In October 2019 the Nelson Mandela Foundation hosted a roundtable on the theme ‘The Origins of the Ingonyama Trust and its implications for the future of Land Reform in South Africa.’ Following from that discussion, the Nelson Mandela Foundation, the Public Affairs Research Institute and the Land and Accountability Research Centre will hold a seminar to engage on, and consider in more depth issues that arose from the discussion.
Chief amongst these subsequent issues is that of the finances and financial management of the Trust’s assets, and whether these benefit the Trust’s beneficiaries namely, “the members of the tribes and communities” living on land vested in the Trust, as required by the legal framework governing the Trust.
Questions to be considered in the seminar:
The Ingonyama Trust Act, related legislation and regulations place very clear obligations on the Trust and ITB to improve the material welfare and social wellbeing of its beneficiaries. To what extend does this happen in practice? How has the ITB attempted to circumvent these obligations over time?
Issues to be dealt with in the seminar:
- What are the Trust’s legal and financial obligations towards its beneficiaries?
- Where does the Ingonyama Trust Board fit in?
- What impact has the operations and administration of the Trust had on the land rights and livelihood of its beneficiaries?
- Has the Ingonyama Trust Board succeeded or failed to ensure that the land vested in the Trust is administered for the material welfare of its beneficiaries? How has the Board attempted to circumvent accountability for compliance with its constitutional and legislative obligations?
- What is the experience of people living on land administered by the Trust where the ITB had, or attempted to, conclude income generating contracts without the consent of rights holders?