Government Memo On Claimed Farms - Part 1

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i 120 ~1 g<?1 rA:J;~DEPARTMENT:LANDAi=FAIRS lyo'. ·
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I- REPUBLIC OF SOUTH AFRICA .' .• •
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IIli+-. .;. ROUTE FORM .~~
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I ' l!J' Departmental Referelice: KRP 626~" \.
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SUBJEo"t: "SUBMI$siQ,N'IN TERMSbF

SECTION 42D OF THE RESTITUTION OF LAND
I . RIGHTS ACT, 1994 (ACTNb. 22 OF 1994) AS AMENDED FOR FINALISING
I
THE MATTER OF THE MAKGATO TRIBE CONCERNING THE FARMS: .
I KLE!NBEGIN 833 LS AND WEESKIND 786 LS;' PORTION 1 OF THE FARM
WATERVAL 785 l.S; AND REMAINING EXTENT AS WELL AS PORTIONS 1, 2,3,
I 4 AND 5 OF lfHE FARM SMITS'~RAAL 786 LS SITUATED IN THE CAPRICORN
DISTRICT OF LIMPOPO
,1
REQUEST: APPROVAL
A STIFFY NUMBER:. 01 INCLUDED OFFICE: RLCC-UMPqpo

~A S-:-I.3~·~
NEGOTIATOR/AUTHOR Mr B.R Shilote
EXECUTIVE ASSISTANT Ms P Mangotlo

RL.CC: LIMPOPO Mr M Mokono
.,~SSISTANT: CLCC's Office
~~EF::::::EMENT
CHIEF FINANCIAL OFFICER
Mr T T Gwa::::n~y~a
Mr D C Bestbier
~~~~~+;--.l-+ --
Ms S N 0 Choane
DIR: EXECUTIVE SERVICES Adv. R Bester
--------------1
S~O C-+l.O~
DIRECTOR GENERAL e . . p -M . iet1€le
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OIH: EXECUTIVE SERVICES Adv. R Bester
. CH!EF OF STAFF: MINISTRY Ms S Sililo-Tshishonga
MINisTER Ms AT Didiza
NOTE: Route Form must be filed with completed documeutalion.
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COMMISSION ON RESTITUTION OF LAND RIGHTS

IKHOMISHANA YOKUBUYISELWA KWAMALUNGELO
I; OMHLABA
KOMISHINIE MABAPI LE PUSETSO YA
I, DITSHWANELQ TSA LEFATSHE
KOMMISSIE OP HERSTEL VAN GRONDREGTE ,.
Regional Land Claims Commission: Limpopo •

Private Bag X 9552, Polokwane, 0700 - Tel: (015) 287 0800; Fax: (015) 287 0811-' .
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MEMORANDUM
SUBMISSION IN TERMS OF SECTION 42D OF THE RESTITUTION OF LAND RIGHTS ACT, 1994
(ACT NO. 22 OF 1994) AS AMENDED FOR FINALISING THE MATTER OF THE MAKGATO TRIBE
CONCERNING THE FARMS: KLEINBEGIN 833 LS AND WEESKIND 786 LS; PORTION 1 OF THE·
FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1, 2, 3,4 AND 50F
THE FARM SMITSJ<RAAL 788 LS IN THE CAPRICORN DISTRICT OF LIMPOPO·
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'Ref~rence: KRP 6261

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i MINISTER
1. PURPOSE
1.1 To inform the Minister of the negotiations process and proposed settlement of the first
phase of the Makg(3to Tribe land claim.
1.2 To inform the Minister' of the certification of the agreement between the parties in the
above land claim by the Regional Land Claims Commissioner for the Limpopo: Mashile
Mokono in terms of Section 14(3) of the Restitution of Land Right Act 22 of 1994, as
amended.
To request the Minister to approve the Settlement Agreement reached by the parties in
terms of Section 420 of the ~estitution of Land Rights Act 22 of 1994 as amended.
)
1.4 To request the Minister to approve a total amount of RJiA63 000.00, RL622 24-0.00
and R.1.6 982 838.00 for ROG, SPG and purchase of land respectively, as per the
Settlement Agreement proposed herein.
1.5 To request the Minister to authorise the Regional Land Claims Commissioner for
Limpopo, Mashile Mokono or his nominee to sign the SeHle-ment Agreement, Sale
Agreements as well as the necessary property transfer and registration documents on
behalf of the State.
1.6 To request the Minister to approve that the Makgato Communal Property Association,
to be registered in respect of the Makgato Tribe land claim, should upon registration by
the Dir~ctoLG.e..neral take transfe!. of the farms Kleinbegin 833 _L~, SJ!.1Jtskraal and
Weesklnd 786 L.S as well as Portion 1 of the farm Waterval 785 LS.
1.7 fO""""""request the Minister to authorise- that a request for additional funding for
development support in terms of Section 42C of the Restitution of Land Rights Act 22
of 1994, g§ amended, be submitted at a later stage once a Land-use and DeveloRm~nt_
.Plan has been compiled. .
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'., suir.IISSION IN 'fERI!.S OF SECTION 420 OF TIlE RESnTlJTlON OF LAND RIGHTS ACT, 1994 (ACT NO. 22 OF 1994) AS AMENOEO FOR FINALISING THE MATl'ER OF THE MAKGA10 TRIBE
. COI~CERNING TIlE FARMS KlEINBEGIN B3JlSANOWEESKIHD 7BGlS: PORTION I OF THE FARM WATERVAL 7B~ LS: AND REMAINING EXTENT AS WELL AS PORTIONS t, 2, 3, 4 AND 5 OF
, \ lHE FARM SMITSKRMl 7M lS, SnUATEO IN TIlE CAPRICORN DISTRiCT MUNICIPAU1Y OF LIMPOPO.
2. INFORMATION WITH REGARD TO THE CLAIM
2.1 Claimants profile and verification
2.1.1 The claimants are the Makgato Tribe consisting of original members of the
dispossessed Tribe and some of the direct descendants thereof.
2.1.2 ~nal La~ Claims commissjQna~ointed Swaranang Management

.~onsulting to veiify alLclaimam households .~E}~ficiarie~_ A verified list of all
households was adopted on the 1Olh of December 2003 by all the bona-fide claimant
beneficiaries.
2.1.3 The claimants still maintain a significant contact with the land through the practice of
rituals at the ancestral graves. According to the research conducted by the Regional
Land Claims Commission, there are five Chiefs of the Makgato Tribe who have bee1l1,
E.,.uried on the farm Magata~16 LS and evf}fY. year the Tribe visits the graves
perform rituals. .' .. -'
It;
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2.1.4 De RLCC: Lim[Jopo appointed Ramothwala & Lenyai Incorporated Attorneys to assist
..the Tribe in establishing and registering' a legal entity to take possession of the .Iand
l-lpon finalisation of the claim. A legal entity by the name of Makgato Communal
Property Association has been adopted by the claimants and is in the process of
being registered with the Director-General of the Department of Land Affairs
Please find a copy of the list of verified members of the Makgato Tribe attached as Annexure "A"
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2.2 DESCRIPTION OF THE LAND
2.2.1 The claimed land is composed of the farms: Qoornlaag!e 787 LS, l=eerste Geluk 790
j&, 'yrede 789 L~, .Klein Begin 833 LS, ,Mooiplaats 815 LS, VLeeskind 786 LS,
Kleinfontein 834 LS (now known as the farm Bloemspruit 871 LS), Blinkwater 784 LS,
.Uitval 817 L§., Droogegrond 814 LS (Portion 2 is now part of the farm Zet Zoet 878.
LS), Zillldbult 813 LS (now part of the farm Aalwyn 880 LS), Magatasfxuit 816 LS,
"Rietgat 836 LS, nSrnitskraal 788 LS, Wilgeboschfontein 81~, §joemtuin 828 LS,
yvaterval 785 LS and ~eluk 783 LS in the Capricorn District of limpopo.
Copy of a Locality Map is attached as (Annexure "B")

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2.2.2 The Makgato Tribe initially lodged a claim on 44 farms (Annexure "C1 "). During t~e
research interactions with the Regional Land Claims Commission: Limpopo, it was
found that the Tribe had been dispossessed of some of the farms prior to 1913. l"he
Makgato Tribe then reduced the number of claimed farms to 19 as evidenced by
Annexure "C2". of
2.2.3 However, during further investigations, the RLCC: Limpopo found that the farm
Kall<fontein 812 LS had also been claimed by the Madibeng Community. After some
deliberations with the Madibeng Community, the Makgato Tribe withdrew its claim on
the farm Kalkfontein 812 LS as attested to by a letter of withdrawal written to the
Regional Land Claims Commission: Limpopo (Annexure "C3"). - ,__.
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SUBMISSION IN TERMS OF SECTION 420 OF THE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 1904) AS AMEND!iD FOR FINALISING THE MAnER OF THE MAKGATO TRIBE
. , CONCERNING ll;lE F:"RMS KLEII'SEGIN 933 LS AND ViEESKIND 7ge LS; PORTION I OF TIlE FARM WATERVAL 795 LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1.2.3.4 AND 5 OF
, THE FARM SMITSKRML 7B6 LS. SITUATED IN THE CAPRICORN OISTRICT MUNICIPALITY OF liMPOPO.
