For the Genadendal Transformasie Komitee to review

This page is waiting for the Genadendal Transformasie Komitee to check it. It is published now so that they can see how it fits with the rest of the site. Until they have approved the text, it may change. Questions for them:

  1. Does the page describe the process, and the Komitee’s part in it, correctly? What would you like to change?
  2. Is the summary of where the process stands in 2026 correct?
  3. Several points are marked [TBV], including whether the 2008 court order still stands. Can the Komitee confirm any of them, and from which documents?
  4. Which of the Komitee’s own documents may the page cite?

Theewaterskloof Municipality will also be asked to check how the page describes its part in the process.

The Transformation of Certain Rural Areas Act of 1998, known as TRANCRAA, is the law that decides who will own the land of Farm 39 [IC]. Farm 39 is the land on which Genadendal, Bereaville, Voorstekraal, and Boschmanskloof stand, and Madiba Park stands on it too [IC]. The national Minister responsible for land reform holds most of this land in trust for the residents [IC]. TRANCRAA provides for the Minister to transfer it to an entity, such as the municipality or a Communal Property Association (CPA), through a process that involves the residents [IC]. The process for Farm 39 began in 2002 and has not been completed [IC].

What the letters in square brackets mean

Facts on this page are followed by a tag that shows where they come from.

  • [IC] Independently Corroborated. Confirmed by at least two sources that do not depend on each other, or by an official record such as a court order, a law, or a government report.
  • [MS] Mission-Sourced. Comes from one party’s own documents or statements, or from the Forum’s research notes. It has not been checked against other sources.
  • [TBV] To Be Verified. Seems likely, but nobody has confirmed it yet.

In short

  • The land has been held in trust by the state since the early 1900s. TRANCRAA, passed in 1998, was meant to hand it to the residents’ chosen entity [IC].
  • The Theewaterskloof Municipality ran the process from 2002, through consultants it appointed [IC]. The Transformasie Komitee (called the Genadendal Transformation Committee in court papers) was elected in 2004 to speak for residents [IC].
  • The two sides disagreed from the start about how much land the process covers, who decides, and whether the municipality should own the land [IC].
  • A 2008 High Court order settled one court case, but its terms were never carried out [IC].
  • The 18-month transitional period for Farm 39 ran out in January 2011 without a transfer, so the land stayed with the Minister [IC].
  • Across South Africa, most of the 23 TRANCRAA areas waited more than twenty years for a transfer, and many are still waiting [IC].
  • In 2026 the Farm 39 land is still held in trust, and no entity has been recognised by the government [MS].

What TRANCRAA is

Before 1998, 23 former “coloured rural areas” in four provinces were governed by the Rural Areas Act 9 of 1987 [IC]. Under that law and the laws before it, most of the land was held by the state in trust for the residents [IC]. TRANCRAA replaced Act 9 [IC]. It works like this:

  • Trust land inside a proclaimed township passes to the municipality [IC].
  • The rest of the trust land (called the Remainder, mostly commonage and farmland) may be transferred to an entity: the municipality, a CPA, or another body the Minister approves [IC].
  • The Minister may only transfer the Remainder once satisfied that the receiving body’s rules balance the tenure and use rights of residents, members, and present and future users [IC].
  • If the land goes to the municipality, section 4 applies. The municipality must give residents a fair say and reasonable preference for access to the land, must not sell or encumber it without the consent of a majority of residents at a public meeting, and must account to residents for all money it earns from the land [IC].

The Act counts as a “resident” anyone who ordinarily lived in the area on 2 November 1998, or who was liable for rates or service charges there on that date [IC].

In 2014 the Land Claims Court held that TRANCRAA is a land reform law. It does not deal with land restitution, which is a separate legal process [IC].

