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NOTES ON THE BAKGATLA BA KGAFELA CPA COURT CASE

28 May 2015


On Thursday, 28 May 2015 the Constitutional Court will hear the case of Bakgatla ba Kgafela Tribal CPA v Bakgatla ba Kgafela Tribal Authority and Others. The case is about whether the Communal Property Association Act 28 of 1996 (the CPA Act) allows the Bakgatla ba Kgafela CPA – a provisional CPA – to continue to exist and hold land. The CPA has struggled for many years to get registered permanently as a result of serious administrative mismanagement by the Department of Rural Development and Land Reform (the Department) and the ongoing resistance to the establishment of a CPA by the traditional council in the area.

The case is characteristic of a number of problems faced by CPAs, including conflict with traditional councils, and the unwillingness or inability of the Department to register and provide institutional support to CPAs when claimant communities have chosen CPAs as the entity they want to manage their land.

Read the full case from Customcontested.

 

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