Three years after President Thabo Mbeki handed over 65 000ha in the Kalahari on the border of the Kalagadi Transfrontier Park to the Khomani San, the community risks losing part of its recently reclaimed heritage because of bad debt.
Between three and five executive members of the communal property association’s management committee accumulated up to R150 000 in debts. On March 20 the magistrate’s court in Upington ordered that Erin farm be sold off to pay the debts.
The property was bought for R3-million three years ago and is one of six adjoining farms the government bought to settle the Khomani’s land claim.
The Khosani San Land Reform programme is the only example of a successful aboriginal land claim in Southern Africa, said Roger Chennels, a human rights lawyer who represented the community in 1999.
Two weeks ago the government flew World Summit delegates to a ceremony celebrating the conclusion of the community’s land claim, when officials handed over 25 000ha of the Kalagadi Park.
Dawie Bosch, who mediated the land claim, said that local government officials became aware of the pending auction only when a report appeared last Thursday.
Many others were in the dark about the auction. Though the trial took place six months ago, the local Upington newspaper picked up the matter only last week after being tipped off by a local farmer.
Even senior government officials did not know about the pending sale until alerted by the press in the past few days.
”We were down there two weeks ago and everything was fine,” said Nana Zinani, spokesperson for the Department of Land Affairs, when approached for comment.
Attie Avenant, the shopkeeper to whom the money is owed, is the former owner of Erin.
”I lent the members of the Khomani San money to promote good relations and friendship. We had an agreement that they would pay me back with cheques from the Khomani San Communal Property Association, but the cheques were all bad.”
Hein Duvenage, Avenant’s lawyer, said that the debt amounted to between R48 000 and R150 000, plus costs.
”These debts didn’t suddenly pop up in March. We’ve been trying to get the money for much longer than that. The individuals borrowed money from my client long before that. They also bought a bakkie. He is simply trying to get his money back.”
Chennels said it was illegal for members of a communal property association (CPA) to offer the farm as collateral for debt without authorisation from the management committee.
”The executive members have no authority to borrow money as individuals unless they are mandated to do so,” he said.
Anna Festus, a senior member of the Khomani San community, said the committee assumed the debt when the troubled individuals asked for help.
”But the decision wasn’t unanimous,” she said.
Petrus Vaalbooi is one of the people who incurred the debts. He is the former chairperson of the management committee and is related to the current chairperson, Magrietha Eiman.
Eiman said the decision to take over the debt was unanimous, but conceded that some committee members did not attend the meeting.
”Attendance is never good. We try to govern with the people in attendance,” she said.
She denied that nepotism played a role in the decisions.
”It’s not about family. It’s about doing the right thing and helping people.”
No minutes are available for the management meeting.
John Steenkamp, the Khomani San’s lawyer, said the bad debt wasn’t incurred by individuals.
”I’m representing the whole Khomani San CPA, not individuals.
”We are working hard to stop the auction and I believe we are at the point of a breakthrough.”
Steenkamp will attend a meeting with the management committee on Friday to prepare a counter-claim against Avenant.
”I can’t go into much detail, but the Khomani San have a number of grievances against Avenant themselves. We will discuss the steps to rescue the farm from being auctioned off,” said Steenkamp.
”Individual actions of the management are jeopardising the whole community’s interests,” said Phillipa Holden, an ecologist who has provided technical assistance to the Khomani San.
Reports of financial mismanagement have swirled around the community. Holden and her colleague David Grossman believe that a manager or trustee should be appointed to run the community’s affairs.
”Members of the management committee and the greater CPA still complain that there are no financial statements or reports on how business matters are conducted,” said Grossman.
”There are also allegations that individual members of the CPA management committee receive money for allowing hunting on some of the farms.”
Sugar Ramakarane, the Land Restitution Commissioner for the Northern Cape and Free State, said that his department would do all it could to protect the interests of the community.
Elna Hirschfield, a researcher who worked for Ramakarane until last month, said: ”The department has drawn up suggestions on how to prevent the farm being auctioned, including paying the debt itself.”
She said Ramakarane was also trying to get an interdict to stop the sale.
”There is great sadness in the community,” said David Kruiper, leader of the traditional clan that successfully applied for the return of the Khomani San’s land.
”This is individual debt. Because of these people, the whole community is suffering.”
Ouma Uns Kasi Rooi, one of the oldest members of the community, feels that a great wrong has been done to the Khomani San people.
”We had life in our hands. Now they are taking it from us again.”