2.2.4 Some of the farms that have been claimed by th.e Makgato Tribe have since been
consolidated into completely new farms. The consolidations are described~ in
Annexure "C4".
2.2.5 The Mak ato Tribe used to describe its land in terms of various headman wards such
as Ga-Ratau, . a-NtSimpa~, Makgwana, .Bokgob~la, just to name a few. The most
common feature through which the claimants descnbe their ancestral land is a hill on
the farm Magataspruit 816 LS on which five of their earlier chiefs have been buried.
f hief Makgato's headkraal or mosate used to be on the said hiiD . \..
2.2.6 The claimed land is generally situated between the town of Soekmekaar on the north,
the town of Munnik and Ga-Dikgale village on the.east, the N1 road from Polokwane to
Makhado on the west and the South African National Defence Force Roodewal
Bombing site on the south.
2.2.7 The details of the land claimed by the Makgato Tribe are as follows:
Portion Owner Title deed Extent Endorsements Holder

1. The farm Knott John T~8145/1972 685.5453 H 1407/1979C None
Doornlaagte Theunis-
787 LS Administrators
2. The farm Patricia L.ang T65311/1989 1161.6273H 824331/1998 Landbank

Klein Begin
833 LS I 843758/1990 Landbank
3. The ·farm Jahan Le Raux T8332/1999 775.5555H 1<431/1978RM Grimmer

Mooiplaats Trust Ena Mostyn
815 LS
4. The farm J&D Chickens T59531/1989 246.0331 H K115/1945RM No details

Weeskind CC .. _.
786 LS
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5. R1E af the Vanzyls Rust T98809/1997 308.9811 H 877358/1997 Eerste
farm 80erdery PTY Nasionale
Blinkwater LTD Verbandbe
784 LS noemdes
PTY LTD
K702/1972S No details
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6. ptn 1 of the Vanzyls Rust T98809/1997 300.9(325 H B77358/1997 Eerste

farm Boerc!el y PTY Naslonale
Blinkwater LTD Verbandbe
784 LS noemdes
PTYLlO
.. K2738/1938S No details
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CON~RNING TljE FI\.RMS KLEINBEGIN 833 LS ANDWEESKINo 78SLS: PORno/II OF THE FARM WATERVAL 765 LS: AND REMAINING EXTENT AS WELL AS PORTIONS f, 2, 3, 4 ANO 5 OF
., SU!'M S:l10N IN TERMS OF SfPIO>l 420 OF THE REsnnmON OF LAND niGHTS ACT. 1994 (ACT NO. 22 OF 1994) AS AMENDED fOR FINALISING THE MAnER OF THE MAKOATO TRIBE
THE FARM SM'TSKRAAL 7ee LS, SITUATED I~I THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO. .
7. RJE of the Vanzyls Rust T98809/1997 292.3594 H 877358/1997 Eerste

farm Uitval Boerdery PTY
817 LS ~;' Nasionale
LTD (,,'1 ,
"lY\ \. "~.I
Verbandbe
I,~
noemdes
-- .('.:.,
.",".
,
- PTY LTD
j.
K823/1971 S No details
8. Ptn 1 of the Vanzyls Rust T98809/1997 292.7290 H 877358/1997 Eerste

farm Uitval Boerdery PTY
817 LS Nasionale
LTD
.~Verbandbe
noemdes
PTY LTD-;:'
B 108509/2002 Firstrand
8ank LTD
9. Ptn 1 of the Acotech T 102995/2002 256.9596 H 873499/2002 Henry

farm International \
Droogegron James
Hunting Safaris
d 814 LS 8adenhorst
PTY LTD
10. RJE of the Droogegrond T98803/'i 897 458:1596 H K1192/1972S No details

farm 8roedery PTY
Droogegron LTD
d 814 LS
11. RJE of the Jan Hendrik T50833/1969 678.2085 H] K2869/200 1RM Anglo
Farm Viljoen-
Rietgat 836 Operations
Administrators LTD
LS
12. Ptn 1 of the Jan Hendrik T23334/1968 555.2112 H None None

farm Rietgat VilJoen-
836 LS Administrators
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'J 3. Ptn 2 of the Michiel Joshua T77 445/2000

..
-,
506.9192 H B40782/2000 Landbank
farm Rietgat PotgHer
836 LS
840782/2000 Elisabeth
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L.. Gertruida
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SUBMISSION IN,,~RM~
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OF SECTION 420 OF THE HESmUTION OF VlNO RIGHTS Acr, 1994 (ACT NO. 22 OF 1994) AS AMENDED fOR F"~ALlSrNG THE MAnER OF THE MAKGATO TRIBE
CONCERNING TIIE'FARMS KLEINBF.GIN 833LS AND WEESKINO 788 LS; POflTION 1 OF THE FMM WAIERVAL76S LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1,2, J, 4 AND 5 OF
I;~
THE FAnM SMllSKilAAL 7€8 LS, SITU/,TEO TIlE CAFflICOP.N DISTRICT MUNICIPALITY OF LIMPOPO.
,
Van Der
Linde
B40784/2000 Landbank
'"
K5957/1997S -No details
14. Ptn 3 of the

.
-
~
Dikgale T98802/1997 685.2313 H B50397/2001

farm Rietgat Landbank
Boerdery PTY
836 LS LTD
15. Ptn 4 of the Dikgale T98802/1997 685.2256 H 850397/2001 Landbank

farm Rietgat Boerdery PTY
836 LS LTD
\,
16. Ptn 5 of the Zohra Khalum T114419/1999 7.0000 H NO,ne None

farm Rietgat .A,darn &
rnohamed Khan
Adam
17. RlE of the Allan Ivy Trust T10259/1993 1460.6573 H K1487/1969S No Details ..
farm ~-
Smitskraal
788 L8
K4566/2002S No Details
K4553/19988 No details
18. Ptn 1 of the • Marie T338/1993 and 513.9192 H B662/1993 RSA

farm Louisa & T59531/1989 ~---.
Smitskraal Martinus K2146/1987S No Details
788 LS Johannes
Van Zyl and K32/1993S Marthlnus
• J&D
Johannes
Chickens' , , Van Zyl
CC
19. Ptn 2 of the Allan Ivy Trust

farm
Tl0261/1993
.514 ..0828 H B 11792/1999
- ~
Nedcor
Bank
Smitskraal
788 L8 "
20. Pin 3 of the Allan Ivy Trust T10259/1993 530.3121 H B11792/1999 Nedcor
farm -"';'-'--
Bank
.Smitskraal
788 LS
,
K7874/1996S No Detail s
21. Ptn 4 of the Allan Ivy TrusJ T10259/1993 506.2895 H None None
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AMEND~D
SUBI;USSION IN'TERMS OF SeCTION 420 OF THE RESmVTlON OF LAlm RIGHTS ACT, 1904 (ACT NO. 22 OF 1994) AS
COIICERNING lIIE FARMS KLEINBEGIN BJ3LS AND WEESKIND 766 LS; PORTION I OF THE FARM WATERVAL 7BSLS; AND RE~fAINING
FOR FINALISING THE MAnER OF THE MAKGATO TRIBE
EXTENT AS WELL AS PORTIONS 1,2,3,4 AND 5 OF
• ' • ltIE FARM SMITSKf1AAL 7BB LS, SITUATED I!HHE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.
, farm
Smitskraal
788 LS
22. Ptn 5 of the Allan Ivy Trust T10259/1993 514.5009 H K7874/1996S No Details
farm
Smitskraal
788 LS
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23, RlE of ptn 1 Tiveka Stella T56752/2000 253.9746 H B33878/2000 Land Bank .'
of the farm' and Risimati
Wilgeboschf Samson Baloyi
ontein 818
LS
24, RlE of ptn 2 Oldreive Frank T3130/1977 1715.3965 H None None

of the farm Lock
Wilgeboschf \.
ontein 818
LS
25. Ptn 3 of the Vanzyls Rust T98809/1997 1184.3311 H B77358/1997 Eerste

farm Boerdery PTY
Wilgeboschf Naslanale
LTD
ontein 818 Verbandbe
LS noemdes
..
PTY LTD
26. Ptn 4 of the Schalk Willem T42359/2001 342.2831 H B30763/2001 Absa

farm Joubert Van
Wilgeboschf Niel<erk
onteln 818
LS
27. Ptn 5 of the Transnet LTD T7882/1929 1.9900 H None None

farm
Wilgeboschf
ontein 818
LS (1
'.
-.,.
b)
~.
\
28. Ptn 7 of the Kgadima Trust T5393/2001 30.1075H None None

farm
Wilgeboschf
ontein 818 ~.
LS
.......
. .,
29. Ptn 8 of the Kgadima Trust T5393/2001 30.1082 H None None

farm
Wilgeboschf
ontein 818
LS
30. RlE of ptn 1 Transnet LTD T77651"1911 3.1878 H None None 1,.
of the
Bloemtuin
6
g.