The land

  • The Moravian mission at Genadendal was founded in 1737 [IC]. In 1858 the land was granted to the Moravian Church “for the use of and in trust for such persons as may from time to time be lawfully resident at the institution of Genadendal” [MS].
  • Balie’s history of Genadendal says the land was surveyed in November 1857 by J. Kuys, at 5,644 morgen and 289 square roods, and granted in trust to the church’s superintendent on 15 February 1858 [MS]. It says many residents rejected the grant because the superintendent was the only trustee, and they held that the land had belonged to their Khoi ancestors [MS]. On one page it dates the grant to 1856 [MS]. It also records a case over land ownership brought against the mission in the Supreme Court at the end of the 1800s, and another brought by a group of residents known as the Magermans in 1924 [MS].
  • In 1909 a new law placed mission land under management boards. Residents kept occupation rights, but could not become owners [IC].
  • In 1927 about 70 hectares at the core of Genadendal and Bereaville, known as the Glebe Lands, were granted to the Moravian Church [IC]. They sit outside the TRANCRAA process [IC].
  • The size of Farm 39 depends on which record is used. The consultants’ 2010 report gives 4,772.97 hectares for the original farm, and 4,641.45 hectares in the title deeds [IC]. A 2019 court judgment gives 4,515.53 hectares [IC]. Forum documents use “about 4,800 hectares” [MS]. The survey of 1857, at 5,644 morgen and 289 square roods [MS], is roughly 4,830 hectares at about 0.857 hectares to the morgen (this page’s own conversion).
  • The four township areas cover about 342 hectares [IC]. The rest, about 4,430 hectares, is the Remainder [IC].
  • A 2005 survey confirmed the fence between Genadendal and Greyton as the boundary [IC].

How the process is meant to work

The Department’s own guide sets out five phases [IC]:

  1. Preparation. Inform the municipality and set up a committee elected by residents. [IC]
  2. Land rights enquiry. Record who uses and owns what, and draw up a list of residents. [IC]
  3. Land use planning. Map current use and plan for future needs. [IC]
  4. Tenure management plan. Work out how the land could be held and managed. [IC]
  5. Choice of entity. Consult residents (the guide includes a referendum), then recommend an entity to the Minister, who decides and transfers the land. [IC]

The Act sets the steps in law [IC]:

  • The Minister starts an 18-month transitional period by notice in the Government Gazette. It can be extended once, by six months. [IC]
  • Within three months the municipality must tell the Minister how and when it will decide which entity should receive the land. If it fails to, a committee elected by residents may do so. [IC]
  • The municipality or elected committee then sends the Minister a written report recommending the entity. [IC]
  • If the Minister is not satisfied, or if residents make no recommendation within the transitional period, the Minister may decide and transfer the land. [IC]
  • Trust land that has not been transferred when the transitional period ends stays with the Minister, who may keep holding it in trust and may transfer it later under the Act’s principles. [IC]

