COMMISSION ON RESTITUTION OF LAND RIGHTS
Annual Report ending 31March 2007
As presented by
the acting Chief Land Claims Commissioner,
Ms, Tumi Seboka
Briefing to the Select Committee of the
National Council of Provinces
1 August 2007
Parliament
FOREWORD Minister for Agriculture and Land Affairs
• As at 31 March 2007, 74 417 claims have
been settled, which brings us to 93%
settlement of the 79 696 lodged claims.
• 1 650 851 hectares of land have been
restored.
• 100% of the R2,3 budget appropriated by
Parliament for Restitution had been spent.
• R2.1 billion had being spent on Restitution
awards, including the purchase of land and
financial compensation.
• Less than R300 million was spent on recurrent
costs
2
FOREWORD: Rural claims & related challenges
• We are entering the most difficult part of the
restitution process, where we have to settle
the outstanding 5279 rural claims.
• The challenges linked to the processing of
rural claims include the following:
• High land cost.
• Unsurveyed and unregistered land rights
3
FOREWORD: Rural claims & related challenges
• Protracted negotiations and claimant
disputes taken to the Land Claims Court.
• Community disputes and traditional
authorities.
• Incoherent land use practices and the
need for alignment of priorities, i.e.
communal and commercial land use
practices.
4
FOREWORD: Rural claims & related challenges
• In an attempt to address these challenges,
focused meetings are being held with the
various stakeholders, including current
landowners.
• We have increased the capacity in the
Commission and have developed a staff
retention strategy.
• Development of a coherent strategy for
strategic partnership to ensure sustainable
settlement and continued agricultural
production.
5
FOREWORD: Support needed for Restitution
• We believe that the proposed Special
Purpose Vehicle will address these
challenges.
• The Belgian Government has provided the
financial support for this process.
“We shall work hard towards the
improvement of the quality of life of our
people towards the improvement of the
quality of life of our people, socio-economic
growth, justice and reconciliation.”
6
OVERVIEW: Restitution & Vulnerable Groups
• We dedicate this report to rural
women and their civil society
structures.
• 40% Of restitution beneficiaries are
female-headed households.
• The rights and interests of vulnerable
groups, (women, youth and persons with
disabilities) are protected in the
development of business-and land use
plans for the restored land.
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CUSTOMER PERSPECTIVE: Focus on claimants
• In terms of section 6(1)(b) of the Restitution
Act the Commission shall take reasonable
steps to ensure that claimants are assisted in
the processing and settlement of their
claims.
• Highlights of some of the claims settled in
the financial year ending 31 March 2007:
8
HIGHLIGHTS OF SETTLED CLAIMS: Gauteng & North West
• Gauteng and North West
• Madiakgame Community – livestock farming.
• Bapo Ba Mogale Community – vegetable
production, livestock feeding, game farming and
granite mining.
• Rysmierbult Community – crop and stock farming
– 50 % of the beneficiaries are women.
• Leeuwspruit Community – maize, sunflower, and
cattle farming.
9
HIGHLIGHTS OF SETTLED CLAIMS: Limpopo
• Limpopo
• Baphalane Ba Romokoka Community – livestock
and game farming.
• Moletele Community – export citrus to Japan
and vegetable production.
• Motokolo Community – beef cattle farming.
• Mashishimale Tribe - Croc ranch, game reserve
and citrus production.
• Motse Community – eco-tourism.
• Ga-Mashung Matlala Community – eco-tourism.
10
HIGHLIGHTS OF SETTLED CLAIMS: Western Cape
• Western Cape
• Protea Village and Stone Cottages Museum –
restoration of urban land and financial
compensation.
• Kwa-Mandlenkosi Beaufourt West Community –
sustainable rural livelihoods such as food
gardens, chicken rearing, sewing, candlemaking
and other women’s developmental projecs.
• Paarl, Goodwood, Parow, Kensington,
Rondebosch and Bellville – financial
compensation.
