TNR Attorneys was approached by a Community Property Association (CPA) to review a long-term agreement affecting more than 1,000 hectares of land. The CPA, under its previous leadership, had entered into a notarial lease of over 100 years and signed a Memorandum of Incorporation (MOI) to govern relations between the parties and investors.

On review, it became clear that the agreement did not protect the rights of the CPA members. Instead, it placed the interests of investors, including a Special Economic Zone (SEZ) and other stakeholders, far above those of the community. The lease and MOI failed to provide fair benefits, skills development, or adequate socio-economic investment for the members who were most affected.

TNR Attorneys intervened and successfully challenged the arrangement. The notarial lease agreement was declared invalid, and the parties were required to re-negotiate terms that were fair and favourable to the CPA members. These included recognition of the members as local community participants for BEE purposes, fair rental payments, skills development and transfer, and socio-economic investment commitments from the investors.

The renegotiated outcome not only secured immediate benefits for the CPA members but also created long-term opportunities for empowerment and sustainable growth.

Today, the CPA continues to reap the rewards of the new arrangement and has retained TNR Attorneys as its trusted legal advisors for more than three years.