SOUTH AFRICAN LAND REFORM: PROGRESS AND CHALLENGES

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SOUTH AFRICAN LAND REFORM PROGRESS AND
CHALLENGES 01 July 2009 Thembisa Pepeteka
Tshililo Manenzhe
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Outline of the presentation

• Background
• Policy Implementation Progress Challenges
• Prospects for rural development/ agrarian
  transformation
• Implications

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Background

• The Land Act of 1913 and 1936 formalised land
  dispossessions, which started in 1650s.
• The acts limited African land ownership to
  native reserves/former homelands
• The Group Areas Act of 1960s also resulted in
  mass removal of black people, particularly in the
  urban areas.
• By 1994, SA democratic government inherited
  skewed patterns of land ownership (87 of land
  owned by white minority and only 13 by black
  majority)
• Our Constitution lays the framework for
  implementation of land Reform (Section 25)
• The White Paper on Land Policy provides for three
  components of Land Reform Programme It also sets
  out market-based approach for land redistribution
  but with limited scope for expropriation when
  necessary

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Redistribution

• The main purpose is to address the legacy of
  racial inequalities in land ownership by
  providing black people with access to land for
  residential and productive use.
• Between 1994 -1999 main emphasis was to provide
  the poor with land for settlement and small-scale
  farming using SLAG.
• Since 2000 LRAD was introduced, which intended to
  promote a class of black commercial farmers.
• Government has set a target to redistribute 30
  of white-owned agricultural land to blacks (24.6
  million ha) by 2014.
• By 31 March 2009 (in 15 years) only 5.2 million
  ha (5) have been transferred, including
  restitution contribution.
• To meet the target, 19.4 million ha (25) have to
  be transferred in 5 years it implies that the
  department must deliver more than 3 million
  hectares per annum.

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Redistribution- Challenges

• Increasing land prices Some landowners are
  asking exorbitant price and the Department has
  been forced to buy at market value
• Inadequate Budget For 2009/10 budget allocation
  for Land Reform is R3.3 billion instead of R10.1
  billion required. The Department indicated that
  it requires an average of R15 billion per
  financial term or an estimated total budget of
  R71.5 billion to meet the target.
• Poor capacity within the Department (staff with
  relevant skills)
• Poor post settlement support to land
  beneficiaries

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Tenure Reform

• The purpose for Tenure reform is to secure tenure
  for people living on farms and in in the former
  homelands.
• Legislation ESTA (Act No.62 of 1997), LTA (Act
  No. 3 of 1996) and the PIEOLA (Act No. 19 of
  1998) regulates peoples occupation of land and
  eviction from other peoples land.
• Despites the above acts, there are still high
  incidences of farm evictions. This points to a
  need to tighten legislation e.g. ESTA and LTA
  consolidation PIE etc.
• The Department established a Land Rights
  Management Facility (LRMF) for legal assistance
  to evictees. The impact of the initiative still
  needs to be assessed.
• CLaRA of 2004 was enacted to help people and
  communities in former homelands to have tenure
  security. The act has not been implemented yet
  due to challenges such as conflicting claims,
  court challenge and the process of surveying,
  registration and vetting not finished.
• The Department has been piloting CLaRA in KZN,
  but there has not been a report

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Restitution

• Restitution of Land Rights Act, 22 of 1994 seeks
  to return land or property or equitable redress
  to people who have been dispossessed of their
  land rights through discriminatory laws since
  1913.
• The Act makes provision for the establishment of
  a Commission for the Restitution of Land Rights
  (CRLR) and Land Claims Court to facilitate the
  restitution of land. Total number of claims
  lodged by the cut-off date of 31 December 1998
  were 79 696
• In the first five years the CRLR started at a
  slow pace, settling 3 916 claims picking up
  the speed between 2000 and 2005 - settling 53 992
  claims.
• Targets Presidents directive to complete all
  claims in 2005. By then only 75 of the claims
  lodged were settled, then deadline was extended
  for 3 years to 2008.

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Settled Restitution Claims
CUMULATIVE STATISTICS 1995 - 31 March 2009 CUMULATIVE STATISTICS 1995 - 31 March 2009 CUMULATIVE STATISTICS 1995 - 31 March 2009 CUMULATIVE STATISTICS 1995 - 31 March 2009 CUMULATIVE STATISTICS 1995 - 31 March 2009 CUMULATIVE STATISTICS 1995 - 31 March 2009

PROVINCE CLAIMS HHs BEN/FICIARIES Ha TOTAL AWARD
           
E CAPE 16194 60747 208064 93600 1,699,379,847.17
F STATE 2654 5813 40624 47363 178,996,877.44
GAUTENG 13159 15153 70179 9476 828,787,975.68
KZN 14742 68910 409323 610996 5,969,745,666.80
LIMPOPO 3067 40124 215936 487935 3,193,116,183.58
MPLANGA 2688 48366 223524 389395 4,360,110,339.87
N CAPE 3663 18216 97479 471896 1,118,093,456.64
N WEST 3707 35118 169823 364729 1,878,649,548.63
W CAPE 15526 22986 116297 313204 1,124,003,718.53
TOTAL 75400 315433 1551249 2788594 R 20,350,883,614.34
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Outstanding Claims
Province No of outstanding claims at 31 March 2008 No of claims settled 1 April 2008 31 March 2009 Dismissed Claims 1 April 2008 31 March 2009 Total No of outstanding claims by 31 March 2009
Eastern Cape 555 33 0 522
Free State 97 15 54 28
Northern Cape 218 18 11 189
Gauteng 0 1 0 3
North West 215 20 0 195
KwaZulu Natal 1 740 72 12 1 652
Mpumalanga 851 235 17 422
Limpopo 674 139 0 712
Western Cape 599 12 14 573
Total 4 949 545 108 4 296
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Restitution - Challenges

