Restitution Strategic Plan

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COMMISSION ON RESTITUTION OF LAND RIGHTS
Strategic Plan 2007/2008

• Restitution Strategic Plan
• 2007/2008
• Briefing to the Portfolio Committee on
  Agriculture and Land Affairs, Parliament, Cape
  Town
• 14 March 2007

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STRATEGIC DIRECTION

• State of the Nation Address, 9 March 2007
• While the land restitution programme has
  resulted in more settlements in the recent
  period, we still need to put in extra effort in
  dealing with remaining cases, many of which are
  much more complex.
• President Thabo Mbeki

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STRATEGIC DIRECTION cont

• Minister for Agriculture and Land Affairs, Ms.
  Lulama Xingwana
• I have been given less than two years to settle
  all outstanding land claims. It is for this
  reason that we have adopted project Gijima
  (which means run) in order to speed up the
  finalisation of claims.
• Letsema-Llima campaign is aimed at ensuring
  sustainable use of the land that we are restoring
  to claimants.

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STRATEGIC DIRECTION cont

• To promote sustainable and productive use of
  agricultural land, ensuring that no arable land
  lays fallow
• To facilitate access by the community to the
  Governments agricultural assistance programmes,
  i.e. CASP (Comprehensive Agricultural Support
  Programme), MAFISA, the LandBank and others.
• To mobilise communities to group themselves
  together and enter into Community Private
  Partnerships to engage in economically viable
  projects to improve their livelihoods.

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STRATEGIC DIRECTION cont

• Chief Land Claims Commissioner, SA, Mr. Tozi
  Gwanya
• The Minister for Agriculture and Land Affairs
  has introduced Operation Gijima with the view
  that we conclude Restitution and Land Reform to
  meet the Presidents directive. We have been
  given adequate resources and our mandate is to
  ensure that we intensify our efforts of putting
  land rights in the right hands. We have
  identified strategies to deal with the various
  challenges that face us in this process, ours to
  work tirelessly as a team to address all of these
  and still attain our noble goal.

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STRATEGIC DIRECTION cont

• The Commissions mandate to settle all
  outstanding claims by 2008, guides its planning
  for the 2007/08 financial year.
• To finalise the rural claims which by their
  nature are complex and involve various external
  role players.
• Therefore, we will refocus and strengthen
  capacity and effectiveness to reach our goal.
• 5128 rural claims will be outstanding in the
  2007/08 financial year.

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STRATEGIC DIRECTION cont

• The Commission as previously reported will aim to
  finalise 3590 as there will be possible 30
  residual due to reasons, i.e. difficult access to
  claimed land, exorbitant land prices, boundary
  disputes, land uses, traditional leadership,
  untraceable claimants, family disputes,
  unavailable information, claim in the Land Claims
  Court.

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RESOURCE ALLOCATION

• MTEF (Capital)

2006/07 2006/07 2007/08 2007/08 2008/09 2008/09 2009/10 (residual) 2009/10 (residual)
Target Budget Target Budget Target Budget Target Budget
3242 2,012,947 2,996,764 2,291,635 1,031,236
Urban 1500 56,775 1000 37,850
Rural 2111 1,956,172 3082 2,958,914 2392 2,291,635 1,031,236
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OUTSTANDING CLAIMS
Eastern Cape 600
Free State 100
Northern Cape 229
Gauteng 10
North West 247
KwaZulu Natal 1 671
Mpumalanga 971
Limpopo 700
Western Cape 600
Total 5 128
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FINALISATION OF OUTSTANDING CLAIMS

• The projected settlement for the next financial
  year (2007/08) per quarter for the 3590 (less
  residual) land claims
• Quarter 1 1 180
• Quarter 2 770
• Quarter 3 890
• Quarter 4 750

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URBAN CLAIMS

• The majority of urban claims have been settled.
  However some of the urban claims remain
  outstanding due to a number of challenges,
  including.
• Untraceable claimants
• Outstanding claim information for verification.
• Family disputes hindering the finalisation of the
  claim.
• Claims with a developmental aspect which involve
  various other role players and different
  priorities and commitments which could delay
  finalisation

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URBAN CLAIMS cont

• The Commission will strategise towards the end of
  this financial year as follows
• Focus on media and communication campaigns in the
  Provinces to trace claimants and to obtain
  outstanding information.
• The Commission will aim to settle claims with a
  developmental and restorative aspect on the basis
  of broad development plans and relevant
  agreements signed with the role players, which
  include Department of Housing and Municipalities.
• Claims with family disputes which cannot be
  resolved will be referred to the Land Claims
  Court.

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FINALISING OUTSTANDING RURAL CLAIMS

• The majority of outstanding claims are rural
  claims which poses challenges such as
• Boundary disputes or disputes amongst Traditional
  Authorities and/or Legal Entities and/or Claimant
  Management Committees.
• Resistance from land owners and exorbitant
  prices.
• Most of claimed land is ex-homeland areas which
  is unregistered and un-surveyed, thus no
  titles/maps which makes archival research
  difficult.
• Lack of required documents such as identity
  documents, death/marriage certificates,
  affidavits, etc.

