commission on restitution of land rights national implementation plan restitution high drive 2008

Commission on RestitutionCommission on Restitutionof Land Rightsof Land Rights

National Implementation PlanNational Implementation Plan

Restitution High DriveRestitution High Drive

20082008

NATIONAL IMPLEMENTATION PLAN 2

INTRODUCTION

The President in his State of the Nation Address on 11 February 2005 gave a directive that additional resources would be allocated over the next three years to cover outstanding claims in the land restitution programme.

In line with the Presidential directive the Commission is therefore committed to settle all outstanding urban claims in the 2005/06 financial year and all outstanding rural claims by 31 March 2008.


INTRODUCTION

The settlement of claims would be part of the process to reach the delivery of the 30% target of agricultural land by 2015 and thus ensuring not only the attainability of economical stability and poverty eradication but also the socio-political stability in rural areas.

The Minister of Finance has in his Budget speech of 23 February 2005 announced that R6 billion has been allocated to complete the land restitution process.


CLAIMS TO BE SETTLEDSETTLEMENT OF CLAIMS

2005/06 2006/07 2007/08

RLCC Urban Rural Rural Rural

Eastern Cape 2869 338 434 193

Free State and Northern Cape 1536 269 268 0

Gauteng and North West 71 228 294 130

KwaZulu-Natal 3311 746 960 426

Limpopo 56 448 577 256

Mpumalanga 215 415 533 237

Western Cape 2005 368 472 211

TOTAL 10063 2812 3538 1453

12875

All urban claims to be settled within the 2005/06 financial year.


OVERVIEW

Over the past five years our experience curve shows that the reasons for success are due to:

The Section 42D Ministerial approval. Integration of the CRLR with the DLA. Grouping of individual urban claims. Use of Service Providers for specific tasks. Location of RLCC offices closer to the people. Increased resources. Highly motivated employees 80% of claims are urban claim thus faster to resolve.


OVERVIEW

Land prices in KZN are R25 000 per ha and in Limpopo and Mpumalanga R50 000 per hectare for sugar cane

Most of the privately owned land that was purchased was agricultural land, the lowest price paid was R900 per hectare in KZN whilst the highest price paid was R45 000 per hectare in Limpopo for a farm with macadamia nuts and mango’s (export).

Land prices in the country are high.

AVERAGE PRICE OF LAND PER HECTARE


REQUIREMENTS

Outstanding are all in various stages in the settlement process.Rural claims poses the following requirements:

Assist claimants to structure their various affidavits.

Dispute resolution and mediation. Land price negotiations with current land

owners. Protracted and costly processes – expropriation. Institutional capacity for community legal

entities.


RESOURCE REQUIREMENTS

These requirements shall included the following:

Financial resources. Human resource requirements Office Accommodation and Equipment. Administrative Support to fast track the

process. Strategic partnership with relevant

stakeholder.

More detailed report


CRITICAL ISSUESSTRATEGY RELATED CHALLENGES OUTPUTS/IMPACT

1. Batching of rural claims o Obtaining all outstanding information.

o Dedicated staff (office teams/service providers)

o Securing budget for media campaign.

o Dedicated staff from SG and Deeds.

o Faster to research claims with similar circumstances of dispossession.

o Clear indication of outstanding claims per District and Local Municipality.

o More claims processed over a shorter period.

2. Prioritization and sequencing of claims

o Identification of relevant projects.

o Sequencing within the available time frame.

o Claims prioritized and sequenced and ready for processing.

o Easier to measure progress made.

3. Outsourcing and use of service providers

o Lengthy procurement processes.

o RLCC offices with SSC have expressed frustration in procurement.

o Identifying “professional, skilled and knowledgeable” service providers.

o Capacity to monitor and manage service providers.

o Budgetary implications

o Claims ready for negotiation and settlement/ no outstanding information that can slow down the process.

o Quality information in time.o Each claim will be

prioritized thus someone working on it.



