Fourteen years after the government promised land restitution to those dispossessed by apartheid forced removals, hundreds of Hout Bay and Constantia land claimants say they are no closer to being resettled because of political inertia.
Frustrated land claimants in prime rural Constantia believed they had won a victory after Western Cape Premier Helen Zille thwarted illegal attempts by the former ANC Western Cape administration to transfer 1 400ha of provincial land to the national government the day before the 2009 elections.
Included in the transfer of the land, valued at R500-million, was land promised to Constantia claimants, some of whom have died while waiting to return to the area.
Lack of coordination between the different spheres of government appears to be playing a part in restitution delays.
Regional land claims commissioner Beverley Jansen said she had met Zille after the land was restored earlier this month and was hoping to expedite restitution.
“There’s no reason why Constantia land claimants should not receive the land they’ve claimed, as all commission processes have been finalised,” said Jansen.
“The problem is provincial government, in particular the department of transport and public works. A Cabinet memo giving the right to release the land has to be signed.”
But Robyn Carlisle, Western Cape transport minister, said he knew nothing about the memorandum because Jansen had not contacted him: “She should furnish me with the memorandum,” he said. “I’ve never seen a copy of it. I’d be happy to talk to her.”
Jansen said business plans still had to be drafted for Constantia and applications for state funding for development projects made.
“All spheres of government, including provincial government, should be working as a team to make this happen,” she said.
“I’m sure everyone, including ratepayers, want decent homes built for claimants.”
But some Constantia claimants say they just want the land returned to them. They believe that if the commission tries to raise money for housing, this will create further obstacles.
About 80 families are waiting to be resettled in Constantia. Other claimants opted for financial compensation.
Elderly Constantia land claimants Frank Marco and Christiaan Petersen struggled for years for restitution. But three years ago, 78-year-old Petersen died — without seeing Constantia land returned to claimants.
“I applied for restitution in 1996,” said 73-year-old Marco. “I’m very disappointed because we’re told nothing and nothing seems to get done. Maybe they’re waiting for me to die too.”
Restitution policy clearly states that the process should be as speedy as possible, but Jansen confirmed this week that the commission was still at the initial stage of verifying claimants in Hout Bay.
“We have to verify whether people were removed under various racial laws or have arrived there recently,” she said.
The Mail & Guardian interviewed representatives of eight families who said their claims were verified years ago, but who are no nearer to moving back to Hout Bay.
Pointing out areas where they grew up, and speaking of their disillusionment with broken government promises, they said their forefathers were the “fishing pioneers of Hout Bay”.
Fouzia Buffkins (54) said her family had owned two farms in Hout Bay. The land claims commission had verified their claim many years ago. In her bag Buffkins carries around maps on which she has identified government land in Hout Bay. She insisted commission officials had pointed out many possible sites for restitution over the years.
But her mother, Assa Allie, died aged 77 more than four years ago, still awaiting her return to Hout Bay.