JOY AT LAST FOR FIRST SUCCESSFUL LAND RESTITUTION CLAIMANTS

In a landmark ruling, the Elandskloof community is set to reclaim full control of their land after decades of struggle

- NICOLA DANIELS

AFTER more than two decades, the Elandskloof community, South Africa's first successful land restitution claim involving over 300 families, is set to regain full control of their land.

The Western Cape High Court yesterday lifted the administration order placed on their Community Property Association (CPA) in 2005.

“The administration order granted by this court on 18 October 2005 under the hand of her Ladyship Ms Justice Ndita in terms of the provisions of section 13(1) of Communal Property Associations Act 28 of 1996 be rescinded with immediate effect,” the court ruled.

In 1996, Elandskloof, a rural village in the Cederberg made history as the first successful land restitution case in a newly democratic South Africa.

It also became home to the country's first CPA, established and registered under the newly enacted Communal Property Association Act of 1996.

The history of the Elandskloof community dates back to the early 1800s. In 1962, as a result of apartheid forced removals, families who had lived on the land for generations were displaced and resettled in various parts of what was then the Cape Province. Although the resettlement process began in 1998, it soon stalled due to financial constraints.

In the years that followed, the shortcomings of the restitution process became increasingly evident: land was returned without the capital or support needed to develop it, and many beneficiaries disconnected from rural livelihoods after decades of displacement continued to carry the deep scars of apartheid. The process was marked by tensions.