By Nkosana Khumalo
President Cyril Ramaphosa has officially signed into law the Communal Property Associations Amendment Bill, which introduces significant updates to the original 1996 Act. This legislation is designed to enhance the rights of communities involved in Communal Property Associations (CPAs) and addresses longstanding challenges in communal land management. By doing so, it provides greater clarity on land ownership, governance, and the roles of these associations.
Key Provisions of the Amendment
The amended law clarifies that land within a CPA will be owned by the members of the community, rather than the association itself, thus securing individual ownership rights. Additionally, the law establishes a Communal Property Associations Office and mandates the appointment of a Registrar to oversee CPA operations, promoting a more robust regulatory framework. These changes are aimed at improving transparency and accountability within CPAs by clearly defining objectives and providing general plans for land management .
Addressing Past Challenges
The amendments respond to issues such as abuse of power by committee members and the state’s limited ability to intervene in CPA affairs. These issues have hindered the effectiveness of the original Act, limiting the Department of Rural Development and Land Reform’s capacity to monitor CPAs adequately. By strengthening state oversight and addressing these governance issues, the amended Act aims to create a more equitable environment for communities involved in communal land ownership .
Implications for South African Communities
This legislation is expected to provide improved protections for communities, fostering a more transparent and just framework for managing communal lands. President Ramaphosa emphasized that these amendments are a crucial step towards empowering communities and safeguarding their rights. The bill also aligns with broader efforts to support land reform and address historical inequalities in land ownership in South Africa
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