The Portfolio Committee on Defence, having undertaken a fact-finding visit to Wallmannstahl on 20 August 2005, reports as follows.

A. EXECUTIVE SUMMARY

The Portfolio Committee on Defence visited Wallmannstahl on Wednesday, 24 August 2005 to ascertain the size and scope of the land claim of the Wallmannstahl community. The land claims, in general, against the Department of Defence amounts to 311 270 hectares, whilst the claims of the Wallmannstahl community amounts to 1 628 hectares.

The Wallmannstahl land claim concerns four areas: Buffelsdrift, Wallmannstahl West (also called ‘Avenues’), Wallmannstahl East (also called Jericho) and Wallmannstahl Central. A portion of Buffelsdrift is used as grazing land for game by the Bewarea hunting club. Three portions of land in Wallmannstahl West were handed-over to the community, i.e. Avenues one, Avenues two and Avenues three. Wallmannstahl East is in the process of being completed, while the central area is used by the South African National Defence Force (SANDF).

B. TERMS OF REFERENCE

The land claim of the Wallmannstahl community was registered in 1994, however it has not been resolved since then. The Portfolio Committee on Defence received numerous requests for intervention from the claimants and decided to send a three-member team [Appendix A] to do an on-site visit of Wallmannstahl.

C. MAIN FINDINGS

The following findings were made:

1. There is a communication gap between the Department of Public Works (DPW), Department of Land Affairs (DLA), the Department of Defence (DoD) and the community, which was a major reason for the claims process not being finalised.
2. The DoD’s motivation of ‘strategic purposes’ to retain the contested land was viewed as a smokescreen by the community.

D. BUFFELSDRIFT

The Bewarea club built a fence that cuts across the land that was at the centre of the claim. The chairperson of this club is Mr George Meiring, the former Chief of the SANDF. There was also an electricity sub-station and electrical pylons on the land. According to the claimants, Escom wanted the area under the electric wires to be a no-go area, but the community is convinced that it could be used for grazing. They agreed, however, that the area should not be used for housing.

Mr Schalkwyk of the Department of Land affairs (Appendix C) confirmed that the fence was erected to protect the power line and that the servitude was registered. He added that there should be no interference with the power station. This was acceptable to the claimants. Mr Schalkwyk also stated that Buffelsdrift was handed-over to the claimants and that the Bewarea club will be requested to remove its fence, which was used to control the movements of the game.

E. WALLMANNSTAHL WEST

This area was not contested, because three portions were handed over to the community.

F. WALLMANNSTAHL EAST

The DoD agreed to hand this area to the claimants. The claimants are however waiting for the DLA to remove the white squatters from the land, before they occupy the land. The size of the area is about 400 hectares and it included the Pienaars River, which is the main source of water for the farming community.

G. WALLMANNSTAHL CENTRAL STRIP

The DoD used the strip of land (approximately 400 hectares) to connect the Wallmannstahl Main Ordnance sub-depot with its training area, i.e. the Piet Joubert military base. The fence that was erected by the DoD forced the claimants to redirect their cattle approximately 11,5 km to reach the Pienaars River for drinking water. The claimants stated that this strip of land was published in the government gazette as a land claim, however the DoD has not yet released the land, which the DoD argued is of ‘strategic importance’, i.e. as training and storage of equipment.

The claimants and the DoD were in the process of concluding an agreement, but the dispute was that the DoD wanted to fence the 400 hectares in. The claimants were prepared to allow the DoD to use the current road as a corridor, but not the whole 400 hectares, so that the two military areas could be linked. This corridor should not be fenced in, so that the claimants could have access to the river for their cattle.

H. RECOMMENDATIONS

1. The DoD should make an assessment to determine whether they really need the strip of 400 hectares for strategic purposes or whether the access road would be sufficient to link the different military areas.
2. The remaining snags (e.g. squatters and fences) should be addressed by the department of Land Affairs, so that the Wallmannstahl community can return to the land.

Report to be considered.

APPENDIX A - DELEGATION

1. Mr SB Ntuli - ANC (Delegation leader)
2. Mr OE Monareng - ANC
3. Mr VB Ndlovu - IFP
4. Mr G Campher - Committee Secretary

APPENDIX B – ABBREVIATIONS

ANC - African national Congress

DLA - Department of Land Affairs

DoD - Department of Defence

DPW - Department of Public Works

IFP - Inkatha Freedom Party

SANDF - South African National Defence Force

APPENDIX C - PARTICIPANTS

1. Mr S Maponya - Treasurer : Wallmannstahl Claims Committee
2. Mr BP Motswenyame - Chair : Wallmannstahl Claims Committee
3. Mr KW Mmoledi - Member : Wallmannstahl Claims Committee

1. Brig. Gen BJ Moerane - Director : Facilities Support Management
2. Brig.Gen E Navratil - Director : Facilities
3. Col JP van Heerden - Defence Fixed Assets
4. Lt-Col SB Ramokgadi - Acting Officer Commanding : JSB Wonderboom

1. Mr FX Mbuli - Deputy Director : Land Reform

1. Mr CJ Schalkwyk - Director : State Land Management
2. Ms N Khuswayo - Land Commission
3. Ms J Molefe - Land Commission
4. Mr B Mphela - Regional Land Commissioner

(North West & Gauteng)