4 '.
SU8MISSION IN·TERhIS OFS~CHON (20 OF mE ItESTlTUlION or LAND RIGHTS ACT. 1994 (ACT NO. 220F 19"') AS AMEND EO FOR FINALISING TliE MilnER OF TliE MAKGATO ml8E
COl;CERNING THE FARMS KLEIN8EGIN 83JLS AIIO WEESKIND 16OLS: PORliON 1 OF TliE FARM WATmVAL 185 LS; AND REMAINING EXTENT AS WELL AS PORTIONS t, 2.3.4 AND 5 OF
THE FARM SMITSKnAAL 166 LS, SlTUATED IN THE CAPRlcoml DISTRICT MUNICIPALITY OF LIMPOPO,
828 LS
VILL~..,E
31. Ptn 2 of the . Munnik Farmers T3477/1932 2.0071 H None None
~
Bloemtuin LTD
828 LS
32. RlE of ptn 3

of the v Mark Ivy Trust T10262/1993 569.2084 H None
Bloemtuin None
..
"
828 LS
.. '
33. 'Pln 4 of the
VII....LI'Tt:-G
Munnlk Farmers T9852/1921 1.8016H None
Bloemtuin None
LTD
828 LS
l.J IU--·q,C~1 C
34. Ptn 6 of the Vanzylsrust T89211/1997 8094.0000 None None
Bloemtuln Boerdery PTY m2
828 LS LTD
35. RlE of ptn <J Mark Ivy Trust T10262/1993 2996 m 2 \.

None . None
17 of the I
farm
Bloemtuin
828 LS
36. RJE of pin <") Mark Ivy Trust T103399/199 1707 m 2 None None
19 of the : 6 ..
farm
Bloemtuin
828 LS
37. RJE of ptn Mark Ivy Trust T103399/199 9520 m 2 None None
20 of the 7
farm . 6
Bloerntuin
828lS
38. RlE of pin . Mark Ivy Trust T103400/1996 106.7527 H None None
21 of the 7
\
farm
Bloemtuin
828 LS
39. RJE of the Jacohus Adam T57994/1991 248.3087 H B66543/1991 Landbank

farm Jacobs .'
Waterval
K 1126/1972S No Details
785 LS
K974/1997S No Detais
40. Pin 1 of the • Tsakane T132467/1998 312.5547 H B93686/1998 Landbark.

farm Leah and
Waterval Nlsanwisi K1528/1997S No Detais
785 LS Godfrey \
Heliscme K2010/1986S No Detals
• Georg
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SU~MISSION
. .
,
. IN.TER!1S OF SECTION 420 OF THE RESTITUTION OF LANO RIGHTS ACT, 1994 (ACT NO, 22 OF 1994) AS AMENDED FOR FINALISING THE MAnER OF THE MAKGATO TRIBE
' CONCERNING THE FARMS KLEINBEGIN 833 LS AND WEESKIND 788 LS; PORTION 1 OF THE FARM WATERVAL 785lS; AND REMAINING EXTENT AS WELL AS PORTIONS 1.2.3,4 AND 5 OF
' THE FARM SMITSKRMl 788 LS, SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LlMPOPO,
Frederick K5872/1998S No Details

Jacobus
Cranje K996/1973S No Details
41. Ptn 2 of the

farm
Willem Jacobus T31503/1996 292.7728 H B31763/1996 -'Landbank
De Villiers --~
Waterval
K1126/1972S No Details "
785 LS
K162711987S No Details
42. Ptn 3 of the Willern Jacobus T31503/1996 292.7728 H B31763/1996 Landbank

farm De Villiers
Waterval K1126/1972S No Details
785 LS \ .
43. Ptn 4 of the Jacobus Adam T57994/1991 292.7728 H B66543/1991 Landbank
farm Jacobs
Waterval K3859/1985S No Details
785 LS
.'
44. Ptn 5 of the Georg Frederick T14054/2003 44.4642 H None None

farm Jacobus Cronje
Waterval
785 LS
45, Phi 1 of the No Details No Details 249.8218 H K2743/1985S No Details

farm Geluk
783 LS K8772/1996S No Details
46. RlE of ptn 4 Bloemtuln T126962/2001 1002.4458 H None None

of the farm Boerdery PTY
Magatasprui LTD
t 816 LS
47. Ptn 6 of the Bloemtuin T126963/2001 745.0435 H B85370/200 1 Flrstrand

farm Boerdery PTY Bank LTD
Magatasprui LTD
t 816 LS ..
--.....
48. Ptn 7 of the Bloemtuin T126963/2001 1002.4484 H B85371/2001 Flrstrand
Magatasprui LTD
t 816 LS
49. The farm Droogegrond T126971/2001 306.1455 H B77351/1977 Eerste

Aalwyn 880 Boerdery PTY
LS Naslonale
LTD
Verband~e
<, .
noem
B77352/1997 Eerste
Naslonale
Bank
8
10 •
., ,
. SUtlMISSION IN,TER/AS OFSECTI~N
420 OF THE flESTITUTIOflOF lAlla RICHIS ACT. 1994 (ACT NO. 22 OF 1994) AS AMENDED FOR FINALISING IHE MAnER OF THE MAKCATOTRI8E
CONCERNING THE FARMS KLEINUEGIN all LS AND WEESI<Il'D 1a3 LS: PORTIO,"' \ OF THE FAI<M WATERVAL 785 LS: AND REt.1AINING EXTENT AS WELL AS PORTIONS 1 2 3 4 ANO B OF
HiE FARM SMITSKIlML 7aa LS. SITUATED IN lHe CAPRICORN DISTRICT MUNICIPALrTY OF LIMPOPO. • ••
885372/2001 FNB
-.'
50. The farm Droogegrond T126970/2001 396.5350 H B85373/2001 Flrstrand

Zet Zoet Boerdery PTY Bank LTD
878 LS LTD
51. R/E of the Droogegrond T126966/2001 834.7283 H 88537412001 Flrstrand

Bloemspruit LTD
871 LS \.
52. The farm Anobek PTY T57345/1994 460.9024 H K1871/1984S No Details

Vrede 789 LTD
LS K5676/1991 S No Details
53. Ptn 1 of the Anobel< PTY T8164/1981 466.2578 H 810565/1984 Volkskas

farm Eerste LTD
Geluk 790
LS
2.2.8 However, .l.here are still disputes regarding the validity of the claim between the RLCC
flnd landowners on some of the abovementioned properties. Furthermore, §9me of thU
landowners have recently changed their stance and opted to sell their properties. and
jbus such properties are still in the process of being valued and will be settled at a
Jater stage.:. .
2.2.9 The Regional Land Claims Commission: Limpopo is of .the opinion that finalisation of
.the Makg~ Tribe land claim on properties belonging to willing sellers should not be.
held to ransom by the unwilling sellers. Therefore, at this stage only the follo~in_g
J?roperties, ~hich belong to the willing sellers, will form part of the Settlement
Agreement proposed herein:
Portion Owner Title deed Extent Endorsements Holder

.-
1. The farm Patricia Lang T65311/1989 1161.6273H B24331/1998 Landbank;
Klein Begin
833 LS 843758/1990 Landbank
2. The farm J&D Chickens T59531/1989 246.0331 H K115/1945RM No detaijs

Weesl<ind CC
786 LS
3. RlE of the Allan Ivy Trust T10259/1993 1460.6573 H K1487/1969S No Deta\1 s

farm
Smitskraal K1569/1973S No details
788 LS
K4553/1998S No detals
4. Ptn t of the • Marie T338/1993 and 513.9192 H 8662/1993 RSA

farm Louisa & T59531/1989
Smitskraal Martinus K2146/1987S No Details
9
1.2.
" , S'Ul!MI~SION
IN TERMS OF S'ECTI~N
420 OF THE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 1994) AS AMEND!;.D FOR FINALISING THE MATTER OF THE MAI<GATO TRIBE
CONCERNING THE FARMS I<LEINBEGIN 933 LS ANDWEESI<IND 786LS. PORTION 1 OF THE FARM WATERVAL 785 L$; AND REMAINING EXTENT ASWELLAS PORnONS 1,2.3.4 AND 5 OF
THE FARM SMITSI<RML 780 LS. SITUATED IN TIlE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.
surveyed in the 19th Century and since then haye changed hands from one white'
owner to another. In practice, this did n~t mean anything to the Tribe as the Tribe
continued to live on the land unmolested until white landowners began to demarcate
the land by means of fences in the 20 th Century.
2.3.3 The Natives Land Act, '1913 (Act No. 27 of 1913), hereinafter refe"rred to as the Natives
Land Act, entrenched the dispossession of the Makgato Tribe of its title to the land as it
declared the farms claimed by the Tribe to be part of land that fell outside the area
Scheduled for occupation by "natives", In terms of the Natives Land Act, the farms
formed part of the land that fell within a so-called white area. The aforementioned Act
ensured that the Makgato Tribe was never to have an opportunity to own the land as
the land was set aside for occupation by white persons.
