Looking at the books of a large restitution trust. It owes SARS R125 million and can’t pay. Between them, all the entities that own restituted land likely owe SARS, Eskom, water boards and local municipalities several billion rand.
Sustainability is not a big thing in the DRDLR.
Most of these entities were just sent on their way, without any capacity or in the case of smaller entities, even the resources to put in place any appropriate governance. Most trustees or CPA committee members have no skills or experience in governance, so they fail.
It would have been so easy for government to do a deal with an audit firm to provide a basic but independent administration and to compel the trusts and CPA’s to use them. To keep records and minutes, prepare budgets, give advice on contracts and control the banking.
But no.
The nett result is unsustainable debt, looting and instability. The weak governance also leaves the entities ripe to be exploited through corrupt or simply, very one sided and exploitative deals with third parties. The benefits that trickle down to beneficiaries are trivial.
It’s ironic that land activism in SA, of which there is plenty, does not translate into a focus on governance, where the greatest failure has occurred. It is so much easier to shout slogans and go on about historical injustices than it is to get the basics right.

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More from @Richard_Spoor

19 Oct 20
Since 2009, the three interim trustees of the Mjejane Trust, Messrs Simeon Ngomane (attorney) Meshack Silinda (attorney) and Lazarus Zitha (community member) have spent R74 million of the trust’s money without a cent going to the beneficiaries and without any accounting.
The Mjejane Trust is a land restitution trust, set up for the members of the Lugedlane community who were forcibly removed from their land at Tenbosch in 1954. Since the trust was established in 1996 at a cost of about R400 million. The beneficiaries have not seen any benefit.
The trustees have also been running a lucrative business “selling” trust land at Hectorspruit and at Malelane, by allocating stands to land invaders at R20 000 per plot.
Read 13 tweets
27 Sep 20
Spent an interesting day at a land reform project near Lydenburg. The farm was acquired 10 years ago at a cost of R20 million, half of which was loaned from the land bank. About 1800 ha arable land of which about 285 ha is under irrigation.
The project got off to a bad start as the purchase price did not include the farming equipment or livestock. Even the dairy equipment, including the milking sheds, and other buildings were removed.
What’s interesting is that despite the setbacks and some internal instability it’s working. The trust is farming itself, it employs a farm manager, the dairy is running again, they have a dairy herd and are growing grain crops including wheat under centre pivots.
Read 8 tweets
15 Sep 20
One of the reasons for the violence around mining is insecure tenure for people living in the former bantustans. Despite decades of promises there has been no substantive reform. What little has been achieved has been achieved through the courts. dailymaverick.co.za/article/2020-0…
The Courts have spelled out the rights of communal land owning communities and processes that should be followed in the alienation of communal land. This has resulted in some key victories for well organised communities, but elsewhere the impact has been small.
Local chiefs and headmen, and in the case of KZN the Ngonyama Trust, still enjoy unconstrained power of over land paying scant regard to the guidance provided by the courts. Absent a strong and organised community they are free to allocate community land to cronies as they will.
Read 6 tweets
14 Sep 20
Fantastic court victory for our Xolobeni clients. The N.Gauteng High Court has ruled that the owners and occupiers of land in respect of which a mining rights application is filed are entitled to be furnished with a copy of the application as of right.
To date the only way to see the application was through a complex and lengthy PAIA request and even then in most cases it is still not provided. Now owners and occupiers are allowed to demand it and it must be furnished to them.
This is going to make it much easier to oppose mining rights, prospecting and mining permit applications, because you can now see the full details of who is applying and what they propose to do.
Read 4 tweets
11 Sep 20
A very belated apology to George Bizos. George was our counsel in a joint inquest enquiry into the deaths of 45 miners in a coal dust explosion at Sasol’s Middelbult mine in the Secunda Regional Court. This was in the early 90’s on a hot midsummer afternoon.
It was day two of George’s cross examination of the mine manager. George was a lethal cross examiner, slow and methodical, he took nothing for granted. His questions were always short and simple. He was endlessly patient as he drilled down layer by layer for the truth.
The questioning had been going on for hours. I was seated just behind George who was standing at the bar, leaning on the lectern. His imposing bulk shielded me from the sight of the presiding magistrate and the assessors. I began to nod off in the stifling heat.
Read 5 tweets
23 Aug 20
Former Minister for Welfare and Population, Geraldine Fraser-Moleketi is taking over as Chairperson of Tiger Brands. Doubtless @GJFras will move quickly to persuade Tiger to settle the claims of the families of the 1000+ people killed and injured by the company’s callous neglect.
That’s nearly 200 mothers who lost their newborn children, another 200 pregnant women who lost the babies they were carrying and dozens more adults and children who were terribly maimed by listeriosis.
That Tiger was responsible for the listeriosis outbreak is a matter of scientific fact as is confirmed in this peer reviewed article published in the New England Journal of Medicine.

nejm.org/doi/full/10.10…
Read 7 tweets

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