• Understaffing and capacity problems due to high
  staff turnover. The process of conversion of
  staff from contract employment to permanent
  status has not sufficiently addressed the problem
  of staff turnover.
• Bureaucratic process within the Department of
  Land Affairs resulting in the delays in the
  movement of funds for finalized claims, delays in
  the transfer of land and registration of title
  deeds.
• Rural claims hindered by conflict within family
  and among community members partly due to
  overlapping claims, rightful claimant, claims
  based jurisdiction of traditional leaders.
• High land Prices Some landowners asking
  exorbitant land prices and some officials
  colluding with them.
• Inadequate funding The strategic plan indicates
  that the CRLR will require at least R17.3 billion
  capital budget to settle the outstanding claims
  by 2011/12.
• There has been a huge drop in budget for
  restitution programme from R3.1 billion in
  2008/09 to R1.9 billion in 2009/10
• Claims referred to Land Claims Court take too
  long
• Non-traceable of claimants.
• Poor Post-Settlement support

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Prospects for Rural Development

• The structure of the South African society and
  its economy is dualistic high inequalities in
  distribution of land and wealth.
• A holistic approach is necessary to redress the
  situation particularly as it affects the rural
  poor South Africa requires Structural Change via
  a programme of wide-ranging reforms Land and
  agrarian Reform
• Agrarian Reform
• Agrarian reform is more than a government
  initiated or backed redistribution of land more
  broadly it can mean an overall redirection of the
  agrarian systems of the country which often
  includes land reform measures can also include
  credit measures, training and extension . More
  than land reform, it focuses on broader set of
  issues such as the class character of the
  relations of production and distribution in
  farming and related enterprises, and how these
  connect to the wider class structure. It is thus
  concerned with economic and political power and
  the relation between them.

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Prospects for Rural Development 2

• Secure land access for rural dwellers (both in
  the former homelands and commercial farmlands)
• As long as enormous inequalities in land
  ownership exist, insecure rights to land and
  resources sustainable rural development is far
  from being achieved. Dealing with all aspects of
  land reform tenure, restitution, and encourage
  access to settlement and productive land by the
  rural poor remains crucial.
• Market-based land reform has not helped deliver
  land at scale and achieving the 30 target is
  questionable under current circumstances. What
  are alternatives? Expropriation and using other
  constitutional options for determining value of
  the property? How can the state proactively use
  market mechanisms to target land reform?
• Targets of 30 of agricultural land by 2014 is
  significant, however the qualitative aspects of
  the targets remain crucial.
• Creating an enabling policy and institutional
  environment for broad based rural development
• Promote access to land classes and categories of
  people for different purposes, informed by the
  needs and aspirations, esp. the rural poor
• Policy environment that does pose a bias against
  the rural poor and subsistence farmers e.g.
  current land reform projects business plans has
  adopted a commercial model of farming.
• Targeted Development support (Extension,
  Infrastructure and technology etc)

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Prospects for Rural Development 3

• Enhance agricultural productivity, Livelihoods
  support and competitiveness. (Farm Development
  Support)
• Small Family farms can be for gardens or
  semi-subsistence farming. (Giving small farms to
  rural households implies sub-division of land,
  under current circumstances with sub-division of
  agricultural land act can be difficult)
• Access to land and resources is not sufficient,
  BUT access to inputs, tools, equipment, marketing
  outlets. Infrastructure for transport and
  communications, support services such s
  extension, training and marketing advice.
• Investment in rural infrastructure e.g. Transport
  and communication is critical.
• Capacity building and institutional development
  support is crucial can enhance that rural voice
  guard against the elite capture of the benefits
  from land reform
• CPAs Trusts Many of the CPAs have been
  reported dysfunctional.
• Government oversight of, and support of these
  institutions is crucial

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Prospects for Rural Development 4

• Land based livelihoods, complemented with other
  forms of rural enterprise must be promoted.
• Agricultural value chains Industries that
  support local production
• Cooperatives and trade associations
• The impact of HIV/AIDS on rural households, and
  individuals
• Sensitizing communities of the impact of the
  pandemic on their livelihoods activities
• Strengthening the rural voice.
• The spirit of democratization of rural areas
  would entail mobilization which ensures that the
  rural dwellers make decisions about access and
  use of resources in their areas.
• Alliances with other local institutions and
  organizations are critical

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Implications going forward

• A wide range of policy discussion is crucial
• Pace of Land Reform what is achievable under the
  current global economic conditions, budgetary
  constraints and capacity within the department?
• Mechanisms of acquisition of land in the light of
  emerging concern regarding the suitability of the
  MBLR approaches to deliver land at scale
  Options expropriation, abandonment of the
  willing buyer-willing seller approach, other
  alternatives?
• Note that, although our Constitution provides for
  expropriation in public interest (a nations
  commitment to land reform) it may slow the
  process due to court process regarding appeal
  etc.
• Farm Development Support or PSS/SIS
• Coordination and alignment between departments
  DAFF DRDLR (partnerships)
• An environment that supports all kinds of land
  reform beneficiaries
• Targets that address the quality of projects
  delivered rather than de-racialization of land
  ownership alone.
• There should be systematic monitoring and
  evaluation of the impact on livelihoods.
• The Support of the land holding entities such as
  the CPAs and Trusts
• Security of tenure for people living on farms
• Access to legal services (impacts of the Land
  Rights Management Facility)
• Systems of monitoring evictions
• Access to productive land by the farm dwellers
• Possible policy review - ESTA/LTA
• The Rural Development Agency?
• The CRDP outlines the responsibilities of the RDA
• The structure and powers of the agency at the
  local sphere of governance?

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Thank You