4. Use of Interns oShort recruitment and appointment process.oBudgetary implications.oRevise policy to allow for payment of per dium and S&T for Interns.oOffice accommodation and equipment.oTraining of Interns takes time.

oStaff beefed up and thus capacity to deliver.oAll claims will have someone working on them.

5. Use of seconded officials oPolitical commitment (MEC’s, relevant Departments and others.)oBudgetary implications.oOffice accommodation and equipment.oAdmin hiccups of using seconded officials.oTraining of Interns takes time.

oStaff beefed up and thus capacity to deliver.



6. Phasing of settlement

o Land acquisition.o Land transfer.o Buy and lease back

agreements.o Development planning.

oMeeting deadlines for each phase.oCommitment from land holding national, provincial and local governments.oFarmers’ acceptance of lease arrangements and transfer of land now/ pay later.oManagement of problems during lease period.oTreasury and farmers opposed to use of Government bonds.oMonitoring phased settlement. (Exit plan for each phased project.)

oBroad strategy for every outstanding claim. (Rural claims)oIf approved, buy and lease back would help resolve large number of claims.oCould also address funding problem.

7. Pro-active invitation, without prejudice, to willing sellers to avail land for restitution purposes

oDetermination of immediate strategy on availed land.oProcurement process for advertising process.oCapacity to deal with enquiries/speeded up process.oClaimants may not be willing to accept alternative land.oAdministrative delays (can’t buy land until section 42D is approved).

oLand available for restitution.oAmicable negotiations process to finalize agreements.oLand availability (at reasonable price).


CRITICAL ISSUES

STRATEGY RELATED CHALLENGES OUTPUTS/IMPACT

8. Improve existing capacity

o Staff retention.o Incentives and rewards.o Employing new staff.

oDetermining an effective incentive and rewards systemoLeave moratorium.oApproval of proposed system. (Relevant delegations for implementation.)oLengthy recruitment and appointment processes.oOffice accommodation and equipment.oBudgetary implications.

oLimited exit of staff.oAdditional staff.oAll claims are active and allocated to Project Officers.


IMPLEMENTATION PLANKey Performance

AreaOutput Basic Assumptions Recommendations

1. Further Research

o Property description (mapping)

o Dispossession.o Deeds/archival

research (title deed)

oCase reports.oCompliance certificates.oClear property description and extent. (Maps, aerial photographs)oLegal owner’s information.

oAll information available.oSkilled and knowledgeable Service providers are appointed.oAdequate capacity in RLCC to manage Service Providers.

oOutsource identified phases/projects.oDedicated support from Deeds/ Surveys and Mapping.oAdequate capacity in RLCC to manage Service Providers.




2. Claimant Verification

o Legitimate claimant.

o ID documentation.

o Family trees.o Powers of

Attorney.o Affidavits.

oComplete schedules of verified claimants.oInstitutional arrangement of claimants in place and registered.oClaimant options determined.oClaims packaged.

oClaimants available.oRequired information available.oFeasible options presented.oCapacity (office teams/service providers).oAvailable budget.

oClustering communities with similar land use for options workshop and packaging.oOutsource.oAdequate capacity in RLCC to manage Service Providers.




3. Legal Entities

o Nature/Form of Entity.

o Constitution/Trust of Deed.

o Office Bearers.o Registration.o Committee and

Training.o Representation.

oEstablished community structure.oAscertain beneficiaries.oInstitutional arrangements and capacitation.oLegal Entity registration.

oCompliance with legal requirements.oStreamlined process within DLA.oClear understanding of community (empowered).oAdequate social facilitation skills.

oUse internal staff for set-up.oMeeting with DLA to streamline the process. (Especially CPA’s)


IMPLEMENTATION PLAN

Key Performance Area

Output Basic Assumptions Recommendations

4. Gazetting

o Drafting of notices.

o Publishing.o Notification of

Interested Parties.

oValid claims gazetted and;oStakeholders notified.

oResearch completed.oStaff available.oBudget available.oAvailability of communications strategy.

oBatch claims and block gazette.oDeploy dedicated staff.