Timeline

DateWhat happened
1737Moravian mission founded at Genadendal [IC]
Nov 1857The mission land is surveyed at 5,644 morgen and 289 square roods [MS]
1858Land granted to the Moravian Church in trust for residents [MS]
1909Mission Stations and Communal Reserves Act places the land under management boards [IC]
1924A secular board replaces the missionaries; Proclamation 98 of 1924 describes the extent of Genadendal [IC]
1924A group of residents known as the Magermans take the Moravian Church to the Supreme Court over property rights [MS]
1927Glebe Lands granted to the Moravian Church [IC]
1987Rural Areas Act 9 of 1987 takes over; Genadendal is added to it in 1989 [IC]
2 Nov 1998TRANCRAA comes into force; this is the qualifying date for residents [IC]
Dec 2000Theewaterskloof Municipality is created and absorbs the area [MS]
Mar 2002The municipality advertises a tender for consultants [IC]
15 Nov 2002Council appoints Urban Dynamics Western Cape; the contract is signed on 17 January 2003 [IC]
9 Nov 2004The Transformation Committee is elected; its constitution is adopted on 16 November 2004 [IC]
2005Land rights report, boundary survey, and list of residents completed; the Committee rejects the list as incomplete [IC]
Jun and Oct 2005The Committee’s powers are disputed at its meetings [IC]
Dec 2005The Committee’s attorneys ask for land sales to stop and for the consultants’ work to pause [IC]
6 Jun 2006The Committee declares a formal dispute, mainly over how the consultants were appointed [IC]
31 Jan 2007The Committee applies to the High Court (case 926/07) to review the municipality’s actions [IC]
27 to 28 Sep 2007Mediation at Houw Hoek between the Committee, the Minister, and the municipality [IC]
17 Oct 2008The Houw Hoek settlement is signed [IC]
22 Oct 2008The Western Cape High Court makes the settlement an order of court [IC]
20 Apr 2009The Minister signs the notice starting the transitional period for Farm 39 [IC]
26 May 2009The Legal Resources Centre advises the Steering Committee that parts of the settlement conflict with TRANCRAA [IC]
8 Jul 2009The notice is published and the 18-month transitional period begins [IC]
23 Sep 2009The municipality tells the Department of an “irreparable breakdown” with the Committee [IC]
21 Apr 2010The Committee rejects a proposed new facilitator [IC]
27 Jun 2010A community meeting at Emil Weder school hall rejects the new facilitator and the way Farm 39 is being divided [IC]
7 Jul 2010The municipality, the Department, and the consultants meet without the Committee and decide the settlement “cannot be implemented” [IC]
Aug 2010Legal entity options report completed [IC]
Oct 2010The consultants’ final report recommends that the Remainder be transferred to the municipality [IC]
Jan 2011The 18-month transitional period ends with no transfer; the land stays with the Minister [IC]
10 Oct 2014The Land Claims Court strikes the Committee’s application from the roll for lack of jurisdiction [IC]
18 May 2015The municipality writes to the Committee about unlawful occupation in Bereaville [IC]
27 Sep 2016The municipality’s Municipal Manager writes to the Department asking the Minister to decide, and says the municipality is the most suitable entity [IC]
Mar to May 2017The Ward 2 Forum publishes “Farm 39 Transformation: The Lost 18 Years” [IC]
2019Protests over services at Madiba Park, on Farm 39 land [IC]
10 May 2019The High Court lets two Genadendal residents defend municipal claims on the basis that their land falls under TRANCRAA [IC]
May 2021The Deputy Minister says all remaining TRANCRAA transfers will be done by 2022/23 [IC]
Oct 2024The Department tells Parliament that 603,000 of about 1.4 million hectares across the 23 areas have been transferred [IC]
Aug 2025The municipality’s Financial Recovery Plan reports that Genadendal accounts for about 20% of its outstanding debt [IC]
2025The Committee aligns with AfriForum and the Kaapse Forum; a CPA is being set up to receive the land [MS]
16 Sep 2026The Ward 2 Development Forum notes that the process is unresolved and that it will not duplicate bodies already dealing with it [MS]

Two dates differ between sources. The consultants’ report dates the settlement 8 October 2008, and the Ward 2 Forum series dates the notice 17 July 2009. This page uses the dates on the court order and in the consultants’ own chronology of the notice.

What the dispute is about

Each point below gives the positions in the words of the parties’ own documents.

1. How much land the process covers

  • TRANCRAA treats township land and the Remainder differently [IC]. The consultants’ report says “the Act further clearly states that land in the Remainder is the subject of the Transformation process” [MS].
  • The Committee’s position, set out by its attorneys in 2010, is that the land “falls squarely within the area of Farm 39, which is held in trust for the community of Genadendal; and the whole of such land is subject to the provisions” of TRANCRAA [MS].
  • The 2008 court order says “there shall be no distinction” between the binnemeent (inner commonage, including the garden plots known as tuingronde) and the buitemeent (outer commonage) [IC].
  • The consultants’ report calls the failure to accept the distinction between township land and commonage “the core of the disjuncture in the process” [MS]. In 2009 the Legal Resources Centre advised that the settlement conflicts with TRANCRAA on this point [IC].

2. Who decides

  • The Act gives the municipality the first duty to propose how the entity will be chosen and to recommend it. An elected committee may act if the municipality fails to. The Minister makes the final decision [IC].
  • The provincial Department of Local Government and Housing advised that the Committee has “an advisory status” and no decision-making powers in municipal affairs [MS]. In 2006 the national Department wrote to the municipality with concern that the Committee had become the “driver” of the project, which it said was inconsistent with TRANCRAA [MS].
  • The Ward 2 Forum’s 2017 analysis says “the requirements of the community, and not those of TWKM, should be paramount” [MS].