2.3.4 This stark disadvantage practically manifested itself in 1922 when the Makgato Tribe's
application to purchase the farm De Smits Kraal No. 85, now known as Smitskraal 788
LS, was turned down by the government of the time on the basis that the farm was
outside the Native area. A letter written by the Secretary of Native' Affairs on 18
October 1924 (Annexure '0') attests to this fact. In the said letter, the Secretary: for
Native Affairs indicated that :In 1922 Chief Klein Makgato made application for]
permission to purchase "De Smits Kraal" No. 85.:, The application was refused, ,having
regard to the fact that the property is not situate in the accepted Native area."
2.3.5 As a result of the aforementioned position of the government at the time, some
members of the Makgato Tribe were given notice to leave the farm De Smits Kraal No.
85 in 1925 and the Secretary of Native Affairs had the following to say in his letter to
the Sub-Native Commissioner of Pietersburg dated i h November 1925 (Annekure
'01') "I must confess that I do not share your sympathy with these Natives, who have
repeatedly been given notice to quit the farm, but have shown themselves recalcitrant.
They have only themselves to thank for the action Which has been taken against them.
There is no objection to their taking up residence on the farm "Wesel" No. 981, which
lies in the accepted Native area ... " It was against the backdrop of this type of attitude
from the government of the time that 36 households from the Makgato fribe ,~
(Annexure '02't were dispossessed of their land rights on the farm Smitskraal 788 LS
in 1925.
2.3.6 Although individual members of ihe Makgato Tribe were forcefully removed from
various farms at different times, the final removal of the Tribe and its final
diSPossession of its land rights took place in 1962 _after the Native Affair~
<.Commissioner of Soekmekaar held a meeting with Chief Ma~ato and his follower~
.from various farms on the· 03 rd of July 1962, The Minutes of the said meeting
(Annexure '03') indicate that the said Native Affairs Commissioner informed the
Makgato Tribe. that it had to move to the farm Klipplaatdrift because the .LaboJ![
Tenants Control..Qouncil had allowed Mr. Ivy, the owner of the farm Smitskraal 78B LS,
a number of only 36 families to reside on his farm on labour tenancy basis.
The other families had to move. He further intimated that if the Tribe did not move to
Klipplaatdrift then its members would be scattered on various white farms and that
would lead to the dissolution of Chief Makgato's chieftaincy. ~6th of JulX 1962,
,Mr Hubert Ivy confirmed the Native Affairs Commissioner's statement with regard to
~ restriction imposed by the Labour Tenants Control Council in a letter he ""rote !Q..
r'
11
13
., ~(JBMISSION
III TERMS OF ~ECliON AMENO~O
420 OF THE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 1664) AS FOR FINALISING THE MAnER OF THE MAKGATO TRIBE
CONCERNING THE FARMS KLEINBEGIN 6JJ LS ANOWEESKIND 766 LS; PORTION 1 OF THE FARM WATERVAL 765 LS: AND REMAINING EXTENT AS WELL AS PORTIONS 1, 2. J. 4 AND 5 OF
THE FARM SMITS KRAAL 766 LS. SITUATED IN THE CAPRICORN DISTRiCT MUNICIPALITY OF LIMPOPO.
Chief Makgato (Annexure '04'). In terms of the sqid letter, the reason for the removal
of the Tribewas that the government told Mr. Ivy that he had too many families on. his
farm and thus he had to reduce the number. .
2.3.7 Soon after the meeting with the Native Affairs Commissioner: Soekmekaar, Chief
Mal<gato and his followers were loaded onto trucks and dumped on the farm
Klipplaatdrift 508 LS next to the Machaka Tribe at Matoks. The removal of the Chief
was the final blow to the Makgato Tribe in terms of the erosion of its land rights on the
land it had occupied for more than a century.
\.
2.3.8 Note should be taken of the fact that the Makgato Tribe occupied the land under claim
from time immemorial. The farm Magatasgruit 816 LS was named after the Makgato
.Tribe. This farm w§.s thelleadkraal (mosate) of the Tribe. The presence of the Tribe on
the land under claim was acknowledged as early as 1864 when the farm Magataspruit
816 LS was surveyed. Ibis acknowledgement was confirmed by Mr. S. Waller of the
..Department of Native Affairs in his memorandum to the Senior Administratb@ Officer Qf
the same Department, dated 21 August 1957 (Annexure '05'), when he quoted the
Surveyor's remarks on the Title Deed as follows: "Geinspecteurd op heden den 20sten
April 1864 voor de Burger A.H. Potgieter de plaats genaamd Magataspruit gelegen
naby de Kaffer Kapitein Zyn kraal. .."
2.3.9 The Chief Ralheledi Makgato referred to in Annexure '05' was born in 1862 on the
.Iand that became the farm Magataspruit 816 LS in 1864 and this fact is attested to by
j:lis Death Certificate (Annexure" '06') as well as a communique by the Native
Commissioner: Soekmekaar, dated 3M July 1957, to the Chief Native Commissioner:
'?ietersburg (Annexure '07]. The said communique also corroborates the assertion
that the Makgato Tribe occupied a large area of land as well as the fact that the Tribe
occupied the land for a very long time as it is mentioned that fhief Makgato's great
g,randfstber was a~f over the area t~tretched from Munnik to Matoks Location
prior to the arrival of white people there.
", Furthermore, in his letter to the Chief Native Affairs Commissioner: Pietersburg, dated
18 July 1962, the Native Affairs Commissioner: Soekmekaar Indicated that: ''Verder
was daar ook omtrent 70 ander bantoe volgelinge van hom vanaf ander plase. Hulle is
almal plakkerdiensbodes wat hulle kontrakte moet uitdien· en hulle is meegedeet: dat
Kaptein Makgato en sy mense wat kennis gekry het eers gehelp moet word" "
(Annexure '08'). This statement by the Native Commissioner: Soekmekaar attests to
the fact that the members of the Makgato Tribe were found on several farms.
The removal of the Chief on the farm Makgatospruit 816 LS led to the loss of land
rights on the other farms that were occupied by members of the Makgato Tribe as they
had no other option but to follow their Chief to the farm Klipplaatdrift 508 LS. This fact
should be understood in the context of a statement made by the Under-Secreta'v-yof
Native Areas on 19 September 1958 in a report to his Minister when he wrote thus:
volgens mnr. Ivy is daar by hom op Makgatospruit 'n 82 Makgatofamilies en I:>y sy
u ...
broer op Smitskraal 'n 25 families. Die twee groepe vorm tans die kern van die stam"
(Annexure '09'). lhis meant that the Tribe's members who were living on the I=rm~
Makgatospruit 816 LS and Smitskraal 788 LS formed the Tribe's nucleus. .N
- 'T~
12
l'+ .
• 0.,
, - - - - - , - - - - - : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,
"SUBMISSIOIHN TERMS O~SEC110N 420 OF THE RESTITUTION OF L/\ND RIGHTS ACT. '994 (ACT NO. 22 OF '994) AS AMENDED FOR FINALISING THE MAnER OF1HE MAKGATO TRIBE
CONCERNING THE FARMS KLEINBEOIN 833 LS AND WEESKIND 7e6 LS; PORTION' OF THE FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WELL AS P0R110NS 1.2.3. 4'AND 5 OF
THE FARM sMnSKRML 7e8 LS. SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.
2.3.10 The fact that the aforesaid group formed the nucleus of the Makgato Tribe makes it
obviouslhat when the nucleus of the Tribe was removed, then the people on other
farms had no other alternative but to follow their Chief.
2.3.11.6.s if this was jJot enouj1h, the Makgato Tribe was once again forcefully removed fr:2!Il.
Klipplaatdrift 508 LS in 1979_.mJ.Q dumped on the farm Kromhoels 438 MS abou.1J.§.Q..
kilometres west of the town of Polokwane due to the homeland consolidation
---- I -t'
• - -I
~gls aI o n . : .
. -c--
Refer to the Acceptance Report attached as (Annexure "E")
2.3.12 The Regional Land Claims Commission' concluded th..§! the Makgato Tribe was
dispossessed.-9U!s land rights as a result of Group Areas and labour tenancy.J
Jegislatio£l, which was racially-discriminatory in nature. Through the said legisl~, the
<~akgato Tribe's continued occupatio~estral land was vieweQ.J2¥ authorities 01.-
~he time as a Qlacksl2..ot in a white area. Th~ Native Commissioner of Soekmekaar, as
an organ of the State, enforced the removal of the Tribe from the land.
2.3.13 This succinct history of dispossession clearly demonstrates the rights enjoyed by the
Makgato Tribe and the manner in which its rights were gradually eroded using every
trick imaginable to make life unbearable for the people.
2.4 NATURE AND EXTENT OF RIGHTS LOST
2.4.1 The Makgato Tribe had beneficial occupation and use rights on the land since it
occupied the land for more than a century prior to its removal. The Tribe also had
graZing, hunting, cropping, fishing and burial rights. THe Makgato Tribe left many
graves Oil the farms including those of its earlier Chiefs.
