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COMMISSION ON RESTITUTION OF LAND RIGHTS

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Exorbitant Land Prices and unco-operative White Farmers. Market-based land reform. ... Co-operative governance. Land: Key to Growth and Socio-Economic Development. 21 ... – PowerPoint PPT presentation

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Title: COMMISSION ON RESTITUTION OF LAND RIGHTS


1
COMMISSION ON RESTITUTION OF LAND RIGHTS
2
RESTITUTION UPDATEANNUAL REPORT TO 31 MARCH
2003 AND PROGRESS TO DATE
  • PORTFOLIO COMMITTEE ON AGRICULTURE AND LAND
    AFFAIRS

3
ELEMENTS OF LAND REFORM PROGRAMME
  • Land Policy in South Africa is captured in the
    White Paper, which record the history of
    dispossession and the skewed land ownership in
    SA.
  • Redistribution aims to provide the disadvantaged
    and the poor with access to land for residential
    and productive purposes. Its scope includes the
    urban and rural very poor, labour tenants, farm
    workers as well as new entrants to agriculture
    (8113 the White Black land ownership ration
    debate)

4
ELEMENTS OF LAND REFORM PROGRAMME
  • Land Restitution covers cases of forced removals
    which took place after 1913. They are being
    dealt with by a Land Claims Court and Commission
    established under the Restitution of Land Rights
    Act, 22 0f 1994 (redress).
  • Land Tenure Reform is being addressed through a
    review of present land policy, administration and
    legislation to improve the tenure security of all
    South Africans and to accommodate diverse forms
    of land tenure, including types of communal
    tenure (ownership)

5
RESTITUTION STRATEGIC OBJECTIVE
  • Access to Land and redress for dispossessions
  • Research and Settlement of Urban and Rural Claims
  • Post Settlement Support Sustainable projects

6
RESTITUTION STRATEGIC OBJECTIVE
  • Integrated Development Approach to Restitution
  • ISRDP and URP
  • Effective Communication (Internal and External)

7
Settled Claims (Provincial Stats)Cumulative
1995 to date
8
CUMULATIVE STATISTICS ON SETTLED RESTITUTION
CLAIMS1995 31 JULY 2003
LAND RESTORATION FINANCIAL COMPENSA-TION ALTER-NATIVE REMEDY TOTAL NO. OF CLAIMS SETTLED
URBAN CLAIMS SETTLED 14 238 17 268 2 574 34 080 85.87
RURAL CLAIMS SETTLED 2 637 2 965 5 5 607 14.13
TOTAL 16 875 20 233 2 579 39 687 100
9
Settled Claims (Provincial Stats)Cumulative
1995 to date(Finance)
10
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14
Settled Claims Cumulative 1995 to date
15
CUMULATIVE STATISTICS ON SETTLED RESTITUTION
CLAIMS1995 31 JULY 2003(Cont)
  1. The above statistics have been compiled based on
    the information reflected in the Database of
    Settled Restitution Claims.
  2. In order to improve the accuracy of our
    statistics, the Database of Settled Restitution
    Claims has been subjected to a process of
    internal auditing. (Project Basisa)

16
JUNE LAND MONTH- 2003
  • 90 Years since Native Land Act of 19 June 1913
    promulgated.
  • National Land Hand over celebrations in June to
    mark Land delivery through restitution todate.
  • More than 20 000 hectares handed over in June
    2003.
  • Appreciate support from Portfolio Committee
    members who gave us support.
  • See Focus on Land Month

17
RESTITUTION CHALLENGES
  • Late Lodgment of claims
  • People who did not lodge their claims.
  • Difficult Rural Claims
  • Most of rural claimants are illiterate.
  • Construction of family trees.
  • Ex-homeland areas unregistered and un-surveyed
    rights.
  • Not titles/maps.
  • Identity documents, death certificates, marriage
    certificates, affidavits.