11
HIGHLIGHTS OF SETTLED CLAIMS: Northern Cape
• Northern Cape
• Droogfontein Community – agriculture and ecotourism.
• Sydney of Vaal (Vaalbos farm) Community –
mining.
• Pniel Community – mining, grazing and cattle
farming
12
HIGHLIGHTS OF SETTLED CLAIMS: Mpumalanga
• Mpumalanga
• Dalmanutha claim for the Nhlapo, Sidu and Ntuli
families – livestock and crop farming, bio-fuel
crops.
• Lulambedlwini Community – agricultural
development.
• Hlangwini Community – Mango and citrus for
domestic and export markets.
• Mbombela Community – about 1200 households
are female headed – financial compensation.
13
HIGHLIGHTS OF SETTLED CLAIMS:
Eastern Cape
• Eastern Cape
• Magwa Community – tea estate.
• Majola Community – tea plantation.
• Inzinini and Ntshamathe Community – housing
and natural growth.
• Tarkastad Group – financial compensation.
14
HIGHLIGHTS OF SETTLED CLAIMS: KwaZulu_Natal
• KwaZulu_Natal
• Bhekeshowe Community – sugarcane, citrus and
grazing.
• Hlomendini Community – sugar cane.
• Inkumbuleni Community – sugar cane.
• Gumbi Community – game farming, cattle
grazing, tourism and human settlement.
• Ximba Community – game farming and
agriculture.
• Hluhluwe Community- game farming which
includes the internally renowned HluhluweImfolozi Park.
15
BUSINESS PROCESS: Shorten Project Cycle
• To shorten the project life cycle and fast
track the settlement of land claims, the
business processes are mapped out in Box 1
of page 8 of the Annual Report.
• We have learned that some of the steps
take much longer than anticipated for
example the simple step of land valuation
to agree on the price at which to
compensate the landowner.
16
BUSINESS PROCESS: Supporting Documentation
• To work out just and equitable compensation,
the factors mentioned in Section 25 of the
Constitution must be complied with.
• We hope that the new Expropriation Bill will
expand on the application of these factors in the
implementation of expropriation.
• The Commission is challenged to obtain relevant
documents, i.e. identity documents, family trees,
marriage and death certificates
• It becomes complex whenever there are several
wives or where there are “illegitimate” or
“adopted” children.
17
BUSINESS PROCESS: Protracted Process (nature)
• Family disputes remain a challenge.
• Commission officials have to be diligent and
eliminate fraudulent claimants who may simply
want to infiltrate the system.
• It takes time to finalise the list of rightful claimants,
especially for community claims.
• To explain the different options of redress in
Restitution is a very tedious affair, requiring
patience, and various skills.
18
BUSINESS PROCESS: Settlement Implementation Support
Strategy Development
• We have used the Belgian Government’s
assistance to appoint a Consortium to develop a
Sustainable Implementation Strategy (SIS), which
will feed into the work of the Special Purpose
Vehicle to assist the fast tracking of the
implementation of the national land reform
programme.
19
SETTLEMENT AND IMPLEMENTATION STRATEGY
• We have developed a SIS strategy to
ensure a comprehensive and sustainable
support to all land reform beneficiaries so
that the aims of restorative justice and
redistributive equity are realised and may
never be reversed.
• It is to empower these beneficiaries to
ensure that the quality of their life is
improved.
20
SETTLEMENT AND IMPLEMENTATION STRATEGY
• The elements of the strategy therefore
include:
• Secure property rights.
• Access to resources, i.e. water, agricultural input, finance,
appropriate development technology, research and
development information, extension services and market.
• Technical assistance.
• Improved public and private utilities such as roads,
sanitation, electricity, etc.
• Entrepreneurship and business development
• Facilitation for macro – policies, fiscal prices, trade and
investment policies
• Full and equitable integration of the vulnerable groups
21
SETTLEMENT AND IMPLEMENTATION STRATEGY
• The Pillars of Support for the SIS strategy
which should be the integral part of the
special purpose vehicle (SPV):
• Livelihood, Enterprise and Technical Support, development
grants, loans, enterprise development and extension
services.