3. Municipality or community entity

  • The consultants recommended in 2010 that the Remainder go to the municipality, which would hold it in trust, could not sell it, and would sign a service delivery agreement with a residents’ structure [IC].
  • In 2016 the municipality wrote that “the correct decision would be to transfer Genadendal to the TWK as the most appropriate entity”, and that it “would respect and accept any other decision of the Minister” [MS].
  • The Committee has worked towards a CPA [MS]. The Ward 2 Forum’s 2017 analysis says there is “absolutely no evidence that the community agrees” with the municipal option [MS].

4. The list of residents and a vote

  • The residents list compiled in 2005 was rejected by the Committee as incomplete [IC]. The 2008 order required it to be updated [IC].
  • In July 2010 the municipality, the Department, and the consultants decided that updating the list was “not further required” and that there was “no need for a referendum” [IC]. The consultants noted that TRANCRAA does not require a referendum [MS].

5. Land sales during the process

  • The Committee’s 2007 court application objected to the “sale and transfer of trust immovable property” to outsiders [IC]. The 2008 order placed “an immediate moratorium on the sale of Trust Land” [IC].
  • The Ward 2 Forum’s 2017 analysis says over 200 residential properties on Farm 39 had been sold and transferred with the municipality’s knowledge [MS].

6. Services and rates

  • In 2016 the municipality listed, as the first issue to resolve: “The Rates boycott and the poor collection rate in Genadendal. This can no longer be tolerated” [MS].
  • The municipality’s 2025 Financial Recovery Plan says that in Genadendal “the community feels that the land does not belong to the municipality and that they therefore have no obligation to pay for said services” [IC].
  • In 2019 the High Court found that two Genadendal residents had “a substantial defence that is fit for trial” when they argued their land falls under TRANCRAA [IC].
  • Service matters on Farm 39 land where the municipality does not own the land, such as Madiba Park, are covered on Madiba Park: Land Status and Basic Services.

How the TRANCRAA process proceeded elsewhere

TRANCRAA covers 23 areas: 12 in the Western Cape, 8 in the Northern Cape, 1 in the Eastern Cape, and 2 in the Free State [IC]. The record shows long delays across the country:

  • In April 2018, twenty years after the Act, none of the six Namaqualand areas had been transferred. Together they cover about 1 million hectares [IC].
  • In May 2021 the Deputy Minister said Haarlem, Mamre, and most of Ebenhaeser were transferred in 2020/21, and that all remaining transfers would be finished by 2022/23 [IC].
  • That target was missed. In October 2024 the Department told Parliament that 603,000 hectares of about 1.4 million had been transferred, and named staff shortages, a lack of municipal co-operation, and community disputes as the main obstacles [IC].
  • Where dates are known, every transfer found for this page came more than twenty years after the Act [IC].
  • Receiving land is only part of the task. In October 2024, 82% of South Africa’s 1,742 registered CPAs were not complying with the law that governs them [IC]. The Minister listed “conflicts and infighting, failure to comply to founding legislation, inadequate governance” among their problems [MS].

The Department’s figures do not agree with each other: it reported 473,938 hectares transferred in July 2024, 599,000 in August 2024, and 603,000 in October 2024 [IC].