5. Valuations

(Land Rights Lost)o Definition of

Land Rights Lost

o TOR for valuation

o Use of Professional Valuers

o Use of other valuations

o Use of SSO

oValuation reports.oLand use/business plan reports.oMonetary value of land rights lost.

oRelevant TOR compiled.oProfessional Valuers appointed.oValuation reports according to agreed standards.oCo-operation from other relevant institutions.oBasis for SSO’s determined.oAvailable budget.

oCluster properties for valuation within District Municipalities.oAcquire municipal valuations, where relevant.oUse Government Institutions where available.oUse of Panel of Valuers to ascertain accuracy and objectivity, fair values.


IMPLEMENTATION PLAN

Key Performance Area

Output Basic Assumptions Recommendations

6. Negotiations and Conflict

Resolution

o Mediationo Negotiations

oAgreements on purchase prices.oSettlement packages/ Expropriation/ Referral to Land Claims Court.oAgreement/Deed of Settlement/ Resolution

oSuccessful negotiations process.oConflict resolution processes followed (Mediation).oSubsequent settlement/ expropriation/ LCCoAvailable capacity.

oEstablish stakeholder forums.oMinimize stakeholders meetings.oRapid release of State Land. (Define process within DLA.)oInstitutional arrangement for conflict resolution and mediation (such as IMMSA.)




7.Implementation of Restitution AwardsoLand acquisitionoSurveyingoLand transferoFinancial compensationoBank Credit transfer payments

oLand acquired, surveyed and transferred.oFinancial compensation paid.

oCommitment and capacity from Deeds/SG/ State Attorney.oPrivate Attorneys appointed, where required.oEffective agency agreements for transfer payments in place to transfer funds.oAvailable budget.

oDedicated staff within SG/Deeds.oUse other available surveying sources.oOutsource land transfers.




8.Effective Resource ManagementoRisk Management.oFinancial Management.oHRM.oInformation Management.oEffective Communication.

oCompliance with all relevant legislation.oSuccessful transfer of payment.oStaff employed and retention strategy in place.oInformation verified and available.oEffective communication systems in place.

oAll risk areas identified and addressed.oEffective financial systems in place.oStaff requirements complied with.oCorrect information available.oCommunication needs identified and addressed.

oClear communication of risk management policies and guidelines (financial) to all officials.oExplore and implement appropriate options for staff retention.oResolve problems regarding procurement.




9.Development Support to ClaimantsoDevelopment planning and facilitation.oStrategic Partners.oLease arrangements.oBusiness Technical Skills Development.oDevelopment Finance.

oLong-term sustainable settlements.oSecurity of rights in land.oEconomic development.oPoverty minimization.oGreater social impact.

oPlanning and facilitation capacity in RLCC offices.oExit/implementation plans in place.oCommitment from Implementation Institutions.oAvailable budget.

oAdequate business plans developed.oIdentify strategic partners/ supporting agencies. oDevise a handover strategy for all claims with developmental impact.oSeek funding from other sources, e.g. donors.


BUDGET FOR MTEF PERIODBUDGET FOR MTEF PERIOD – 2007/08

BUDGET FOR MTEF PERIOD UP TO 2007/08 - CAPITAL

Province Total Rural Urban 2005/2006 2006/2007 2007/2008

Capital

claims claims

1 2 3

Budget (R'-000 000)

Budget (R'-000 000)

