The forced removal of people from their land is among the litany of stains that characterise South Africa’s apartheid history. Following the end of apartheid, South Africa embarked on a land reform process that continues to this day, expressed through various legislation led by the 1994 Restitution of Land Rights Act.
Among the thousands of communities dispossessed of their land during apartheid was the Makuleke people. Prior to 1969, the Makuleke possessed approximately 25,000 hectares of land bordering modern day Zimbabwe and Mozambique, with 80% located inside the Kruger National Park, itself established in 1926. In August 1969, the Makuleke were forcibly removed from their land.
Following the end of apartheid, on December 20, 1995, the Makuleke lodged a claim for the return of the land taken from them in 1969. The claim marked the beginning of a process that has culminated in a world-leading case study of cooperation and sustainable community development.
An agreement that promoted both community and conservation interests
The Makuleke land claim was unique at the time because it was the first case in South African law where competing interests needed to be reconciled in a single land claim. To settle the claim, South African National Parks (SANP) and the Makuleke community agreed to work together to find a mutually beneficial solution.
On 30 May 1998, two-and-half-years after the original claim, the Makuleke community and SANP signed an agreement which restored the ownership of the land to the community, with a Joint Management Body (JMB) appointed to conduct overall management of the area. The purpose of JMB saw the SANP remain responsible for overall conservation activities while commercial activities in the area were the responsibility of the community. The Makuleke Communal Property Association (MCPA) was established to serve this purpose.
Webber Wentzel began working with the Makuleke community in 1998 on a pro bono basis, and with the relationship between the community and Webber Wentzel ongoing to this day.
The rise of The Outpost and diversification into commercial agriculture
Twenty-seven years have passed following the agreement between SANP and the Makuleke community. In that time, the community, with the assistance of SANP and partners such as Webber Wentzel, established two ecolodges – The Outpost and Return Africa – plus an ecotraining facility.
The lodges employ approximately 101 people from the community, while a further five people are employed by the ecotraining facility, directly and indirectly benefiting hundreds of dependents within the Malukele community. Separately, The Outpost has been named among the 50 most romantic hotel stays worldwide by a leading travel publication while 99% of staff at The Outpost, Return Africa and the ecotraining facility are sourced from Malukele community.
Separately, by 2001, the MCPA had laid the foundations for a 12 hectare commercial banana farm operated on Makukele land outside the confines of the Kruger National Park. The farm employs over 230 people from the community. In support of the banana plantation, the community further constructed a canal that channels water from the Makukele Dam.
The Makuleke land claim and later successes is an exhibit of sustainable development we are very proud to be associated with as Webber Wentzel. One hopes that in time, case studies such as the Makuleke community become more common as South Africa’s land reform process moves into its sunset era.
Crucial to the success of such projects is for partners to help fill knowledge and skills gaps so that the potential of communities such as the Makuleke are fully realised.
Ayanda Khumalo is a Partner at leading South African law firm Webber Wentzel