• Integrated Natural Resource Management and
Sustainable Settlements – water rights, biodiversity, grazing,
fire management, settlement planning.
• Capacity and Institutional Development – protection of
land rights, empowerment of Community Property
Institutions and customized training.
• Functional and Spatial Integration – area based planning,
integration with PGDS/IDP’s and LED’s.
22
SETTLEMENT SUPPORT
• Aims to support the beneficiaries to utilise the
developmental grants (RDG’s, SPG’s and 42C DG)
to ensure sustainable livelihood. These grants are
released in phases.
• This contributes to the alleviation of poverty,
creation of job opportunities and contribution to the
economic growth of the country.
• Pages 55 to 57 of the annual report gives more
detail in terms of land use and the support required
and identified as well as the achievements
23
CONSTITUTION, LOCAL GOVERNMENT & PLANNING LEGISLATION
Capable people, robust institutions
CAPACITY & INTITUTIONAL DEV
Skills Dev Act, CPAs, Trusts, Pty…
SKILLS, LAND & BUSINESS ENTITY
LEGISLATION
Sustainable resource mgt
Mission
The delivery of effective settlement and
implementation support contributes to
successful land and agrarian reform to reduce
poverty, enhance livelihood security, boost
economic growth, enable security of tenure and
sustainable land use
SL, viable enterprises, finance & market access
LIVELIHOOD, ENTERPRISE & TECH SUPPORT
INRM & SUST SETTLEMENTS
Land reform sector plan in IDP
NWA, NFA, NVFFA, NEMA, CARA, LEFTEA
SPATIAL & FUNCTIONAL INTEGRATION
Restitution Act, Act 126, ESTA, LTA, BEE Act, CASP…
ENVIRONMENTAL & TOWNSHIP LEGISLATION
IGRF Act, MUNICIPAL SYSTEMS ACT, IDP, SDF…
LAND REFORM, AGRICULTURE & DTI POLICY AND LEGISLATION
24
Spatial and functional integration “Land reform is everybody’s business”
Identifying start up
sites for area based
planning and SIS
support
Putting area
based support
entities in place
Where we want
to be
Embedding LR in
IDPs & SDFs
Framing LR as a
joint programme
Where we are
now
Key issues and
problems
Establishing
appropriate
institutional
arrangements
using IGFRA
Spatial mapping of all
LR projects, situation
analysis, building
knowledge for decision
making
25
Social, institutional & capacity development
A national programme
to resuscitate failed
CPIs
Incentivising the
development of
associations to
represent the interests
of L&AR participants
Customised area based
learning & capacity
development
Locating CPI
support function in
area based support
entity
Where we are
now
Key issues and
problems
Where we want
to be
A national dedicated
CPI, business entity
support unit
Social profiling, building
social capital, managing
social risk
26
INRM & Sustainable human settlements
Where we want
to be
Support for the
sustainable settlement
planning and service
delivery
Area and project
based
environmental &
sustainability
assessment
Where we are
now
Key issues and
problems
Support for
comanagement
agreements on
conservation land
Participatory land use
planning
Alignment of key departments
with environmental
responsibilities at District scale
27
Livelihoods, enterprise and technical support
Learning circles /project
to project support
Provision of business
development and
financial mgt support
systems
Applied research
capability
Where we are
now
Key issues and
problems
Information and knowledge
management for business
decision making/marketing
Where we want
to be
Leveraging
finance
Risk and market
analysis
Multiyear performance linked
planning and implementation
service agreements
A paradigm shift recognising concurrent
livelihood activities and enterprises on
land at different scales
28
LAND CLAIMS COURT
• CASES SETTLED BY THE LAND CLAIMS COURT:• Page 49 of the Annual Report – statistics of cases
before the Courts.
•The Popela Community and Others vs
Goedgelegen Tropical Fruits (Pty)Ltd where
the claimants argued that they were
dispossessed of the labour tenant status due
to the racially discriminatory laws, was
referred to the Constitutional Court for
adjudication.
