The government is at sixes and sevens over whether land in the Kruger Park should be returned to land claimants, a parliamentary briefing highlighted recently.
This follows the angry response of many communities that have lodged claims in response to Cabinet’s decision in December last year to offer them money or alternative land.
The announcement created the impression that the final chapter had been written in the protracted saga of land claims in South Africa’s premier nature reserve.
The Mail & Guardian understands senior Cabinet ministers, including Environment Minister Buyelwa Sonjica, supported the decision, which was driven by her predecessor, Marthinus van Schalkwyk.
But a hearing two weeks ago highlighted the continued unhappiness of the land claims commission over the Cabinet decision.
The Minister of Rural Development and land reform, Gugile Nkwinti, told Die Burger that a new proposal could be made to the new Cabinet to have the decision reversed. Nkwinti said the government should be more sensitive to the needs of claimants.
”We don’t want another Khutsong,” he said. ”The previous Cabinet took a decision and we will abide by it until a different decision is made, but it is an issue that has to be resolved.”
The dispute reportedly involves about 400 000ha, with 38 communities lodging 19 claims. The land claims commission told Parliament that it would need R20-billion to compensate the claimants and that it did not have the money.
David Mabunda, chief executive of South African National Parks (SANParks), did not want to comment on the parliamentary debate this week, but said the park still aligned itself with the December Cabinet decision. He said half the communities claiming land in the park were happy with the Cabinet’s decision.
”We have begun to explore opportunities on how we as SANParks can give tangible benefits to make a difference in the lives of the claimants,” Mabunda said.
At the parliamentary hearing, land committee chairperson Stone Sizane grilled land claims commissioner Blessing Mphela on land claims in the park, asking him if he favoured returning land under claim.
Mphela said the Kruger Park claim was one of the commission’s biggest headaches: ”We have always believed that the land should be restored and we have obtained a legal opinion to that affect,” he said. ”The opinion said it should not be possible for anyone to place a restriction on what is a constitutional prerogative.”
He said the former department of environmental affairs had made a submission to Cabinet and that the commission had not had much of an opportunity to make its argument.
The commission was advising unhappy claimants to fight the decision in court.
Land claims commissioner Pulane Molefe told the M&G the commission was not reviewing the Kruger claims, but said there was a ”scoping exercise — to determine the financial implications, as well as the political and social impact if the claim is to be settled by alternative redress”. Molefe said that, once completed, the exercise would assist the commission towards ”facilitating” claims or ”advising Cabinet”.
Mabunda said SANParks had well-researched valuations of land in and around the Kruger Park, which indicated that the land was worth considerably less than the land claims commission’s estimate of R20-billion.
”We would be happy to share our land evaluation expertise with the commission,” he said. ”The financial compensation would be millions, but certainly not billions.”
He urged the commission to use agricultural land prices in doing the evaluation.
Apart from the Makuleke community, the only community to receive 25 000ha in the park, SANParks has also started to assist the Mjajane community who, apart from their Kruger land claim, also own 4 000ha adjacent to the park.
SANParks has given the claimants animals for this land and has proposed a facility for tourists visiting the community’s land to cross into the park for game viewing. This would mean removing the fence between the community and the park.
Claimant communities will benefit from a tourism levy that will deliver at least R6,5-million to communities, and the park’s 10 fuel stations would be contracted out to communities, Mabunda said.
”It is easier for SANParks to assist claimants who already own land,” he said. ”We are looking to do the same with the other claimant communities that accept the Cabinet decision.”