Constantia land restitution claim settled by Department of Transport and Public Works: Statement by Robin Carlisle, Western Cape Minister of Transport and Public Works

12 Feb 2014

On 4 February 2014, the State Attorney registered the transfer of land from the Western Cape Government to the national Department of Rural Development and Land Reform, as part of an approximately 2.0779 land restitution claim, for the effective transfer back to the claimants and rightful owners, the Kherekar family.

We are very proud to see this process come even closer to conclusion and to have played a part in having the dignity of the Kherekar family restored. The Western Cape Government remains committed to affecting the transfer of provincially owned property to those that were so wrongly dispossessed during apartheid, under the Group Areas Act of 1957 where Constantia then fell under the ‘White Group Area'.

This claim comprises of:

1.  Unregistered Erf 5786, Constantia, comprising of Erf 5797, Constantia, measuring 6098 m/sq situated at Conmead Road, Meadowridge.

2. Portions 64, 65, 67, 69, and 70 of Farm 1092, Constantia, measuring approximately 1.4386 hectares also situated at Conmead Road, Meadowridge.

The Provincial Cabinet, by resolution on 29 February 2012, approved the release of remainder Erf 5786, Constantia, on the following conditions:

• Approximately 2.0779 hectares of unregistered Erf 5786, Constantia (Comprising of Erf 5797, Constantia (Lot 7) Portions 69 and 70 of Farm 1092 (Lot 8), Portions 64 and 65 of Farm 1092 (Lot 9), and Portion 67 of Farm no. 1092, Constantia) be transferred free of charge for the purposes of land restitution to the Department of Rural Development and Land Reform, for the specific purpose of settling the land restitution claims of the Kherekar family.
• Should approximately 2.0779 hectares of the aforementioned property, for whatever reason, not be transferred to the claimants by the Department of Rural Development and Land Reform, it must revert back to the Provincial Government of the Western Cape at no cost or remuneration. This condition will be registered against the title deed upon transfer of the property to the Department of Rural Development and Land Reform. Transfer must be affected to the claimant within 2 years from the date of transfer.
• The aforementioned property will be transferred to the Department of Rural development and Land Reform with the current zoning.
• The Department of Rural development and Land reform will be responsible for all costs (subdivision, rezoning, surveying, etc.) incidental to the transfer of the property and will not have any right of recovery of such costs against the Provincial Government of the Western Cape should the property revert back in terms of the reversionary clause.

The Western Cape Government is working towards settling all of its land restitution claims (Flandorp family's Milnerton claim, Solomons' family Sillery claim, and now the Kherekars) and remains committed to our mission of fulfilling our redress and reconciliation mandates, together with that of service delivery. In doing so, we will continue to avail provincially owned land for the purpose of restitution to legitimate claimants that were so wrongly deprived of their ownership rights by the Apartheid regime of systematic oppression.

Statement issued by Minister of Transport and Public Works, Robin Carlisle, February 13 2014

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