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Richtersveld Deed of Settlement Implementation Progress

Richtersveld Deed of Settlement Implementation Progress. 27 February 2019. Contents. Background Status of DOS Obligation Execution Transfer of Properties R45 Million Payment. Background.

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Richtersveld Deed of Settlement Implementation Progress

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  1. Richtersveld Deed of Settlement Implementation Progress 27 February 2019

  2. Contents • Background • Status of DOS Obligation Execution • Transfer of Properties • R45 Million Payment

  3. Background • In December 1998, the Richtersveld Communities instituted a land claim against the Government and Alexkor • In 2003, after protracted legal proceedings the Constitutional Court ruled in favour of the Richtersveld Communities • In 2007, Government, Alexkor and the Claimant Communities reached a settlement agreement (reduced to a Deed of Settlement or DOS) which was made an order of court • The DOS sets out the provisions of the settlement agreement including amongst others: • The establishment and functions of the Richtersveld Communal Property Association and its structures ; • Pooling of mining assets to form the Pooling and Sharing Joint Venture; • Establishment of the Alexander Bay Township; • Transfer of properties to the Claimant Communities; • Capitalisation of the mining operations and; • Environmental rehabilitation obligations

  4. Obligations of the State(1/2)

  5. Obligations of the State(1/2)

  6. Implementation of the DOS

  7. Properties to be Transferred

  8. Properties to be Transferred • In March 2018 a task team lead by Northern Cape Provincial Government was established to oversee the handover process including a review of required resources manage the municipality services; due diligence on the engineering infrastructure and a conclusion of the transitional agreement stipulated in the DoS. • The task team includes officials from the National and Provincial Cooperative Governance and Traditional Affairs, Public Works, Public Enterprises, Namakwa District, Richtersveld Local Municipality, Education, Rural Development and Land Reform and Alexkor

  9. R45 Million Payment Progress • In October 2015, the RCPA leadership in a meeting with the DPE and DRDLR proposed that the outstanding R45 million be paid directly to the beneficiaries. This would require an amendment to the DoS as the DoS directed that the payment be made to the RPHC. To effect this proposal, DPE, DRDLR arranged a meeting with all the beneficiaries to inform them of the new development. In a meeting held in May 2016, the community gave consent for the Government to initiate the process of the amending the DoS to effect payment to the beneficiaries. However opposing views on how the money should be disbursed surfaced delaying the disbursement of R45 million and properties. • Following the meetings convened by NCOP in November 2017 and February 2018 respectively, the Departments of Rural Development and Land Reform (DRDLR) and DPE were tasked with the responsibility of regularising the Richtersveld Community • During the 2018, a number of attempts were made to organise election for the new Richtersveld Sida Hub communal property association (RCPA) • Following numerous failed attempts to conduct elections, DRDLR recommended that the RCPA be placed under administration • The court process is currently underway

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