STRATEGIC REVIEW AND PLANNING

LAND CLAIMS & ASSETS MANAGEMENT DIVISION

SFT together KLV Amandebele Foundation Trust is a community driven company which intends to conduct its business through economic utilization of the property which belongs to some three identified monarchy’s  in the country.

THE MANDATE

The first mandate of KLIP is to execute all the powers and duties which has been transferred to it by King Litho V development trust and any other agreements entered into between King Litho V development trust and any other agreements entered into between the King Litho V and other specific individuals.

MODUS OPERANDI

  • The division intends co collates all title deed belonging to the three monarchies as well as the historical information relating thereto.
  • To obtain original copies of the title deeds and to verify the endorsements made on these title deeds and to determine in whose name the title deeds have now been registered.
  • To determine the effect and impact on all the titled deeds held by the three monarchy’s of the Land Act of 1913, The Land Restitution Act of 1994, The Traditional Leadership Framework Act, The Communal Property Association Act, of 1996, as well as regulations and Policies published under those Acts on the properties held by such monarchy’s.
  • To determine to what extend the three monarchies have been dispossessed of their rights to the properties held by them and to ascertain to what extend the Land Restitution Act is applicable to such land.
  • To retrieve, peruse and analyze judgment passed and all agreements entered into in respect of the properties held by the three monarchies and to determine the effect thereof on the rights of the monarchy’s to such land.
  • To make follow up in respect of pending land claims which have been lodged by the three monarchy’s in respect of their land with the Land Claims Court or Regional Land Claims Commissioner.
  • To negotiate and enter into agreement with the Department of Land Affairs, Communal Property associations and present occupiers of land which belongs to the three monarchies. 
  •  To prepare, draft legal documents and enter into negotiations in respect of the properties held by the monarchy’s so as to enable SFT to turn such land into viable, efficient  economic and effective business driven projects      

The purpose of this document is to review and strategically plan the work of the Property and legal division in relation to the following:

  • Understanding the composite of the legal mandate of KLV AFT nationally.
  • Aligning governance and implementation mechanisms to the mandate.
  • Designing programmes and activities in line with the mandate.
  • Allocating resources in accordance with the mandate.

LEGAL MANDATE

  • It is important that SFT and KLIP must have a clear and unambiguous written legal mandate from the holder of property rights or from any person to whom such mandate was legally granted.
  • Both the Constitutional act and the Land Restitution Act are key to KLIP in order to execute its legal mandate.

How does the property legal division fulfill/carry out its mandate?

  • All legal matters must be performed diligently, correctly and without delay.
  • Approach the mandate in a holistically, contextual and purposive way.
  • Interpretation and understanding of Land Claims, land claim lodged with the Land claims Minister and not yet granted, and land claims granted with the Land Claims Commissioner. Land claims lodged with the Land Claims Court, and those who have been granted by Land Claims Court.
  • Streamlined working relationship with other institutions and department of land affairs.
  • Monitoring and analysis of court decisions from a land claims and constitutional perspective.

DESIGNING PROGRAMMES AND ACTIVITIES IN LINE WITH THE MANDATE

THE Property and Legal Division intends to engage in the following activities in order to execute its mandate:

  • Obtain all official records and background information regarding the kingdom of the Amandebele since king Litho the third.
  • Obtain and peruse treaties and agreements and legislation regarding the acquisition and dispossession of land belonging to the Amandebele kingdom
  • Obtain all records and files of land claims lodged by the kingdom.
  • Check the status of each file and categories them accordingly.
  • Proceed with steps to finalize the pending land claims both in the land Claims Mission and in the Land Claims court.
  • Furnish legal opinion to KLV AFT in respect of all land claims.
  • Draft all contracts on behalf of KLIP
  • Institute and defend all legal actions for and on behalf of KLIP
  • Check and verify the validity of all contracts entered into between KLIP and other instances.
  • Give legal advice to all the units of the company.
  • Attend all meetings together with the CEO or the president where legal issues might be an issues
  • Give legal advice to cooperate governance.
  • Draft legal mandates and contracts of cooperation between SFT/KLIP and funders and investors.
  • Acquire services of legal experts in matters of serious impotence to SFT/KLIP
 

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