"
2.4.2 . The sentimental attachment the Tribe had to the land is well articulated by the then
Under-Secretary for Native Areas in his letter (Annexure 'D9') whereh~ wrote about
,Chief Makgato's feeling thus: 'BY houdJpg is--= hy kan nie daar weg waar 'n s~sta1
,vorige Mak9.atohoofde be,grawele, - s1. starn probeer fondse insamel - om
MakgatosQfuit te koop .. .': The fact that six of the Tribe's earlier Chiefs were buried
'there as well as the attempts by the Tribe to purchase the farm Makgatospruit 81 6 LS
reflects how strongly the Tribe felt about its land.
2.4.3 The total extent of the land claimed by the Makgato Tribe is approximately
23230.9189 hectares. However, the total extent of the land to be restored in terms of
this first phase submission is 5759.9769 hectares. \
Letter from the Under-Secretary for Native Areas Is attached as (Annexure 'E1')
3. ACCEPTANCE OF THE CLAIM.
3.1 The claim substantially complies with the requirements contained in Section 2 of the
Restitution of Land Rights Act 22 of 1994, as amended.
3.2 The Regional Land Claims Commissioner: Limpopo is of the view that the Makgato
Tribe was dispossessed of its land rights through racially-discriminatory laws and
13
\. I S' •
, .,
SU!ltIiSSION II'! TERMS OF s'eCTION 420 OF THe REST1HJTiON OF UlND RIGHTS ACT, HXl4 (ACT NO. 22 OF 1994) AS AMENDED FOR FINALiSING TIiE MAnER OF THE MAKGATO TRIBE
'CONCERNING THE FARMS KLEINBEGIN 8JJ LS ANO WEESKIND 766LS; PORTION 1 OF THE FARM WATERVAL 765 LS; AND REMAINING EXTENT AS WEll AS PORTIONS 1,2, J, 4 ANO 5 OF
THE FARM SMITSKRML 766 LS, SITUATED IN THE CAPRICORN DISTRiCT MUNICIPALITY OF LIMPOPO.
practices and did not receive just and equitable. compensation because the farm
Klipplaatdrift 508 LS which was offered as alternative land is rocky and characterised ..
by poor soils. Furthermore, no sooner· had the Tribe settled down on the farm
Klipplaatdrift 508 LS than they were removed again in 1979 and settled on the farm
Kro~hoek 438 MS, which is more than 150 kilometres away from where the claimants
were originally settled.
3.3 The fact that the Native Commissioner of Soekmekaar informed the Makgato Tribe
.about the tribe's intended removal to Ktipplaatdrift highlights the involvement of the
State in the dispossession.
3.4 On the basis of the above-mentioned facts and information the Office of the
Regional Land Claims Commission: Limpopo has accepted the land claim by the
Makgato Tribe as a prima-facie valid land claim in terms of Section 2 of the Restitution
of Land Rights Act 22 of 1994, as amended read with Rules 3 and 5 of the Rules
Regarding the Procedure of the Commission on Restitution ofLand Rights.
3.5 The land claim was published in Government Gazette No. 25189 as Notice No. 1895
on the 18th of July 2003. . - ,-
Please refer to the Accertance Report (Annexure "E") and a copy of Gazette Notice No. 1895 of 200;3
attached as (Annexure "F")
4. THE SETTLEMENT PACKAGE
4.1 Options considered
4.1.1 At an options workshop held on the 04 th of May 2002, the claimants took a resolL~tion
(Annexure "G1 '0/ that they need restoration of original land. The claimants
subsequently amplified their option by taking another resolution (Annexure "G2") that
they would like to be compensated financially for properties constituting the town of
Munnik as well as Portions 7 and 8 of the farm Wilgeboschfontein 818 LS which were
purchased for a group of land reform beneficiaries calling themselves Kgadima Trust
through the Land Redistribution programme of the Department of Land Affairs in the
year 2000.
4.1.2 The Regional Land Claims Commission: Limpopo is of the opinion that the farms
Kleinbegin 833 LS and Weeskind 786 LS; Portion 1 of the farm Waterval 785; and
Remaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 lS on
which finalisation of the Makgato Tribe's land claim is proposed herein as the first
phase of finalising the claim, are feasible to restore to the Community and it is
desirable to do so since the land is currently used for crop, cattle and game farming.
4.1.3 Seven (7) out of twenty-seven (27) private landowners have indicated their willingness
to sell their land in favour of the Makgato Tribe. So far, valuations have been
conducted on properties belonging to five (5) landowners. The RLCC is in the process
of appointing a Valuer to conduct valuations on properties belonging to the two (2)
remaining willing sellers. The RLCC is of the view that the claim should be finalised on
the willing sellers' properties that have already been valued so that the claimants can
find some relief while the dispute on other properties is being resolved. In additioll, the
- " .. '
14
Ib
, .. 'J
n
SUBMISSiON IN TER':AS OF SECTION 420 OF mE RESTITUTION OF LAND RIGHTS ACT, 1994 tACT NO. OF 1994) AS AMENDED FOR FINALISING THE MA nER OF THE IAAKClATO TRIBE
CONCERNIHG THE FAnMS KLEIN BEGIN BJJ LS AND WEESKIND 7BB LS; PORTION 1 OF THE FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WElL AS PORTIONS 1,2, J, 4 AND 5 OF
THE FARM SlAfTS<RML 788 LS, SITUATED IN THE CAPRICORN DISTRiCT MUNICIPALITY OF LIMPOPO.
Makgato Tribe lodged its land claim in 1995, almost ten years ago and the Tribe's
claim has not yet been resolved even on one property.
4.1.4 The RLCC is also in the process of appointing a Valuer to determine the market value
of the properties constituting the townof Munnik as well as Portions 7 and 8 of the farm
Wilgeboschfontein 818 LS in lieu of which the claimants have opted for financial
compensation. Finalisation of the Makgato Tribe land claim on these properties will
form part of the second phase of finalising the claim.
4.1.5 The RLCC is currently pursuing the dispute regarding the validity of the claim on
properties belonging to the unwilling sellers. It is hoped a solution will be found within a
month, failing which the matter will either be referred to the Land Claims Court or for
expropriation: In addition, it is anticipated that finalisation of the land claim on these
properties will also form part of the second phase of finalising the claim. 22. ~o'/-!
Resolutions on restitution options attached as (Annexures "G1" and "G2") respeclively,
4.2 The value of the claim

j;'," . - ........
4.2.1 RLCC: Limpopo appointed De Leeuw Africa Valuers to determine the open mar~et
value of the farms Kleinbegil1 833 LS and Weeskind 786 LS; Portion 1 of the farm.
Watervai 785 LS; and Remaining Extent as well as Portions 1, 2·, 3,' 4 and 501 the farm
Smitskraal 788 LS. According to the valuation report, the combined value of these
properties is R18 982838.00. The breakdown of the combined value is as follows:
-
Portion Owner Title deed Extent Price
1. The farm Patricia Lang T65311/1989 1161.6273H R4 430 000.00 A \ ' ..

Klein Begin
833 LS
2. The farm J&D Chickens T59531/1989 246.0331 H R615 000.00 I\. ~

Weeskind CC
786 LS
3. Ptn 1 of the • Marie T338/1993 and 513.9192 H R1 087 838.00 ~

farm Louisa & T59531/1989
Smilskraal Martinus
788 LS Johannes
Van Zyl and
• J&D
Chickens
CC
4. R/E of the Allan Ivy Trust T10259/1993 1460.6573 H R12 200 000.00 f\
farm
Smitskraal
788 LS
5. Ptn 2 of the Allan Ivy Trust T10261/1993 514.0828 H Included In 4

farm above.
15 - ~ ... ,'
, .....
Smitskraal .
788 LS
6. Ptn 3 of the Allan Ivy Trust T1025911993 530.3121 H Included In 4

farm above.
Smltskraal
788 LS
7. Ptn 4 of the Allan Ivy Trust T10259/1993 506.2895 H Included in 4

farm above.
Smltskraal '.
788 LS
8. Ptn 5 of the Allan Ivy Trust T10259/1993 514.5009 H Included In 4

farm above.
Smltskraal
788 LS
9. Ptn 1 of the' • Tsal<ane T132467/1998 312.5547 H R650 000 ,00 A. I'

farm Leah and
Waterval Nlsan'wisl
" 785 LS Godfrey
Hetisane
4.2.2 Based on the amounts in the Valuation Reports (Annexure "H"j, the RLCC: Limpopo
made, without prejudice offers (Annexure "11'ito purchase the farms Kleinbegin'1333
LS and Weesldnd 786 LS; Portion 1 of the farm Waterval 785 LS; and Remaining
Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS. All the
concerned landowners wrote letters (Annexure "12'~) to accept the offers.
4.2.3 The RLCC proceeded to draft Sale Agreements (Annexure "13"), which will be signed
upon the Minister's approval of this submission.
