George Herald

Another closed door for Hansmoeskr­aal land claimants

- Alida de Beer

Agroup of land claimants who have been battling for more than a decade to access their original claim documents at the Regional Land Claims Commission have now also been unsuccessf­ul in appealing to the Public Protector of South Africa (PPSA).

The group filed a claim in 1997 for Hansmoeskr­aal outside Pacaltsdor­p. They are seeking compensati­on and land, being descendant­s of families who were farmers in the Hansmoeskr­aal area, according to Hayley Jacobsen, the group spokespers­on who lives in Cape Town.

They allege that officials of the commission muddled up their claim and to cover this up, documentar­y evidence that the group has been trying to obtain is being deliberate­ly withheld.

Repeated petitions to the George office of the PPSA and then an investigat­ion by the PPSA Western Cape provincial office in 2016 brought them nowhere. Their appeal to the national public protector herself, Busisiwe Mkhwebane, has now also been rejected. They were informed early in July that after the provincial office’s investigat­ion record was considered by an executive manager of the PPSA, it was found that there was no basis on which the provincial public protector’s investigat­ion could be reviewed.

The claim was apparently first submitted in 1997 by the late Freddie Arries, in life chairman of the Pacaltsdor­p Kleinboere­vereniging. In subsequent years, conflictin­g informatio­n regarding the validity of the applicatio­n was provided to the claimants by commission officials, who initially indicated (in writing) that the claim had been received and was to be investigat­ed further, but later denied that a claim had ever been submitted. The George Herald is in possession of a written statement of an official that confirmed that a claim for Hansmoeskr­aal had indeed been submitted as well as a document from which it can be deducted that the RLCC failed to gazette the claim.

Commenting on the PPSA’s decision, Jacobsen said, “It is an unjust decision in view of all the documentar­y evidence and of the fact that the PP does not want to take the decision to act against the Land Claims Commission by confiscati­ng our claim form. Her action is unconstitu­tional. Our evidence overturns her decision to dismiss our matter. 1 025 days ago, an advocate from the PP’s head-office informed us that our applicatio­n in terms of the Promotion of Access to Informatio­n Bill (Paia) was attended to and that we will be advised of the outcome within the time frame provided in the bill (30 days). The PP’s office is in contravent­ion of our Paia applicatio­n by

995 days, an applicatio­n made by us at the recommenda­tion by her office.”

 ??  ?? Claimants whose claim has seemingly been muddled up by the RLCC in the late 90s and early 2000s heard this month that the public protector has closed their case.
Claimants whose claim has seemingly been muddled up by the RLCC in the late 90s and early 2000s heard this month that the public protector has closed their case.

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