E/CN.4/2006/78/Add.2 page 12 number of human rights issues have appeared. This results from several unresolved problems. At the time the claim was filed, the local San community allowed San people from other parts of the country to join their organization, a situation which eventually led to a split and division within the newly formed CPA between the “traditionalists” and the “modernizers”. 41. According to the information received by the Special Rapporteur the efficiency of the CPA in managing the development challenges is questioned. The government departments responsible for the projects allegedly did not provide the promised assistance nor delivered the required social services to the community. Abuses by the local police were also reported as well as the lack of access to justice services. 42. The Special Rapporteur met with representatives of the Khomani San community, including the traditional leadership, which spearheaded the original land claim, and visited the lands they had received under the claim. He heard their complaints and saw that indeed the land was not being put to productive use. The SAHRC finds that there currently exists a situation of disarray among the Khomani San people who benefited from the land claim process and a situation of incoherent management of the Kalahari land. The Commission concludes that, despite the great deal of effort which went into the planning and achievement of a successful land claim, the implementation phase failed to initiate a process of sustainable development, to protect basic human and other rights of the land claim beneficiaries. It recommends that the Khomani San Development Strategy be implemented by the Local Municipal Council without delay. The Special Rapporteur strongly supports these and other recommendations made in the Commission’s report and agrees that this has been the result of a sad story of neglect. He expects the Government to take up the challenge without delay, so that the Khomani San’s land claim can become, in the words of their traditional chief, an area that would exist for “years and years and for all my children and their children”. 43. Another major event concerning the indigenous peoples’ claims to land was the landmark court victory for the Nama people of the Richtersveld. The Namas demanded the fulfilment of their land rights over a mineral and much exploited area. After a lengthy process, the Supreme Court of Appeal eventually acknowledged that the Nama lost their land before 1913 - year of the Native Land Act - on the basis of racial prejudice and administrative action, and stated that the principle of restitution should apply. 44. While there is no systematic study of the land needs of the indigenous peoples of South Africa, under existing legislation a number of successful land claims have been completed, leading to restitution and the opening up of new economic opportunities for a number of indigenous communities. Yet much remains to be done. C. Administration of justice 45. Within the framework of such land claims a number of incidents between the Khomani San and the local police force have been reported. Individual policemen have been implicated in abuses against the San and cases of torture and harassment have been documented. One San community member, Optel Rooi, was fatally shot by a policeman under unexplained circumstances in January 2004 and the Special Rapporteur was informed that the alleged culprit had not yet been successfully prosecuted.