\,
Copies of Valuation reports, Letters of offers to purchase the land, Letters of acceptance of purchase
offers and draft Sale Agreements are attached as (Annexures "H", "11", "12" and "13") respectively.
4.3 Agreements
The gist of the Section 420 Settlement Agreement reached with the Makgato Tribe Is that:
4.3.1 The State will purchase and restore the farms Kleinbegin 833 LS and Weeskind 786
LS; Portion 1 of the farm Waterval 785 LS; and Remaining Extent as well as Portions
1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS. to the Makgato Tribe as per the
Settlement Agreement attached herewith as the first phase of the finalisation of the
Makgato Tribe land ,claim. '
4.3.2 Settlement of the Makgato Tribe land claim on properties where there is still dispute
with regard to the validity of the claim will be deferred to a later stage when the dis pute
shall have been resolved.
4.3.3 Settlement of the claim on properties compns1I1g the town of Munnik as well as
Portions 7 and 8 of the farm Wilgeboschfontein 818 LS in l1eu of which the Malcgato
Tribe has opted for financial compensation will be deferred to a later stage when the
monetary value of the properties in question shall have been determined.
16
, .
·St./"MISSION IN TE[\MS OF SECTlOll420 OF THE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 10114) AS AMENDED FOR FINALISING THE MATTER OF THE MAKGATO TRIBE
.CdNCERNING THE FARMS KlEINBEGIN8J3lS ANDWEESKIND 786lS: PORTION 1 OF THE FARM WATERVAL 785 LS: AND REt:lAINING EXTENT AS WELL AS PORTIONS 1.2.3,4 AND 5 OF
THE FARIA SMIT SKRAAL 188 LS, SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO,
4.3.4 The to-be-registered Makgato Communal Property Association will take transfer of the
farms Kleinbegin 833 LS and Weeskind 7-86 LS; Portion 1 of the farm Waterval 785 LS;
and Remaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788
LS as soon as the necessary property transfer and registration transactions have b~een
completed. .
4.3.5 The Regional Land Claims. Commission: Limpopo will facilitate assistance by the
Department of Agriculture: Limpopo and the Department of Finance and Economic
Development: Limpopo in agricultural and eco-tourism development for the land.
4.3.6 The RLCC: Limpopo will, through its Settlement and Development Unit (SSDU)
facilitate a strategic partnership between the Makgato Tribe and suitable Strategic
Partners once all post-settlement proposals have been scrutinised in detail so that the
Tribe can be able to utilise the land profitably and in a sustainable manner.
Please refer to copy of the Settlement Agreement attached as (Annexure "J")
4.4 Consideration of compensation received at the time of dispossession

... _\
4.4.1 At the time of dispossession, the Makgato Tribe was compensated with a portion of the
farm Klipplaatdrift ,508 LS. This farm is rocky and sandy. To add insult to injury, in
1979, the Makgato Tribe was once again removed from the farm Klipplaatdrift 508 LS
and dumped on the farm Kromhoek 438 MS which is about 150 kilometres west of the
town of Polokwane as a result of the homeland consolidation legislation.
4.4.2 The farm Kromhoek 438 MS is also characterised by poor soils and severe drought.
The Makgato Tribe was removed from the farms, which are approximately 50
kilometres away from the town of Polokwane and dumped further away from the town.
Members of the Tribe pay approximately R70-00 per return trip to town.
\ 4.4.3 The Makgato Tribe was dispossessed of 18 farms and thus the farm Klipplaatdrift 508
LS to which the Makgato Tribe was removed in 1962 could not amount to just and
equitable compensation.
4.4.4 The hardship that was suffered by the Makgato Tribe is well articulateq.in the his~9ry
and affidavits that the Makgato Tribe compiled (Annexures "K1" and "K2"),
respectively. According to the information in the said Annexures, the Makgato 'J'ribe
lost houses, furniture, livestock and crops during the forced removal. The Tribe was
never compensated for these losses and other concomitant social hardships.
4.4.5 In light of the preceding facts, the Regional Land Claims Commission: Limpopo is of
the view that the Makgato Tribe did not receive just and equitable compensatiofl and
should thus be restored to its original land.
4.5 Parties involved
i) Makgato Tribe
ii) Current land owners
iii) Limpopo Tourism and Parks Board
17
\q
l( , .
S\!).'MISSION IN TERMS OF SECTION 420 OF THE RESTlTVTION OF LAND RIGKTS ACT, 1\1ll4 (ACT NO, 22 OF 1994) AS AMENDED FOR FINALISING THE MAnER OF TI1E MAKGATO TRIBE
, C,ONCERNING THE FARMS KlEINBEGIN 633 LS ANDWEESKIND766lS: PORTION 1 OF THE FARM WATERVAL 765lS: AND REMAINING EXTENT AS WELL AS PORTIONS 1,2,3,4 AND 50F
, mE FARM SMITSKRAAL 766 LS. SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.
iv) Department of Agriculture: Limpopo

v) Regional Land Claims Commission: Limpopo
5. POST SETTLEMENT SUPPORT AND IMPLEMENTATION ISSUES
5.1 The land is currently being used for game farming, cattle farming and vegetable
production and therefore the Settlement Support and Development Unit (SSDU) of the
Regional Land Claims Commission: Limpopo will facilitate the appointment of a Service
Provider to compile a detailed Land-Use and Development Plan which will guide future
development on the restored land. _ ~,'
5.2 The Regional Land Claims Commission is currently in discussions with the DepartrTlemt
of Agriculture: Limpopo in finding best and sustainable land-use options for the land. .
5.3 The SSDU will facilitate assistance to the claimants by the Game and Parks component
of the Department of Finance and Economic Affairs: Limpopo for the game farming
enterprise.
I
I
, ,
5.4 Some of the current landowners have indicated their Willingness to work with \the
claimants as soon as the land is restored to them. The SSDU will facilitate partnerships
between the Community and the current landowners so as to ensure transfer of skills
and continuation of the present commercial fanning activities.
5.5 The SSDU will assist the CPA in opening a bank account to facilitate deposits of any
income to be generated.
5.6 The SSDU is will conduct skills and needs assessment in order to establish capacity"
building needs within the Tribe.
, 5.7 The SSDU and the Legal Unit will facilitate interim lease agreements between current
, landowners and the Tribe while a detailed Land-U.se and Development Plan is being
compiled.
5.8 The SSDU will pursue any future Section 42C application for additional funding for land
development.
5.9 The SSDU will assist the claimants through a series of standard workshops offered to
land claim beneficiary communities with respect to issues related to the CPA capacity
development, including but not limited to: '
• Understanding the CPA Constitution and the roles and responsibilities of CPA
Executive members;
• SARS and revenue implications of being land owners;
• Understanding of labour regulations;
• Basic financial management training in conjunction with the Land Bank.
5.10 Any additional training will be identified in terms of the skills and needs assessment.
\.
18
2.0
SUBM1SS1PN IN TERMS OF SECTION ~2D OF THE RESTITUTIO/I OF lAND RIGHTS ACT. 1994 (ACT NO. 22 OF 199~1 AS AMENDED FOIR FINALISING THE MAnER Of THE IMKGATO lAlBE
CONCERNING THE FARMS KLEltlBEGIt18:;J LS AIID WEESr.rND 786 LS: PORTION 1 OF THE FARM WATERVAL 785 LS: AND ~EIMINING EXTENT As WELL AS PORlIQNS I. 2. J. 4 AND 50F
'THE FARM SMITSKRML Jaa LS, SITUATED ,t~ THE CAPRICORN DiSTRiCT MUNICIPALITY OF LIMPOPO. .
6. AGREEMENT REACHED AMONGST PARTIES IN TERMS OF SECTION 14(3) OF THE

ACT
The Regional Land Claims Commissioner for Limpopo, Mashile Mokono, has certified
in writing as provided for in terms of Section 14(3) of the Restitution of Land Rights Act,
1994 (J\ctNo. 22 of 1994) as amended that he is satisfied with the agreement entered
into for the partial settlement of the Makgato Tribe land claim and that such agreement
ought not to be referred to Court, and that such agreement be effective from the date
of signature of the Settlement Agreement by the parties.
Copy of thEl Certificale in terms of Section 14(3) of the Restitution of Land Rights Act 22 of 1994 as
amended, attached as (Annexure "L")
7. FINANCIAL IMPLICATIONS
7.1 There will be funds needed for Settlement Planning Grants, Restitution DiscretionarY
Grants and the purchase of farms Kleinbegin 833 LS and Weeskind 786 LS; Portion 1
of the farm Waterval 785 LS; and Remaining Extent as well as Portions 1,2, 3, 4 and 5
of the farm Smitskraal 788 LS. The required funds are as follows:
.,/
7.1.1 Settlement Planning Grants: R1 440 x 1821(households)= R2 622 240.00A
7.1.2 Restitution Discretionary Grants: R 3000 x 1821 = R5 463 000.00 ;.\':.
7.1.3 Amount for purchase of the land to be restored: = R18 982 83a.OO~
8. POLICY IMPLICATIONS
.8.1 This submission covers the first phase of the finalisation of the Makgato Tribe land
claim. It is anticipated that a submission pertaining to the financial compensation in'
respect of the town of Munnik 8.S well as Portions 7 and 8 of the farm
Wilgeboschfontein818 LS will be forthcoming as soon as the necessary valuations
have been done.
