Update on the Broederstroom land claim
Open Letter By Broederstroom 26778 Land Claim Action Group (LCAG)

A single land claim may embrace many individual properties. Thus it is that the land claim, known for convenience as the “Broederstroom” land claim, actually embraces some 650 individually owned and registered properties in the areas of Broederstroom, Leeuwenkloof, Hartebeeshoek (498 JQ and 502 JQ), Welgegund, Petit Mont Rouge, Kafferskraal, Praetors Ride, Weldaba, and Opelugmuseum in the North West Province. This huge single claim, lodged by the Mekgareng Community, is estimated to cover over 18000 hectares and stretches more than 33 kilometres from the Pelindaba nuclear site in the east to the Hartbeeshoek satellite tracking station in the west.
The width of the claim, at the widest point, is over 6 kilometres. Following the gazetting of the Broederstroom land claim (Government notice 26778 of the 17 th September 2004) a number of landowners came together to discuss the matter and it was agreed to formulate a combined response in the interests of mutual support, efficiency and cost saving (early on it was recognised that the costs of defending the claim would be up to the individual landowners).
Subsequently the landowners formed an organisation, the “26778 Land Claim Action Group” (LCAG) . A constitution was developed, a committee was elected, a legal team was appointed, specialists were commissioned and systems (including a web-site for the benefit of members) were put in place. In addition, resources were organised with the objectives of establishing the validity of the claim, of understanding the legal ramifications, of responding appropriately to the claim (“accept” or “reject”) and of defending the matter in court if and when it became necessary. Membership (on certain conditions) of LCAG is available, on application, to owners of portions/subdivisions of the affected farms. For information with regard to the unfolding ‘month-to-month’ legal processes and the precise situation at any point in time it is necessary to refer to the periodic newsletters issued by LCAG. These are available, together with much other information, on the LCAG website:- www.broederstroomlandclaim.co.za.
The Mekgareng Community is NOT claiming the land on the basis that it was ever registered in their names and that they “owned” it. They are claiming it on the basis that they had certain beneficial rights in matters such as the grazing of livestock, collection of muti, worship, burial, khaya construction etc. Typically such benefits might have been granted by an owner of land (say a farmer) to tenant labourers. Since May 2005 the LCAG committee, guided by the legal team, has been of the opinion that the community claim lodged by the Mekgareng Community is NOT valid and that they are NOT entitled to any restitution of rights in land.
Our position is premised on expert witness reports which include both aerial photography as well as archaeological reports. This opinion has been made known to the authorities (The Regional Land Claims Commissioner) and to the claimants. The LCAG has been ready to go to trial since 2006. LCAG has, for the past 19 years, been engaged in continuous action to bring the matter to trial. The LCAG attempted to force a pre-trial conference in early 2019 which has been frustrated for 3 years by some of the 23 odd respondents and interested parties claiming to not be ready to go to pre-trial.
Our efforts have at long last been rewarded as a number of pre-trial conferences were convened in 2024 and a final pre-trail conference has been set for 23 January 2025. At this conference a court date should be set and we will have finally our day in court, hopefully before mid 2025.
On 18 January 2025 at 10:00 a critical Special General Meeting of the LCAG members has been called. It will be held at the Allengeni Wedding and Conference Venue (L59 along the Hartebeeshoek Road. At this meeting LCAG members (there are 243 members representing 283 sub-divisions) will be called upon to vote on whether non fully paid-up subscription members will be included within the LCAG membership by our legal team at the court case. Landowners that are not represented by the LCAG legal team have 3 options: a) Do nothing and wait for the court ruling. In accordance with the Act, taking no action implies that they accept the validity of the claim and agree to it being offered for restitution to the claimants. b) They appoint attorneys to defend the land personally. c) They become a LCAG member and pay the required membership subscription. We appeal to LCAG members to please review their notices to ensure that they are fully paid members and that their contact/property details as provided are accurate.
A list of LCAG member properties is available upon request from Pedro Carvalho (accounts@broederstroomland claim.co.za or contact number 0823370203.
General background to land claims in South Africa Land claims are legislated according to the Restitution of Land Rights Act 22, 1994 and amendments thereto. In summary the objectives of the Acts are:- To provide for the restitution of rights in land to persons or communities dispossessed of such rights after 18 th June 1913 as a result of past racially discriminatory laws or practices. The Acts makes provision for compensating claimants either with the actual land itself OR with alternative land OR with money OR by a combination of such alternatives. It is important to note that it is the Government, and NOT the land owner, that has to provide the compensation. Where the Land Claim Court determines that the claimants are entitled to compensation and that the compensation is to be the actual land itself, then the Government has first to acquire the land from the current owners. The Restitution of Land Rights Act set a claim cut-off date of 31 December 1998, and some 80,000 claims were lodged. Around 7,000 of these claims (the “Broederstroom land claim” being just one) were still unresolved at January 2025.In July 2014 the Restitution of Land Rights Amendment Act was passed. This act re-opened the land claim process and provided a window, until the end of June 2019, during which further land claims could be lodged.
The legality of the Restitution of Land Rights Amendment Act was, however challenged and, in July 2016 (two years after it was introduced), found to be invalid by the Constitutional Court which, in a confusing judgement directed that outstanding claims from the previous window period (ended 31 December 1998) must be dealt with preferentially within two years (i.e. by August 2018). New claims (+-120 000) received in the period June 2014 to July 2016 must be registered but not processed any further.
Broederstroom land claim meeting
Broederstroom residents affected by land claims are urged to attend a special general meeting of the Land Claim Action Group on 18 January to discuss the way forward.
The meeting will start at 10:00 at Allengeni Wedding and Conference Venue (L59 along the Hartebeeshoek Road).
In preparation for the upcoming hearing, members must deliberate on the state of finances and the current member base.
During the meeting the land claim will be reviewed and members will be updated on the land claim process. A finance update will be given and the committee will share the background to the proposal regarding financial criteria linked to membership.
A vote on proposal will take place and the road ahead discussed.
No virtual access to the meeting will be available and members must attend in person or appoint a proxy. Per the 26778 LCAG Constitution, all proxies must reach the committee 24 hours before the meeting. No Proxies delivered on the day may be considered.