The Bakgatla Ba Kgafela Communal Property Association (BBK CPA), established under the Communal Property Associations Act 28 of 1996, represents a claimant community of approximately 3 461 verified households. Various land claims lodged in 1998 were partially settled through a written settlement agreement concluded on 30 August 2006 in terms of sections 14(3) and 42D of the Restitution of Land Rights Act 22 of 1994. Under the agreement, certain land was restored to the community to be held by the BBK CPA, while land falling within the Pilanesberg Nature Reserve would remain a protected area. The agreement provided for (a) financial compensation of approximately R29.5 million for loss of use and enjoyment of land within the reserve, and (b) development-related grants totalling approximately R44.9 million. In 2021, the BBK CPA approached the Land Claims Court seeking declaratory relief that the Department of Rural Development and Land Reform owed it a total of R74 444 882.20 and directing payment with interest. The State respondents accepted in principle that the amounts were payable but raised concerns regarding to whom payment should be made, the purposes for which the funds could lawfully be used, and whether requisite approvals and resolutions had been properly obtained. Significant procedural deficiencies emerged, including that some statutory approvals under section 42D had not been obtained when the settlement agreement was concluded.