President Cyril Ramaphosa has signed into law legislative amendments that seek to provide improved protection of the rights of communities who are part of communal property associations.

President Ramaphosa has assented to the Communal Property Associations Amendment Bill which amends the Communal Property Associations Act of 1996 to provide for clarity on the objective of Communal Property Associations (CPAs).

The new law also provides for general plans for land administered by associations, for the establishment of a Communal Property Associations Office, and for the appointment of a Registrar of Communal Property Associations.

The Communal Property Associations Act applies to communities who acquired property through restitution by court order, in terms of the Restitution of Land Rights Act, 1994 (Act No 22 of 1994), or any law, provided that such communities form associations in accordance with the Act.

The law makes it clear that land will be owned by residents who are members of associations, and not by the associations themselves.

As amended, the Act seeks to overcome challenges experienced by the Department of Rural Development and Land Reform in implementing the Act over the years.

Challenges have included the abuse of power by persons elected to serve in committees of associations; the lack of authority of the state to intervene in affairs relating to communal property; and the department’s limited monitoring and oversight of associations due to a lack of capacity.