Dear Portfolio Committee on Land Affairs

Good day to you all

KNYSNA COMMUTITY LAND CLAIM LEGAL ENTITY RESTONIA TRUST

After almost 24 years of one step forward and three steps back, claimants gracefully put this case to you for your kind perusal and further guidelines.

1. HISTORY OF THE CLAIM
The Settlement Agreement between the Department of Land Affairs and the Knysna Community land claimants was signed on 25 February 2001
The claim comprises two (2) parcels of land namely erf 255 Knysna measuring 746.38 ha with the Knysna Municipality as landowner AND erven 4004 to 4023 Salt River Knysna measuring 1147.71 ha in total 1894.09ha
The department of land Affairs put a monetary value of R20 784 285.08 on the 1894.09 hectares of land under claim. The Regional Commissioner: Restitution of Land Rights verified 1260 claimants and used the formula R20 784 285.08 / 1260 = R16 495.46 to apportion the individual foreach claimant. Approximately 98.9% of claimants opted for financial compensation. 24 claimants opted for land.
In 2007 the Regional Commission: Restitution on land rights felt that the same formula that was used to apportion the financial compensation should be used to apportion the total hectares for the remaining 24 claimants namely 1894.09ha / 1260 (claimants) = 1.503ha X24(land claimants) 36.072hafor the 24 community claimants
2. NEW DEVELOPMENTS
But on 18 June 2008 at a special Council meeting, Council took a resolution and i quote part of it (a) "That Council offer the claimants 1.69 hectares of land at a precinct of the claimants' choice" AND (g) "that this offer is in full and final settlement of the land claim and the claimants have no further claim or redress"
Claimants Retonia Trust could not or did not accept such an "offer" for some of the following reasons:
(a) An offer by the municipality, whose land is under claim, act outside of the ambit of the Restitution Act 22/1994.
(b) The municipality acted as player and referee
(c) That certain requirements of an offer were not met and still the municipality insist to abide by this resolution
(d) Unfortunately, the Commission on Restitution of land Rights: WC supports the municipality

This seems to be the deadlock. We gracefully will appreciate your help to bring the parties together for a round table gathering.

Thank you for kind understanding