Illegal sale of state land restricts free access to sea

Recent spatial developments in the Western Cape have been planned such that social space is allocated according to class, with the bulk of prime space allocated for the rich, an act that consciously marginalises the poor.

Owing to this, indigenous communities in the coastal region between Gouritsmond and Stilbaai have fallen prey to social planning practices that are designed to reproduce the class structure.

As beacons along the coast confirm, there were strips of state land between the high-water mark and the southern boundaries of farms. These strips of land are referred to as "Admiralty Reserve" or "Government Reserve" and are areas under contention.

The statutory origin of the Reserve in the Cape can be traced back to the last century. In terms of the State Land Disposal Act 48 of 1961, the government was obliged to reserve a strip of land 200 feet in width to the coast.

For a period of 53 years, between 1879 and 1932, land surveyors were required to lodge supporting red-line reports or diagrams supporting their surveys. These were especially important when their surveys did not agree with the beacon positions on the original diagrams.

These red-line reports have become the basis on which indigenous communities have been alienated from the Admiralty Reserve, with the land sold unlawfully.

These portions of land reserved for public use are now, in many cases, awarded to private owners because red-line diagrams are used to narrow the gap between southern beacons and the high-water mark of the sea. The land which belonged to the state is now being allocated to private owners.

The use of the red-line diagrams has resulted in many problems. Legitimate servitudes registered on deeds are now subordinate to the diagrams, leading to the marginalisation of indigenous people of the region.

The developments have also resulted in farms being cut off from their water supply and their access to the sea. Access roads to the sea which used to pass through some farms have been closed suddenly.

This move by the Western Cape government has resulted in unnecessary controversy and confusion within affected communities as some owners are now claiming portions of land that are not reflected on their deeds.

Also, houses have already been erected on state land, for which no plans were approved. These have appropriated corridors for water, rest places for livestock, wasteland and other land.

The red-line diagrams were used to correct errors in the original survey of the land. They were not supposed to alter or replace the original diagram.

The public no longer has access to the coast, which is a natural heritage that ought to be enjoyed by all. The province is seeking to legitimise a process that is not only morally reprehensible but is also illegal.

The Integrated Coastal Management Act 24 of 2008 aims to, among other things, grant the public undisturbed access to the coast and the opportunities it offers.

The Western Cape epitomises the struggles that emanate from capitalism which, as David Harvey in the book titled The Condition of Postmodernity puts it, has shaped the history of territorial organisation, colonialism and imperialism, of uneven development, of urban and rural contradictions.

The reality is that capitalism has expanded its influence beyond the working life of the indigenous people of the Western Cape. It is now striving to control the spaces within which their history is grounded and their identity constructed; illegally.

Dlodlo is a member of the ANC NEC and MP for the Bitou constituency in the Southern Cape

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