President Signs Communal Property Associations Amendment Bill into Law

New Law Aims to Strengthen Rights of Communities in Communal Property Associations, Improve Oversight, and Address Challenges in Land Ownership.

President Cyril Ramaphosa has officially signed into law the Communal Property Associations (CPA) Amendment Bill, which modifies the Communal Property Associations Act of 1996. The amendments seek to enhance the protection of community members' rights within communal property associations (CPAs), while clarifying the primary goals and functions of these associations.

According to the Presidency, the amended law introduces several key provisions:

Establishment of a Communal Property Associations Office.

Appointment of a Registrar of Communal Property Associations.

Development of general plans for land governed by communal property associations.

The legislation will apply specifically to communities that have acquired land through court-ordered restitution under the Restitution of Land Rights Act, 1994, or similar laws, provided that these communities form CPAs in accordance with the Act.

Key Changes in the CPA Act

The amended Act clarifies that land ownership will rest with association members, not with the associations themselves. The changes are designed to address long-standing challenges, including:

Abuse of power by individuals elected to CPA committees.

Limited state authority to intervene in issues related to communal property.

Inadequate monitoring and oversight by the Department of Rural Development and Land Reform due to capacity constraints.

The new amendments are aimed at improving governance, transparency, and accountability within CPAs, ensuring that communal land rights are better protected, and empowering the Department to provide more effective support and oversight.