Demand for Equal Land Rights (ULTRA)

To: The Land Surveyor General, Republic of South Africa

Date: June 21, 2025
Subject: URGENT DEMAND FOR IMMEDIATE PRIORITISATION OF LAND SURVEYING AND TENURE UPGRADING IN WILD COAST DEVELOPMENT NODES (e.g., Coffee Bay and Hole in the Wall) – FAILURE TO ACT WILL LEAD TO CONSTITUTIONAL COURT ACTION

Dear Land Surveyor General,

This letter serves as an urgent and unequivocal demand for the immediate prioritisation of comprehensive land surveying in the designated 'development nodes' of the Wild Coast, including, but not limited to, Coffee Bay and Hole in the Wall. The persistent neglect of proper land administration in these areas, stemming from historical injustices and systemic failures, has resulted in profound developmental paralysis and severe socioeconomic repercussions for local communities.

The Paralysis of Insecure Land Tenure: The Wild Coast, particularly and the former Transkei homeland in general, has been plagued by insecure land tenure for centuries, a direct legacy of segregation and colonialisation. The discriminatory 1913 and 1936 Land Acts reserved only a small fraction of national land for Black South Africans, introducing inferior land titles such as "Permissions to Occupy" (PTO) certificates, 99-year leaseholds, and customary rights that could be administratively revoked. Even after 1994, much of this land remained under "Tribal Trust," denying residents legal ownership.

A critical turning point was the destruction of the land administration system across all 26 districts of rural Transkei in 1996 by the national government. This created a significant vacuum. Consequently, crucial laws such as the Upgrading of Land Tenure Rights Act (ULTRA) of 1991, various quitrent proclamations (e.g., Proclamations 26 of 1936, 174 of 1921), and rural planning laws, have either remained unrepealed but unadministered, or inapplicable in Transkei. This legal and administrative void means that "absolutely nothing happens" in terms of land tenure-related development, and no department, municipality, or land-right holder possesses legal authority over land tenure. As a direct consequence, King Sabata Dalindyebo Municipality, for example, cannot legally transfer communal land to develop Coffee Bay into a thriving town.

Consequences: Land Grabs, Abuse, and Loss of Commons: This ongoing neglect has led directly to a series of detrimental outcomes:

• Widespread Land Grabs and Illegal Allocations: The vacuum in land administration has been filled by "illegal and corrupt land allocation by both criminal chance-takers but also by some traditional leaders". This includes incidents and allegations of bribery and corruption, leading to a "massive land grab about to happen in South Africa," explicitly mentioned as occurring at Hole in the Wall and other coastal areas.

• Exploitation by Traditional Leaders: Without secure individual tenure, communities are vulnerable to exploitation. Traditional leaders, or politically aligned ward councillors, have been accused of engaging in investment deals on communal land without proper community consent or accountability. There are reports of traditional leaders acting as directors of mining companies while claiming sole authority to represent communities, even those who oppose such ventures. They have also reportedly obtained interdicts to prevent community meetings and denied certification of residence, effectively using their position as a "mechanism of control" for the "ruling elite".

• Loss of "Commons" and Grazing Land: The insecure land tenure undermines community ownership, leading to situations where valuable communal resources like grazing land are lost without recompense, as was noted in the context of the Xolobeni mining issue. The system forces communities into state or private partnerships, making them "vulnerable to exploitation and manipulation" by powerful entities seeking private capital gain from land and natural resources, often without the promised reimbursements reaching the communal land dwellers.

The Decisive Action Required: Immediate Surveying and Conversion: From the perspective of local residents, the "highest priority is for development nodes to be surveyed, and all PTOs converted to Freehold in accordance with Act 112 of 1991". This action is not only long overdue but now critically actionable:

• The Upgrading of Land Tenure Rights Amendment Act, 2021 (Act No. 6 of 2021), which addresses the unconstitutionality and inapplicability of the original ULTRA (1991) in former TBVC states, came into operation on June 1, 2024. This landmark development means the legal framework is now firmly in place to convert insecure tenure rights into legally secure ownership.

• Section 2(1)(c) of Act 112 of 1991 states that any surveyed piece of land not part of a township shall be converted into ownership, vesting with the holder of the land tenure right immediately before conversion. The necessary entries and endorsements are to be made by the registrar of deeds, with no transfer duty or other fees payable.

• This conversion to freehold, enabled by proper surveying, is crucial for unlocking "free market principles" to drive tourism development, create capital, and empower local residents to become "land-rich millionaires virtually overnight". It promotes "bottom-up, reality scaled innovation and entrepreneurship" instead of failed top-down macro-economic plans.

• It is a fundamental step towards fulfilling the constitutional obligation under Section 25(6) and (9) to ensure legally secure tenure for persons or communities dispossessed by past racially discriminatory laws.

Demand for Action and Warning of Escalation: Given the severe and protracted negative impacts of insecure land tenure, the recent enactment of the Upgrading of Land Tenure Rights Amendment Act, 2021, provides an unprecedented opportunity and legal imperative.

Therefore, we demand that the Land Surveyor General initiate and complete the surveying of all development nodes along the Wild Coast, including Coffee Bay and Hole in the Wall, as an IMMEDIATE priority. This action is essential to formalise land unit boundaries and enable the conversion of existing Permissions to Occupy (PTOs) and other inferior tenure rights to full Freehold ownership, thereby empowering communities, curbing land grabs, and unlocking sustainable development.