AreaProvinceWhat the official record shows
Genadendal (Farm 39)Western CapeTransitional period began 2009 and ended 2011; not transferred [IC]
MamreWestern CapeTransferred to a CPA in 2020/21 [IC]
HaarlemWestern CapeTransferred in 2020/21 [IC]
EbenhaeserWestern CapeLargest portion transferred in 2020/21 [IC]
KranshoekWestern CapeTransfer documents in progress in 2021/22 [IC]; outcome not found
ZoarWestern CapeTransfer documents in progress in 2021/22 [IC]; title deed handover announced in 2024 [TBV]
SlangrivierWestern CapeTransitional period began 2016 [IC]; documents in progress in 2021/22 [IC]
PnielWestern CapeTransitional period began 2016 [IC]; outcome not found
SaronWestern CapeTransitional period began 2016 [IC]; outcome not found
SuurbraakWestern CapeTransitional period began 2016 [IC]; outcome not found
FriemersheimWestern CapeStatus not found
RietpoortWestern CapeStatus not found
LeliefonteinNorthern CapeChose the municipality; not transferred in 2018 [IC]; CPA title deed handover announced August 2025 [IC]
PellaNorthern CapeCPA not yet set up in 2018 [IC]; title deed handover announced August 2025 [IC]
ConcordiaNorthern CapeCPA not yet set up in 2018 [IC]; title deed handover announced August 2025 [IC]
SteinkopfNorthern CapeCPA not yet set up in 2018 [IC]; title deed handover announced August 2025 [IC]
KomaggasNorthern CapeNo entity chosen in 2018; community refused the service provider [IC]; title deed handover announced August 2025 [IC]
RichtersveldNorthern Cape”CPA conflict hindering transfer process” in 2018 [IC]; outcome not found
EksteenskuilNorthern CapeTitle deeds for farmers announced August 2025 [IC]
MierNorthern CapeStatus not found
Enon/BershebaEastern CapeTransferred to the Witrivier CPA (8,314 hectares) [IC]
OppermansgrondeFree StateHandled by the Land Claims Commission [IC]
Thaba PhatsoaFree StateLand rights enquiry in progress in 2010 [IC]; outcome not found

Research in Namaqualand in 2004 found that tenure reform on its own left residents’ new rights “vulnerable if isolated from training, finance and integrated development initiatives” [TBV].

Where things stand in 2026

  • The Remainder of Farm 39 is still held in trust by the national Minister, and no entity has been chosen (or recognised by the state) [MS].
  • The 2008 court order has not been set aside, as far as the public record shows [TBV].
  • The municipality has recommended itself as the entity (2010 and 2016) [IC]. A CPA is being set up by the Committee to receive the land [MS].
  • In 2025 the Committee aligned itself with AfriForum and the Kaapse Forum [MS].
  • The municipality has been under a mandatory Financial Recovery Plan since 2025 [IC].
  • Madiba Park, on Farm 39 land, had only interim services when last reported in 2024 [IC].
  • No date for a decision on Farm 39 was found in the Department’s recent plans or in Parliament’s records [TBV].
  • The Ward 2 Development Forum agreed on 16 September 2026 to leave the TRANCRAA process to the bodies already dealing with it, and to take practical planning matters such as land use, zoning, and building plans to the municipality’s officials [MS].

What is still open

  • Whether the Minister will decide on an entity, and when.
  • Whether the 2008 court order will be carried out, changed by agreement, or tested in court.
  • Whether a new, complete list of residents will be drawn up, and how people who arrived after 2 November 1998 will be treated.
  • What rights the users of the tuingronde and the holders of expired farm leases will have.
  • Whether the property transfers made on Farm 39 since 1998 are valid.
  • How residents who are not on any committee will be informed and consulted.
  • What the land cases of the late 1800s and of 1924 decided, and whether their records survive.

Needs

None stated yet.

Offers

None stated yet.

How to get involved

If you are a Farm 39 resident, or represent a body named here, and want to add or correct an account, contact the moderators via How to Submit.

References

The law:

Court records:

Process documents

(held by the Forum, and listed on the archived legal reference documents page):

  • Urban Dynamics Western Cape, Genadendal Transformation: Executive Summary and Recommendations (October 2010). The consultants’ chronology and final recommendation.
  • Theewaterskloof Municipality, Way Forward in Dealing with the Genadendal Transformation Process: Position of the Theewaterskloof Municipality (27 September 2016).
  • Theewaterskloof Municipality, letter to the Transformation Committee on unlawful occupiers in Bereaville (18 May 2015).
  • Genadendal Transformation Committee, Constitution and Code of Conduct.

Government and Parliament:

Ward 2 Forum series

Farm 39 Transformation: The Lost 18 Years (2017, archived):

Research: