Where Do CPA's come from?

Under colonialism and apartheid, millions of black people had been dispossessed of their land and their land rights. It was an urgent priority of the new democratic government to restore land to black South Africans and to secure their land rights against powerful actors, including the state (who had been a dispossessor under apartheid)
Since the land reform programme would involve the transfer of land from the state and private landowners to black South Africans, a legal entity needed to be created through which land reform beneficiaries could acquire, hold and manage property.

The new legal entities needed to accommodate and be able to adapt to a range of de facto land-holding practices, many of which were group-based. Unfortunately they have often failed to mirror or adapt to realities on the ground; focus has been too much on compliance with Act, not enough on how they work smoothly for groups.

Communal Property Associations (CPAs) were established to meet these challenges.

Recent Law and Policy on CPAs

CPAs are landholding institutions established under the Communal Property Associations Act No. 28 of 1996 (the CPA Act). Beneficiaries of the land reform, restitution and redistribution programmes who want to acquire, hold and manage land as a group can establish legal entities to do so.
The CPA Act provides for government registration of CPAs and also government oversight to enforce the rights of ordinary members. At its Land Summit in September 2014, the Department of Rural Development and Land Reform (DRDLR) released a new policy on CPAs. This document engages with that policy.

Constitution of the Mamre Communal Property Association

ESTABLISHMENT OF THE ASSOCIATION

1.1 The Mamre Communal Property Association is hereby established in terms of Section
2(b) of the Communal Property Association Act, 1996 (Act no 28 of 1996) for the
objects and subject to the conditions set out in this constitution and the Act.
1.2 The association shall persist for an indefinite period and can be dissolved on such
conditions as set out in the constitution.
 
Continue reading or Download a copy of the rest of the Constitution of the MCPA.

Removal of Members of Executive Committee or CPA Assembly

18.1 The committee may be dissolved if the majority of members of the association pass a vote of
no confidence at a general meeting. At least 21 calendar days notice must have been given of such a meeting. The purpose of the meeting must be included in such notice.

 

18.2 The association shall then elect an interim committee to oversee the election of a new committee within 3 months. The interim committee will have the same powers as described in
clause 13 &14.

 

18.3 A person shall be disqualified from acting as a committee member or CPA Assembly member if she or he:

 

18.3.1 is unfit or incapable of acting as an Executive Committee or CPA Assembly member;
18.3.2 has acted contrary to the constitution
18.3.3 has been convicted of an offence in terms of section 14 of the Act;
18.3.4 has failed to attend three meetings in a row without a valid apology;
18.3.5 if the majority of the members of the association pass a vote of no confidence against the committee or CPA Assembly member.

 

18.4 Removal of a Executive Committee or CPA Assembly member shall be carried out according to the rule of natural justice, which shall include the following:

 

18.4.1 The committee or CPA Assembly member shall be informed of the charges against him or her timeously in order that he or she will be able to prepare his or her defence.
18.4.2 The committee or CPA Assembly member shall have the opportunity to address the members in the general meeting called to hear the charge, with reference to the matters in issue.
18.4.3 The committee or CPA Assembly member shall have the right to be assisted or represented by another member.
18.4.4 The committee or CPA Assembly member shall be informed in

Vacating The Office of a Committee /CPA Assembly Member

A member is discharged of his/her office as committee or CPA Assembly member should:

19.1 he/she resign or die;
19.2 he/she be found to be insane or develop a mental disorder;
19.3 he/she be unsuitable and/or incapable of acting as a committee member;

19.4 he/she be dismissed at any time from a confidential office due to misconduct;

 

19.5 he/she be found guilty at any time of an offence involving dishonesty and consequently receive a jail sentence without the option of a fine, or be imposed a fine of more than two
hundred rand.

 

19.6 he/she be declared insolvent by the High Court or surrender his/her estate to the benefit of his/her creditors or he/she conclude an agreement with his/her creditors in terms of a court order; 

19.7 he/she be removed pursuant to a duly passed resolution in accordance with in the provisions of clause 18 above; and

 

19.8 his/her membership of the Association be terminated.

Mamre Title Deed Handover By the Department of Rural Affairs(October 2013) 

CPA Amendment Bill

The Communal Property Associations Amendment Bill, 2017, seeks to amend the Communal Property Associations Act, 1996 (Act No. 28 of 1996).
Act No. 28 of 1996 regulates communal property associations (CPAs). 
CPAs are legal entities established to hold land on behalf of beneficiary communities
Since the promulgation of the Communal Property Associations Act, about 1 502 CPAs have been registered.
The overwhelming majority of CPAs are facing operational as well as compliance challenges.
Despite interventions by the Department over the years, challenges continue to plague CPAs.

Communal Property Association Amendment Bill of 2017