8.2 It is anticipated that a submission in respect of the outstanding properties will be

forthcoming after the Land Claims Court ruling.
- ...... '
19
;t' ;"
." , '
SUBMISSION It! TEI3MS OF SECtiON 420 OF THE RESTITUTION OF LAND RIGKTS ACT, l1X14 (ACT NO. 22 OF 1994) AS AMENOED FOR FINALISING THE MAnER OF THE MAKGATO TRIBE
Cl"'~CERNING THE FARMS KlEINSEGIN 833 lS AND WEESKIND 786 LS; PORTIDII I OF THE FARM WATERVAL 765 LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1,2,3.4 AND 5 OF
THE FARM SMrTSKRML 768 LS, SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.
9. STATISTICAL INFORMATION
Name of claim Makgato Tribe
Location, municipal Munnlk, Molemole Local Municipality, Capricorn District Municipality

area, Province In Limpopo
No. of claims lodged: 1
Claim forms for the
specific case
Amount of counter- There were 3 counter claims registered and resolved.
claims registered .
Properties restored None
Estimated number of 9000
beneficiaries - ~.
Number of households 1821

Female headed
households 522
Total hectorage to be 5759.9769 hectares
restored
Financial compensation N/A
paid
Total cost of settlement R27 068 078.00
\.
-.......
20
\
'.
"~U8M;'SSION
IN TERMS OF SEC;;ION 420 OF THE RESTITUTiON OF LAND RIGHTS ACT. tll94 (ACT NO. 22 OF 1894) AS AMENDED FOR FINALISINCl THE MAnER OF nlE MAKGATO TRI8E
"'CONCERNING THE FARMS KLEIN8EG1N 833 LS AND WEESK1ND 786 LS; PORTION' OF lliE FARM WATERVIIL 765 LS; AND REMAINING EXTEN'T AS WELL AS PORTIONS 1.2,3,4 AND 5 OF
THE FIIRM SMITSKRML 786 LS, SITUATED IN THE CAPRICORN DiSTRICT MUNICIPALITY OF LIMPOPO,
10. RECOMMENDATIONS
It is recommended that the Minister -
10.'1 acknowledges the negotiations process and proposed settlement of the first phase of the land
claim by the Makgato Tribe; and
10.2 approves the settlement of the Makgato Tribe land

claim as per the attached Settlement Agreement reached by the parties in terms of Section
420 of the Restitution of Land Rights Act 22 of 1994, as amended; and
10.3 authorises the Regional Land Claims Commissioner for Limpopo: Mashile Mokono or his
nominee to sign the Settlement Agreement and Sale Agreement attached hereto as well as
property transfer documents to be lodged with the Deeds Office at a later stage; and
I 10.4 approves the release of the required amount of R18 982 838.00 for the purchase of the farms
Kleinbegin 833 LS and Weeskind 786 LS; Portion 1 of the farm Waterval 785 LS; and
Remaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smltskraal 788 LS in favour
of the Makgato Tribe; and
10.5 approves that the Makgato Communal Property Association should, upon finalisation of~the
necessary land purchase transactions, take transfer of the farms Kleinbegln 833 LSand
Weeskind 786 LS; Portion 1 of the farm Waterval 785 LS; and Remaining Extent as well as
Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS; and
10.6 approves the release of the required amount of R2 622 240.00 and R5 463 000.00 for SPG
and RDG in favour of the Makgato Tribe'; and
10.7· approves that a submission in terms of Section 42C of the Restitution of Land Rights Act 22 of
1994, as amended, be made at a later stage to request funding for the development of the land
based on a Land-Use and Development Plan to be compiled; and
10.8 approves the deferment of the settlement of the Makgato Tribe land claim on those properties
where there are still disputes with regard to the validity of the claim to a later stage when the
such disputes shall have been resolved; and
10.9 approves the deferment of the settlement of the Makgato tribe land claim on the properties for'
which the Tribe has opted for financial compensation to a later stage when the monetary value
of the affected properties shall have been determined .
. MASHILE MOKONO
RLCC: Ll'~;J
DATE: 0 ..P/~ zoot
- ~ ... '
21
,. SUBMISSION'IN TERMS OF SECTION 42D OF THE RESTITUTION OF LAND RIGHTS ACT. 19\14 (ACT NO, 22 OF 1994) AS fIM~NDED FOR FINALISING THE MATll:R Of THE MAKGI\TO TRIBE
CONCERNING THE FARMS KlEINBEGIN 6JJ LS AND WEESKIND 788 LS: PORTION 1 OF THE FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WELL AS POR1"ONS 1.2.3,4 AND 5 OF
THE FIIRM SMITSKRAAL 786lS, SnUATEO IN THE CAPRICORN DISTRiCT MUNICIPALITY OF LIMPOPO,
\,
10. RECOMMENDATIONS
It is recommended that the Minister-

10.1 acknowledges the negotiations process and proposed settlement of the first phase of the land

claim as per the attached Settlement Agreement reached by the parties In terms of Sectlon--
42D of the Restitution of Land Rights Act 22 of 1994, as amended; and
10.4 approves the release of the required amount of R18 982 838.00 for the purchase of the farms
Remaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS in favour
10.5 approves that the Makgato Communal Property Association should, upon flnalisation of the
necessary land purchase transactions, take transfer of the farms Klelnbegin 833 LS and
and RDG in favour of the Makgato Tribe; and
10.7 approves that a submission in terms of Section 42C of the Restitution of Land Rights Act 22,of
10.9 approves the deferment of the settlement of the Makgato tribe land claim on the propertIes for
of the affected properties shall have been determined.
Recommendation 10.1 supported! nel~::tm!~:ea'

Recommendation 10.2 supported! net~~9ftE~
Recommendation 10.3 supported! rmt:-suptJ1,mro
Recommendation 10.4 supported! rt01~tt1i=f6Jllt
Recommendation 10.5 supported! rre1~~Mee....
Recommendation 10.6 supported! Aet~rrI't~~
Recommendation 10.7 supported! ne~:tmJ~e.ci
Recommendation 10.8 supported! net~pp.cll:te~
Recommendation 10.9 supported! o.ol~tpprorted
Comment:
Mr. TOZI GW N
CHIEF LAND!} C}AI~SfOM ISSIONER
DATE: ~ f If Of
22
r - - : : - - - - ' - - - - - - - - - - - ' - - - - - - - - - - - - - - - - - - - - - - - - - ' - - ' - ; .,
'SUBMISSION.!N TERMS OF'SE~ION 420 OF THE RESTITUTION OF LAND RIGHTS ACT, 1904 (/ICT NO. 22 OF 1994) AS AMENDED FOR FINALISING THE MATIEROF THE MAKGATOTRIBE
'£ONCERNING THE FARMS KLEINBEGIN B33 LS AND WEESKIND 788 LS: PORTION 1 OF THE FARM WATERVAL 785 LS: AND RE~iAINING EXTENT AS WELL AS PORTIONS " 2, 3, 4 AND 5 OF
, )
THE FARM SMITSKRML 78B LS, SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO.
10. RECOMMENDATIONS

10.1 acknowledges the negotiations process and proposed settlement of the first phase of thE:\ land
claim by the Makgato Tribe; and .. , .

420 of the Restitution of Land Rights Act'22 of 1994, as amended; and
10.3 authorises the Regional Land. Claims Commissioner for Limpopo: Mashile Mokono or his
property transfer documents to be lodged with the DerS Office at a later stage; and
10.5 approves that the Makgato Communal Property Association should, upon finalisation of the
necessary land purchase transactions, take transfer of the farms Kleinbegin 833 LS and
10.7 approves that a submission in terms of Section 42C of the Restitution of Land Rights Act 22 of
based on a Land-Use and DevelopmentPlan to be compiled; and . ,ft'
where there are still disputr.~s with regard to the validity of the claim to a later stage when the
10.9 approves the deferment of the settlement of the Makgato tribe land claim on the properties for
of the affected properties shall have been determined. .
,,.
Recommendation 10.1 supported! nQi sl:lf'por tett...
Recommendation 10.2 supported! nat S'lppo~.
Recommendation 10.3supportedi n,ot SI'pported .
Recommendation 10.4 supported! not sl.lpporteQ. .
Recommendation 10.5 supported! not supported, ..
Recommendation 10.6 supported! not SllpportQ<;\. ..
Recommendation 10.7 supported! m~t sUf3pertett. ..
Recommendation 10.8 supported!l~pperted;:.
Recommendation 10.9 supported! n~~Red-:7.
Comment:
~
Ms S N 0 CHOANE
CHIEF FINANcIAL OFFICER
DATE: 'V").,\\~-u:C-\
23
,. ,-;- ,
..
