Bjatladi community restitution claim

Abstract

This diagnostic study examines the restitution case of the Bjatladi Communal Property Association (CPA) and the development and use of the land that has been restored to it in terms of the restitution programme. It examines the nature and content of the post-settlement support which they have received, and draws lessons from their experience of a strategic partnership arrangement. It is hoped that the documenting of these initiatives will contribute to the development of a strategy for post-settlement support provision by land reform institutions and associated agencies. The report describes the location and physical features of the restored land, the history of ownership and dispossession and the changes in land use that took place in the postdispossession period. The process of the claim lodgement, verification, negotiations and settlement are then traced. A detailed assessment of the Settlement Agreement and its implementation is made and the establishment and functioning of the various landholding, shareholding and management structures are considered. The activities undertaken during the post-settlement period and the extent of post-settlement support provision are examined. The study highlights issues for consideration regarding the strategic partnership arrangement as a model for the provision of post-settlement support, and draws conclusions about the central issues emerging from the investigation. In summary, the conclusions focus on the unique set of circumstances surrounding the settlement of the claim; the exclusive nature of the relationship between the community and the strategic partner and the implications of this for support provision; the extent to which the wider land needs of the community, such as land for housing and for smallscale food production, have been addressed; the nature and flow of benefits accruing to the community; the extent to which the rights of individual members have been defined; the sources of potential competition and conflict; and the potential impact of ambiguously drafted agreements.