In addition to the paramount demands for constitutional land rights and immediate action to bring the Wild Coast (Transkei) onto legal land ownership parity with the rest of South Africa, the request to preserve "commons," specifically the hillside to the west of the Mpako River at Hole in the Wall, is critically aligned with the region's environmental and socio-economic well-being

• The Importance of "Commons" and their Vulnerability:

◦ The Wild Coast has historically functioned with a concept of land as a "common communal resource". However, insecure land tenure, a legacy of colonialisation and segregation, has led to a vacuum in land administration since 1996.

◦ This administrative void has unfortunately been exploited by "illegal and corrupt land allocation by both criminal chance-takers but also by some traditional leaders," leading to a "massive land grab about to happen in South Africa". This includes incidents and allegations of bribery and corruption, specifically mentioned at Hole in the Wall and other coastal areas.

◦ The insecure tenure undermines community ownership, leading to the loss of valuable communal resources like grazing land, making communities "vulnerable to exploitation and manipulation" by powerful entities seeking private capital gain from land and natural resources.

◦ The indigenous law system emphasizes community ownership, reflecting the ubuntu philosophy, and this should lead to direct benefits for the people.

• Preserving the "Sense of Place" at Hole in the Wall:

◦ Hole in the Wall is described as one of the "most uniquely beautiful locations on earth" and an "undeclared World Heritage Site of 'Outstanding Universal Value'". Its "Sense of Place" is derived not only from the unique natural arch rock formation but also from the "peaceful surrounds comprising rolling green hills, indigenous milkwood forest, river valley grasslands and the Mpako River itself".

◦ The local municipality's Integrated Development Plan for 2017-2022 explicitly mentions Hole in the Wall as a Heritage Site (though undeclared) no fewer than seven times and warns of the dangers of uncontrolled developments, stating it must be declared a Heritage Site.

◦ Concerns have been raised about the "jarring intrusion" of inappropriate developments, such as the proposed tarred roadway, widened and extended to the hillside overlooking the attraction, impacting the "secluded, peaceful and free natural environment"17. Such developments would have a "hugely negative socio-economic impact by cheapening and commoditizing the attraction solely for day-tripper busloads and vehicles," providing "zero to very negligible economic benefit to the community" while paving the way for "further inappropriate developments".

◦ Past attempts by the Department of Economic Development, Environment and Tourism (DEDEAT) in 2006 (and approximately 10 years prior) saved this specific hillside from hotel development. An attempt was made a year before the 2019 article to get DEDEAT to demarcate this hillside as a no-go area for development to protect its unspoilt beauty for future generations.

◦ Instead of large-scale developments that "indenture a few locals into wage-slave existence," there is a need for a framework that allows "small scale natural development".

◦ The environmental benefits of keeping the Wild Coast "wild" are acknowledged, and environmentalist groups discourage large-scale interventions like the N2 toll road and titanium mining, supporting the idea of upgrading infrastructure in select destinations without shattering the "wild" idea.

• How Surveying and Tenure Reform can Aid Preservation:

◦ The "highest priority is for development nodes to be surveyed, and all PTOs converted to Freehold in accordance with Act 112 of 1991". This is crucial because "secured ownership can only be achieved through the registration of property boundaries".

◦ Proper surveying would allow for the formalisation of individual land unit boundaries, distinguishing them from communal or public areas like the hillside at Hole in the Wall.

◦ The Upgrading of Land Tenure Rights Amendment Act, 2021 (Act No. 6 of 2021), came into operation on June 1, 2024, explicitly addressing the unconstitutionality of the original ULTRA in former TBVC states (including Transkei) and discriminating against women, thereby providing the legal framework for tenure conversion.

◦ This conversion to freehold, enabled by proper surveying, is seen as key to unlocking "free market principles" and empowering local residents, promoting "bottom-up, reality scaled innovation and entrepreneurship".

◦ While individual PTO holders should have the right to sub-divide and transfer their property, development should be restricted to the nodal model proposed by the Spatial Development Initiative (SDI) and the Wild Coast Tourism Development Policy. This implies that some areas, like the hillside commons, would fall outside these development nodes and remain protected.

◦ The existing 1km Coastal Conservation Area (CCA), carried over from the former Transkei Republic's Environmental Decree 9 of 1993, prohibits development within 1km from the high water mark. While this has prevented some illegal cottages, there is a current lack of control on customary land use and new unplanned dwellings within the CCA. DEDEAT needs to "engage urgently with the local headmen and chiefs to enforce these measures".

◦ Declaring the attraction and its surrounds as a National Heritage Site, with appropriate curation as a Nature Reserve, would create "long-term sustainable benefits for the local community and also minimise as far as possible the inevitable damage to the indigenous forest and surrounds".

In summary, the demand for surveying and tenure upgrading is not just about individual ownership, but also about creating a legal framework that can delineate and protect crucial "commons" like the Hole in the Wall hillside. This protection is essential to maintain the region's environmental integrity, foster sustainable, community-driven tourism, and prevent exploitation and land grabs, aligning with the constitutional mandate for legally secure tenure for all

Failure to act within a reasonable timeframe, for instance, within three (3) months of the date of this letter, will leave affected communities with no option but to conclude that the Office of the Land Surveyor General is unwilling to uphold its constitutional obligations. In such an event, we will be compelled to escalate this matter directly to the highest authorities in the country, including initiating further legal action at the Constitutional Court. It is well-established that rural communities have successfully asserted their constitutional land rights in the Constitutional Court, which has consistently ruled against practices that undermine secure tenure and perpetuate apartheid-era structures. We remind you that the Constitution obliges Parliament to ensure legally secure tenure for those dispossessed by past discriminatory laws. The continued withholding of existing individual land rights is immoral, unethical, illegal, and unconstitutional.