi, the Knysna Municipality resolved to avail 1,69 hectares in Heidevallei to the 24 claimant households (Restonia Trust).
"The extent was calculated based on the total award amount multiplied by the developable land divided by the market value of the land. The development of Heidevallei was dependent on the involvement of a private partner.
"Although the Restonia Trust initially objected to the extent of the land as proposed by the municipality, the claimant agreed in 2015 after alternatives were also explored without success," Nkasayi said.
He said the municipality was formally requested by the office of the Regional Land Claims Commissioner: Western Cape (RLCC: WC) to release the land in line with the agreement.
"No response was received due to the constant change of the leadership in the municipality. After a long delay the municipality responded, and a meeting was convened with the municipality during March 2018. The municipality confirmed that the agreement with the private partner for the development of Heidevallei was formally terminated," he said.
It was also decided to investigate all land within the municipal boundaries.
"It was confirmed that the only suitable land is the land in Heidevallei. The RLCC: WC also without success tried to identify alternative land to finalise this long outstanding matter. The Office of the Regional Land Claims Commissioner: Western Cape requested the Restonia Trust to provide the office with a resolution regarding the land in Heidevallei for the Knysna Municipality to fast-track the release of the land in Heidevallei. This response is still outstanding," Nkasayi said.
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