Ward 2 Development Forum

Communal Property Associations Act

Properties3
descriptionThe law that lets a community own land together through an association with its own constitution. A Communal Property Association is being set up to receive the land of Farm 39 under TRANCRAA.
tagstheme/trancraa, lang/en
aliasesCPA Act, Communal Property Associations Act 28 of 1996, Communal Property Association, CPA

8 min read

A working page, open for review

This page is published while it is still being checked, so that people who know this law, and people it affects, can correct it. It explains the law in plain language, and it does not give legal advice or speak for the Forum, the municipality, or any other body. The official text, linked under At a glance, is what counts. Before you act on anything here, read the official text or ask the body named under Who to ask. To correct or add to this page, see How to Submit.

Questions for reviewers:

  1. For the Genadendal Transformasie Komitee: has the CPA for Farm 39 been provisionally or finally registered? May this page say so, and cite its constitution?
  2. For anyone with legal training: is the Amendment Act gazetted in October 2024 in force, or does it still wait for a proclamation?
  3. For anyone who has worked with CPAs: do the 2023/24 figures match the annual report as tabled, and have later reports updated them?

The Communal Property Associations Act lets a group of people own and manage land together through a Communal Property Association (CPA), run under a written constitution that its members agree [IC]. It was passed in 1996 to give communities receiving land through land reform a legal body to hold it [IC]. In the valley it matters because a CPA is being set up to receive the land of Farm 39 under the Transformation of Certain Rural Areas Act [MS].

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 the official text of the law, or by at least two sources that do not depend on each other.
  • [MS] Mission-Sourced. Comes from one party’s own documents or statements. It has not been checked against other sources.
  • [TBV] To Be Verified. Seems likely, but nobody has confirmed it yet.

Sentences without a tag under What it means in the valley are the Forum’s reading of how the rule could apply here. They are not legal advice.

At a glance

Full nameCommunal Property Associations Act, 1996
CitationAct 28 of 1996, amended by the Communal Property Associations Amendment Act 20 of 2018 (gazetted 8 October 2024)
Made byParliament
Administered byThe national Minister responsible for land reform, through the Department of Agriculture, Land Reform and Rural Development
In force since1996
Official textSAFLII (consolidated); Amendment Act on LawLibrary

What it does

  • It creates a kind of body that can own land. A CPA is formed by a community to acquire, hold, and manage property on terms its members agree in a written constitution [IC].
  • It sets principles every constitution must follow. Section 9 requires fair and inclusive decision-making, equality of membership, democratic processes, fair access to the association’s property, and accountability and transparency [IC].
  • It registers associations. A CPA must be registered with the Department before it can hold land [IC]. The Act also allows provisional registration, so that an association can begin while its constitution is finalised [TBV].
  • It was amended in 2024. The Communal Property Associations Amendment Act was passed by Parliament in 2018 and published in the Government Gazette on 8 October 2024 [IC]. It provides for a Registrar of CPAs and a CPA Office, and states that the land belongs to the members of the association [IC]. Whether all of it is in force, or some parts still wait for a proclamation, is not settled: one legal commentary reads it as in force from publication, and a ministerial reply said it awaited a proclamation [TBV].
  • Many CPAs struggle to comply. In 2024 Parliament heard that most registered CPAs across the country did not meet the Act’s requirements, such as holding meetings and submitting reports [IC]. See What the record shows below.

What the record shows

The CPA route has a weak track record across the country. Reports to Parliament describe most associations as failing to meet their legal duties, and many have not turned land ownership into benefits for their members.

  • Compliance. The 2023/24 CPA annual report found that 82% of the 1,742 registered associations were non-compliant with the Act, up from 75% the year before [IC]. Only 11% were fully compliant, and 7% were partly compliant [IC].
  • Governance. Parliamentary oversight visits and the Portfolio Committee on Land Reform named poor governance, mismanaged funds, and a lack of openness about finances as common problems [IC].
  • Disputes. Fights over leadership and resources have stopped some associations from making decisions [IC]. A parliamentary report described the Richtersveld CPA as a history of disagreement, dysfunction, and a period under administration [IC]. Members of the Oppermansgronde CPA reported that they could not attend annual general meetings or see financial statements [IC].
  • Use of the land. Much of the land transferred to associations stays idle or underused after transfer [IC].
  • Capacity. The same reports name gaps in government support after an association is set up, and a registrar’s office without the capacity to monitor associations [IC].

These findings cover the country as a whole. Officials name government support among the causes, so the record does not rest on members alone. The 2023/24 figures describe the period before the Amendment Act was published on 8 October 2024 [IC].

Nothing mentioned here is a finding about the CPA for Farm 39.

What it means in the valley

On Farm 39. TRANCRAA lets the Minister transfer the Remainder of Farm 39 to a CPA, the municipality, or another approved body [IC]. A CPA is being set up for this [MS]. If the land goes to a CPA, the Forum reads the Act as meaning that the CPA’s constitution will decide who the members are, how land is allocated, and how decisions about the land are made. TRANCRAA adds its own test: the Minister may only transfer the land once satisfied that the receiving body’s rules balance the rights of residents, members, and present and future users [IC]. So the drafting of the CPA’s constitution is where much of the future of Farm 39 will be settled.

A caution. The national record gives residents reasons to ask how the CPA's constitution will deal with meetings, financial reports, and disputes between members, and who will monitor it once the land is transferred.

Who would be a member. TRANCRAA defines residents by 2 November 1998 [IC]. How the CPA’s membership will relate to that list, and to people who have moved to Farm 39 since, is a question for its constitution and for the residents. This site does not answer it.

For other groups. A CPA is meant for a community holding land. Groups in the valley that want to run a business together use other forms, such as a co-operative (see Starting a Co-operative) or a non-profit company.

Where it touches this site

Who to ask

  • The national Department of Agriculture, Land Reform and Rural Development, through its Western Cape provincial office, which registers CPAs.
  • The Genadendal Transformasie Komitee, through the moderators.

What is still open

  • Whether the CPA for Farm 39 has been registered, provisionally or finally, and under what name.
  • Which parts of the 2024 Amendment Act are in force.
  • How the CPA’s membership will be decided.
  • How a CPA for Farm 39 would be supported and monitored after transfer.

Have your say

If you can confirm or correct anything on this page, contact the moderators through How to Submit.

References

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