,._-----------------------------,
;SUBMISSION IN TERMS OF SECllON .20 OF lHE RESllTUIlON OF LAND RIGIllS ACl. 1994 (ACT NO. 22 OF Hll14) AS AMENDED FOR FINALISING mE MAnER OF lHE MAKGAlO mlBE
.. " 'CONCERNING THE FARMS KlEINBEGIN 633 LS ANOWEESKIND 766LS; PORllON \ OF lHE FARMWAlERVAL 7M LS; ANO REMAINING EXTENT AS WELLAS PORllONS 1,2,3, 4AND 5 OF
• lilE FARM SMnSKRAAL 7GB LS. snUATED IN THE CAPRICORN DISTRICT MUNICIPALIlY OF LIMPOPO.
10. RECOMMENDATIONS


420 of the Restitution of Land Rights Act 22 of 1994, as amended; and
Kleinbegin 833 LS and Weeskind 786 LS; Portion 1 of the farm ,Waterval 785 LS; and
Remaining Extent as well as Portions 1, 2, 3, 4 and 5 of the farm Smitskraal 788 LS In favour
I
I
of the Makgato Tribe; a n d - '
i, 10.5 approves that the Makgato Communal Property Association should, upon finalisation of the
I necessary land purchase transactions, take transfer of the farms Kleinbegin 833 LS and
10.6 approves the release of the reqUired amount of R2 622 240.00 and R5 463 000.00 for SPG
and RDG in favour of the Makgato Tribe; and \.
of the affected properties shall have been determined.
Recommendation 10.1 supported! not 9uPPOlled ....

Recommendation 10.2 supported! Rot supportect ..
Recommendation 10.3 supported! r:lot supported ...
Recommendation 10.4 supported! not 81 JPfmJ'fed'po,.
Recommendation 10.5 supported! not sUPPolierr .
Recommendation 10.6 supported! not SUpPOI ted .
Recommendation 10.7 supported! not supporte€f.:...
Recommendation 10.8 supported! nQt S\IP~, .•
Recommendation 10.9 supported! nolsllpported ...
Commy~ .
~e-<-.
s \-1.1:> c..~c~~ , ....
Dr. G P MAYENDE
DIRECTOR-GENERAL
DATE: J.. ").-\~ \ ~
24
,-r ,'" ~"'.BMISSION FINALlSIN~
IN TERMS OF SECTION 420 OF n-iE RESTITUTION OF LAND RIGHTS ACT. 1994 (ACT NO. 22 OF 1994) AS AMENDED FOR THE MAnER OF THE MAKGATO TRIBE
:/ , ., C;-)NCERNING THE FARMS KLEINBEGIN 633 LS AND WEESKIND 788 LS; PORTION 1 OF THE FARM WATERVAL 785 LS; AND REMAINING EXTENT AS WELL AS PORTIONS 1 2 3 4 AND 5 OF
• THE FARM SMITSKl1AAL 788 LS. SITUATED IN THE CAPRICORN DISTRICT MUNICIPALITY OF LIMPOPO. • • ,
10. RECOMMENDATIONS

10.2 approves . the settlement of the Makgato Tribe land

42D of the Restitution of Land Rights Act 22 of 1994, as amended; and
of the Makgato Tribe; and I
10.5 approves that the Makgato Communal Property Association should, upon finalisation of the
necessary land purchase transactions, take transfer of the farms Kleinbegin 833 LS and
10.6 approvesthe release of the'required amount of R2 622 240.00 and R5 463 000.00 for SPG
of the affeCted properties shall have been determined. .
Recommendation 10.1 approved/ not approved .

Recommendation 10.2 approved/ not appr ed .
Recommendation 10.3 approved/ not apR 0 ed .
Recommendation 10.4 approved/ not a ro d .
Recommendation 10.5 approved/ not pro d .
Recommendation 10.6 approved/ not ppro d .
Recommendation 10.7 approved/ no appro d .
Recommendation 10.8 approved/ n t appro ed .
Recommendation 10.9 approved/ ot approved ..
Comment:
i.AtJDiD~
MINISTER
DATE: )>1/ oj 72-00 S.
25

Government Memo On Claimed Farms - Part 1

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\i ~ ;~········ttfi!·a..~ , _ _._ __ _.-

SUBJEo"t: "SUBMI$siQ,N'IN TERMSbF

A STIFFY NUMBER:. 01 INCLUDED OFFICE: RLCC-UMPqpo

NEGOTIATOR/AUTHOR Mr B.R Shilote

EXECUTIVE ASSISTANT Ms P Mangotlo

.,~SSISTANT: CLCC's Office

I: '- . ' 'j2.~~, ~ /~~

COMMISSION ON RESTITUTION OF LAND RIGHTS

Regional Land Claims Commission: Limpopo •

'Ref~rence: KRP 6261

2. INFORMATION WITH REGARD TO THE CLAIM

2.1 Claimants profile and verification

2.1.2 ~nal La~ Claims commissjQna~ointed Swaranang Management

2.2 DESCRIPTION OF THE LAND

Copy of a Locality Map is attached as (Annexure "B")

Portion Owner Title deed Extent Endorsements Holder

2. The farm Patricia L.ang T65311/1989 1161.6273H 824331/1998 Landbank

3. The ·farm Jahan Le Raux T8332/1999 775.5555H 1<431/1978RM Grimmer

4. The farm J&D Chickens T59531/1989 246.0331 H K115/1945RM No details

6. ptn 1 of the Vanzyls Rust T98809/1997 300.9(325 H B77358/1997 Eerste

7. RJE of the Vanzyls Rust T98809/1997 292.3594 H 877358/1997 Eerste

8. Ptn 1 of the Vanzyls Rust T98809/1997 292.7290 H 877358/1997 Eerste

9. Ptn 1 of the Acotech T 102995/2002 256.9596 H 873499/2002 Henry

10. RJE of the Droogegrond T98803/'i 897 458:1596 H K1192/1972S No details

12. Ptn 1 of the Jan Hendrik T23334/1968 555.2112 H None None

'J 3. Ptn 2 of the Michiel Joshua T77 445/2000

K5957/1997S -No details

14. Ptn 3 of the

Dikgale T98802/1997 685.2313 H B50397/2001

15. Ptn 4 of the Dikgale T98802/1997 685.2256 H 850397/2001 Landbank

16. Ptn 5 of the Zohra Khalum T114419/1999 7.0000 H NO,ne None

18. Ptn 1 of the • Marie T338/1993 and 513.9192 H B662/1993 RSA

19. Ptn 2 of the Allan Ivy Trust

24, RlE of ptn 2 Oldreive Frank T3130/1977 1715.3965 H None None

25. Ptn 3 of the Vanzyls Rust T98809/1997 1184.3311 H B77358/1997 Eerste

26. Ptn 4 of the Schalk Willem T42359/2001 342.2831 H B30763/2001 Absa

27. Ptn 5 of the Transnet LTD T7882/1929 1.9900 H None None

28. Ptn 7 of the Kgadima Trust T5393/2001 30.1075H None None

29. Ptn 8 of the Kgadima Trust T5393/2001 30.1082 H None None

32. RlE of ptn 3

35. RlE of ptn <J Mark Ivy Trust T10262/1993 2996 m 2 \.

39. RJE of the Jacohus Adam T57994/1991 248.3087 H B66543/1991 Landbank

40. Pin 1 of the • Tsakane T132467/1998 312.5547 H B93686/1998 Landbark.

Frederick K5872/1998S No Details

41. Ptn 2 of the

42. Ptn 3 of the Willern Jacobus T31503/1996 292.7728 H B31763/1996 Landbank

44. Ptn 5 of the Georg Frederick T14054/2003 44.4642 H None None

45, Phi 1 of the No Details No Details 249.8218 H K2743/1985S No Details

46. RlE of ptn 4 Bloemtuln T126962/2001 1002.4458 H None None

47. Ptn 6 of the Bloemtuin T126963/2001 745.0435 H B85370/200 1 Flrstrand

49. The farm Droogegrond T126971/2001 306.1455 H B77351/1977 Eerste

50. The farm Droogegrond T126970/2001 396.5350 H B85373/2001 Flrstrand

51. R/E of the Droogegrond T126966/2001 834.7283 H 88537412001 Flrstrand

52. The farm Anobek PTY T57345/1994 460.9024 H K1871/1984S No Details

53. Ptn 1 of the Anobel< PTY T8164/1981 466.2578 H 810565/1984 Volkskas

Portion Owner Title deed Extent Endorsements Holder

2. The farm J&D Chickens T59531/1989 246.0331 H K115/1945RM No detaijs

3. RlE of the Allan Ivy Trust T10259/1993 1460.6573 H K1487/1969S No Deta\1 s

4. Ptn t of the • Marie T338/1993 and 513.9192 H 8662/1993 RSA

2.4 NATURE AND EXTENT OF RIGHTS LOST

3. ACCEPTANCE OF THE CLAIM.

4. THE SETTLEMENT PACKAGE