Ramaphosa Signs Communal Property Associations Amendment Bill

President Cyril Ramaphosa has signed the Communal Property Associations Amendment Bill, which modifies the original Communal Property Associations Act of 1996. This new law aims to enhance the protection of the rights of communities involved in Communal Property Associations (CPAs) and to clarify the purpose and function of these associations.

According to a statement from the Presidency, the amendments introduce several key measures. These include the development of general plans for land administered by CPAs, the creation of a Communal Property Associations Office, and the appointment of a Registrar of Communal Property Associations. These provisions are designed to improve oversight and ensure that the land rights of community members are safeguarded.

The CPA Act applies to communities that have acquired property through restitution, either by court order under the Restitution of Land Rights Act, 1994 or through other legal frameworks, provided they form CPAs in accordance with the law. The amended Act makes it clear that land ownership will rest with the individual residents who are members of the association, rather than with the association itself.

The amendments address several challenges that the Department of Rural Development and Land Reform has faced in implementing the original Act over the years. These include abuses of power by committee members within the associations, limitations on the state’s ability to intervene in communal property matters, and the department’s capacity constraints in monitoring and providing oversight for CPAs.

The newly signed law represents an effort to ensure greater accountability, transparency, and protection of land rights within these associations, thereby supporting South Africa’s broader land reform agenda.