29
EXPENDITURE FOR THE YEAR ENDING 31 MARCH ‘07
30
QUALITY CONTROL AND RISK MANAGEMENT
• The recruitment of Quality Assurance
Directors is in the final stage.
• Risk registers and the Fraud Prevention Plan
have been completed and is ready for
implementation.
• The Barnowl System for risk management is
in process of implementation.
• The ID Buddy System for claimant
verification has been introduced and offices
are receiving training.
31
CLAIMS SETTLED BY 31 MARCH 2007
32
SETTLED RESTITUTION CLAIMS 1995 – 31 MARCH ‘07
33
REPORTS FROM REGIONS
• For more specific regional reports, the
following:
• Gauteng and North West – Pages 16 to 21.
• Limpopo – Pages 22 to 26.
• Western Cape – Pages 27 to 29.
• Eastern Cape – Pages 30 to 32.
• Free State and Northern Cape – Pages 33
to 37.
• Mpumalanga – Pages 38 to 41.
• KwaZulu-Natal – Pages 42 to 46.
34
SETTLEMENT OF OUTSTANDING CLAIMS
Eastern Cape
600
Free State
100
Northern Cape
229
Gauteng Province
10
North West
247
KwaZulu Natal
1822
Mpumalanga
971
Limpopo
700
Western Cape
600
TOTAL
5279
35
Strategies to Settle Outstanding Claims
• Outstanding claims are rural and for restoration of
land. Land use differs and we are busy developing
settlement models to fast track the settlement of
these claims.
• Land prices are determined by the market forces
over which the Commission has no control.
• National Valuation Review Panel to assist to unblock
challenges in terms of valuations.
• Where the legal entity has not yet been formed,
State will purchase the land and hold it in trust for
the community.
36
Strategies to Settle Outstanding Claims
• Settlement of rural claims in phases where more
than one farm is involved.
• High political intervention regarding challenges with
Traditional Leaders.
• Appointed an agency to provide mediation
services.
• Non availability of State Land a challenge and will
be addressed at a strategic level.
37
HUMAN RESOURCES
OFFICE
TOTAL
OLD
TOTAL
NEW
GRAND
TOTAL
FILLED
VACANT
VACANCY
RATE %
HEAD
OFFICE
70
19
89
64
25
28
EASTERN
CAPE
73
22
95
58
37
38
F/STATE &
N/CAPE
77
31
108
62
46
42
GAUTENG &
N/WEST
144
29
173
110
63
43
KZN
131
63
194
122
72
45
LIMPOPO
97
55
152
77
75
49
MPUMALAN
GA
122
58
180
86
94
52
W/CAPE
90
44
134
72
62
46
TOTAL
804
321
1125
651
474
42
38
CONCLUSION
• Good progress made.
• How we have met challenges.
• International experience/ comparative.
• Development opportunities.
• Appreciation of support from both the
Portfolio Committee and Select Committee
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CONTACT DETAILS REGIONAL LAND CLAIMS COMMISSIONERS
Commissioner
Province
Contact
Linda Faleni
Eastern Cape
043 – 743 3842
(Acting) Tozi Gwanya
Free State and Northern Cape
051 – 403 0700
Tumi Seboka
Gauteng and North West
012 – 310 6500
Mashile Mokono
Limpopo
015 – 287 0800
Peter Mhangwani
Mpumalanga
013 –755 8100
Mayu Sosibo
KwaZulu-Natal
033 – 355 8400
Beverley Jansen
Western Cape
021 –426 2930
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“It has taken hard work and sacrifice to be where we are today; it will
take even harder work to go forward, the sky is the limit.”
I THANK YOU, BAIE DANKIE, KEALEBOGA
Mr. Tozi Gwanya
Chief Land Claims Commissioner, SA
Private Bag X833
PRETORIA
0001
Tel: +2712 3129244
Fax:+2712 321 0428
Email: [email protected]
Promotion of Access to Information: [email protected]
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