Eastern Cape 1,108 965 2,869 381 382 345

Free State 238 143 893 116 91 31

Northern Cape 376 394 643 159 163 54

Gauteng 105 91 19 26 41 38

North West 551 561 52 137 213 201

Kwazulu/Natal 2,297 2,132 3,311 701 859 737

Limpopo 1,284 1,281 56 320 509 455

Mpumalanga 1,196 1,185 215 299 477 420

Western Cape 1,151 1,051 2,005 349 445 357

TOTAL 8,306 7,803 10,063 2,488 3,180 2,638

BASELINE 2,488 3,180 3,639

OPTION I.T.O MTEF


RECURRENT BUDGET

RECURRENT BUDGET PER PROVINCE TO SETTLE CLAIMS

2005/2006 2006/2007 2007/2008 TOTAL

BASELINE OPTION BASELINE OPTION BASELINE OPTION BASELINE OPTION

Compensation Employees 116,772 97,615 102,585 316,972

Goods and Services 94,578 89,250 93,737 277,565

Payment Cap Assets 4,961 1,789 1,878 8,628

TOTAL 216,311 0 188,654 0 198,200 0 603,165 0


CONTRIBUTIONS

As a result of ongoing negotiations with Provincial Governments and the Department of Land Affairs, various commitments have been received from the Provincial Governments and the DLA to ensure that all outstanding rural claims are settled by 31 March 2008.The Belgian Government has also donated R49 million to speed up the verification of remaining claims and a further 6 million Euros for post settlement support for the 2006/07 financial years.

Pages 20 to 31 of the National Implementation Plan


RISKS

Fiscal dumping.

Cannot address development issues effectively.

Possible compromise on quality.

Possible loopholes for fraud.


DEVELOPMENT PLANNING AND FACILITATION

To ensure sustainable land settlement and long term livelihood.

To provide post settlement support.

To process the implementation of the restitution awards.


VARIOUS CATEGORIESTYPE OF PROJECT TYPE OF INSTITUTIONAL ARRANGEMENT

Category 1 Horticultural projectsoPermanent cropsoCash crops (vegetables)

Equity Share holding model

Category 2 Livestock projects Strategic Partnerships for Sustainable Land Reform e.g. NERPO, ARC, PSLR, organized Agriculture

Category 3 Agronomical crops Strategic Partnerships for Sustainable Land Reform, e.g. ARC, PSLR, organized Agriculture

Category 4 Non-agricultural projects Relevant Departments to enter into SAL’s/MOU’s through a forum facilitated by Agriculture

Category % Developmental projects Relevant Departments to enter into SLA’s/MOU’s through a forum facilitated by Agriculture


EQUITY SHARE HOLDING MODEL

MODEL


REQUIRED ELEMENTS FOR AGRICULTURAL PRODUCTION

BUSINESS ENTITIES

MODEL


SHAREHOLDING AGREEMENT

MODEL


SALE OF SHARE AGREEMENT

MODEL


SHARE HOLDING AGREEMENT

MODEL


MODELS FOR FINANCING

Although there had been several proposals around models for financing land reform, i.e. scheduling of payment, scheduling the return of land, strategic partnerships, land tax, subdivisioning of large farms etc, these proposals are still under discussion with various stakeholders.


RECOMMENDATIONS

Identify and address any outstanding policy/procedural issues.Human resource matters is a critical issue to be address from Ministerial level.Procurement processes should be rapidly streamline (high-level intervention).Information Technology support services to be beefed up.Delegations to CLCC and RLCC’s to be urgently reviewed.Tangible co-operative governance (political intervention).


COMMISSION ON RESTITUTION OF LAND RIGHTS

I THANK YOUI THANK YOU

Mr. T T Gwanya

CHIEF LAND CLAIMS COMMISSIONER, SA


Words of women at a women's Resource Access Programme (RAP) workshop in India -

Land is might, land is right Land is water, land is shelter

Land is dignity, land is honour Land is our mother, let us promise each other

That it will not be for barter, Let us unite to save it from exploiters.

Women need forests; women need water, Access to education and to power,

Freedom from bondageFreedom from hunger,

Let us bring them "the honour"Land to women is actually revolution, As it saves children from malnutrition

And it makes families function.

(Source: International Land Coalition)

commission on restitution of land rights national implementation plan restitution high drive 2008

Documents

outstanding claims

owned land

land restitution process

outstanding rural claims

outstanding urban claims

land price negotiations

average price of land

land restitution programme