18
RESTITUTION CHALLENGES
  • Exorbitant Land Prices and unco-operative White
    Farmers
  • Market-based land reform.
  • Negative attitude and hostility.
  • Protracted Negotiations, Disputes and Mediation
  • Agreement.
  • Validity of the claim.
  • Land use

19
RESTITUTION CHALLENGES
  • Poverty and Financial Compensation
  • Land appreciates in value.
  • Land is a factor of production.
  • Land can be passed on.
  • Land marks the dignity.
  • Agricultural Development
  • Lack of technical skills.
  • Business skills.
  • Organizational skills.
  • Development planning skills
  • Financing and financial management.

20
RESTITUTION CHALLENGES
  • Housing Development
  • Budget constraints of Municipalities.
  • Land for housing development.
  • Rural housing.
  • Inadequate capacity
  • Integrated Development Planning and Rural
    Livelihoods
  • Co-operative governance.

21
RESTITUTION CHALLENGES
  • Funding for Restitution
  • R1.2 billion to finalize claims prioritized for
    this year.
  • Role for Donor agencies to support restitution.

22
Challenges and Critical Issues for ISRDP-URP
Implementation
  • The municipalities IDP formulation processes
    tend not to integrate land reform
  • Poor or lack of coordination during
    prioritization process
  • Limited capacity within RLCC to deal with
    divergent priorities as demands arise

23
Challenges and Critical Issues for ISRDP-URP
Implementation(Cont)
  • The long process taken to resolve claims
    perceived as stumbling block to development
  • Lack of resources (financial, human, physical)
    for municipalities to complement Restitution
    awards as well as capacity to implement the
    agreed projects.

24
Challenges and Critical Issues for ISRDP-URP
Implementation(Cont)
  • Align priorities to include current municipal
    ISRDP and URP anchor projects.
  • The institutional frameworks for Post Settlement
    processes.
  • Resource Mobilization and Donor Support for
    sustainable development.
  • Project Management skills for beneficiaries
    (Capacity building)

25
RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)
  • GAZETTE NO. 25217 OF 25 JULY 2003

26
RESTITUTION OF LAND RIGHT AMENDENT BILL
  • Purpose
  • Limitations of the current legislations
  • The Amendment

27
RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)
  • Purpose of the Bill
  • To empower the Minister of Land Affairs to
    purchase, acquire in any other manner or
    expropriate land, a portion of land or a right in
    land for the purposes of the restoration or award
    of such land, portion of land or rights in land
    to a claimant or for any other land reform
    purpose.

28
RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)
  • (b).To deal with the inadequacies of the current
    legislation
  • Section 35 (5A) no need to get agreement of all
    parties before expropriation.
  • Section 42D(1)(d) no need to get a Court Order
    before expropriation.
  • Expropriation Act, No.63 of 1975 empowers only
    the Minister of Public Works to expropriate for a
    public purpose (roads, bridges, dams, schools,
    etc.). The Amendment empowers the Minister of
    Land Affairs to expropriate for Land reform
    purposes.
  • Section 24(3) of the Constitution provides for
    expropriation for Land reform (public interest)
    purposes.

29
RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)
  • ( c ). Just and Equitable Compensation
  • Those expropriated will be compensated fairly
    based on market values.
  • Have recourse (Court) if unhappy with amount of
    compensation. (Constitutional right)

30
RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)
  • (d). Process and Progress to date (RLRAB)
  • Call for comment from all interested parties made
    on 9 May 2003. (Gazette Notice 1331 No. 24823)
  • Comments received and evaluated of 20 June 2003.
  • Well attended Expropriation Amendment Bill Indaba
    at Burgerspark Hotel in Pretoria on 26 June 2003
    discussed comments.
  • Technical Team met with Deputy Minister to
    consider comments and inputs from Indaba, make
    final draft, submit to Cabinet.

31
RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)
  • Bill endorsed by Cabinet and State Law Advisers.
  • Public Hearings by Portfolio Committee on
    Agriculture and Land Affairs planned for 25 and
    26 August 2003.

32
COMMISSION ON RESTITUTION OF LAND RIGHTS
  • I THANK YOU
  • Presented by
  • Mr. T T Gwanya
  • Chief Land Claims Commissioner
  • Private Bag X833
  • PRETORIA
  • 0001
  • Tel. (012) 312 9244
  • Fax (012) 321 0428
  • E-mail ttgwanya_at_dla.gov.za

Website address www.land.pwv.gov.za
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