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CHALLENGES IN RURAL CLAIMS

• Most rural claimants are illiterate. It takes
  time to produce the required documents, etc.
• Family and community disputes takes much longer
  to resolve.
• Infrastructure and communication problems make it
  difficult to access claimants and to hold
  meetings. Distances to be traveled and the
  condition of rural roads poses a challenge.

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CHALLENGES IN RURAL CLAIMS cont

• The patriarchal nature of rural communities.
• Number of role players involved in the
  negotiation and settlement of the claim.
• Determination of the monetary value of the claim
  and the development projects to be linked to the
  Restitution award are complex processes.
• Continual engagement with the Agricultural Unions
  and current land owners to solicit the
  cooperation necessary for the settlement of
  claims.

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STRATEGIES TO ADDRESS THE COMPLEXITIES OF RURAL
CLAIMS

• Shortening the project cycle for rural claims and
  use of expropriation where negotiations bear no
  fruit.
• Ensure cooperative governance (IGRA) and obtain
  buy in from all role players for a post
  settlement support framework.
• Beefing up capacity in the Commission to engage
  with communities including, women, youth and
  persons with a disability. This should assist
  with dealing with family disputes, obtaining
  outstanding information, etc.

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STRATEGIES TO ADDRESS THE COMPLEXITIES OF RURAL
CLAIMS cont

• Traditional Leaders and Restitution We have
  consulted with DPLG on the basis of a draft
  document and a workshop involving key role
  players which took place from 28 Feb to 1 March
  07.
• We work closely with the Land Reform Branch on
  overlapping Restitution and Labour Tenancy
  claims.
• The Land Planning and Information Branch provides
  valuable assistance such as survey and mapping,
  spatial planning and deeds info.

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STRATEGIES TO ADDRESS THE COMPLEXITIES OF RURAL
CLAIMS cont

• Considering MOAs with Provincial Departments to
  transfer funds for example housing development.
• Agreements have been signed with SAPPI and MONDI
  to settle land on forestry land. We aim to have
  various implementation models finalised by June
  07.
• A submission en-route to the Minister requesting
  delegations to the Commission regarding
  Pro-active Acquisition of Land.

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RESIDUAL CLAIMS

• ? Of all outstanding rural claims will be
  difficult to settle due to the following
• Claims referred to the Land Claims Court for
  adjudication.
• Deadlocks in negotiations as a result of land
  prices and/or validity of claims.
• Disputes within the claimant communities.
• Conflict with Traditional Leaders and boundary
  disputes.
• We have embarked on an analysis of residual
  claims in order to deal with these claims. The
  clustering and categorising of these claims and
  exit strategy are under discussion.

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OUTPUTS ALLIGNED WITH DLA

• We place our strategic objectives within the
  broader framework of the Land Reform Programme in
  terms of the 30 sustainable land redistribution
  by 2014. Restitution will contribute through
  settlement of rural land claims.
• In finalising claims, we provide tenure security
  that creates socio-economic opportunities.
• We consider tenure security of farm workers on
  restituted land which is addressed in the s42D
  submissions.

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OUTPUTS ALLIGNED WITH DLA cont

• We are committed to protect the rights of
  vulnerable groups in the resolution of land
  claims to ensure that staff is sufficiently
  trained and to ensure that vulnerable groups
  participate in the resolution of land claims.
• The rights and interest of vulnerable groups are
  adequately addressed in the development of
  settlement/business plans on restored land.

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STRATEGIES SETTLEMENT OF OUTSTANDING CLAIMS

• Delegated powers to the CLCC and the RLCCs of
  respectively R100 million and R50 million.
• Filling of outstanding Directors, Quality
  Assurance positions.
• A revised structure for the Commission has been
  approved. A challenge remains in so far that
  these posts are 1-year contract positions.
• Procurement are now being done at the Office of
  the CLCC to streamline processes.

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STRATEGIES SETTLEMENT OF OUTSTANDING CLAIMS cont

• A staff retention strategy.
• Life after the Commission will be a high level
  discussion.
• We are challenged in ensuring that land transfers
  due to conveyancing delays, signing of settlement
  agreements and surveying takes place. A task
  team was set up to address this challenge.

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ROLE OF MUNICIPALITIES IN RESTITUTION

• Project planning, resource mobilisation, capacity
  building must be done i.t.o. the requirements for
  implementation and sustainability of projects.
• This includes MOAs (SLAs, Exco resolutions,
  etc) to be in place with the relevant
  Municipalities for housing development for
  restitution beneficiaries, land availability
  agreements and the alignment of Restitution
  projects with Municipal IDPs. The Commission is
  involved with DPLG in the development of a Master
  Plan to ensure commitment by Municipalities.

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ROLE OF MUNICIPALITIES IN RESTITUTION

• Assist in identifying land needs in each
  Municipality.
• Make land available for Housing, Commonages,
  Business development, Rural Communities
  (agriculture and human settlements).
• Provide support to Restitution and other Land
  Reform beneficiaries.
• Assist the Department of Land Affairs in the
  implementation of the Pro-Active Land Acquisition
  Strategy (PLAS) to meet the 30 target of
  redistribution of agricultural land by 2014.

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ROLE OF MUNICIPALITIES IN RESTITUTION

• Be an implementing agent for Land Reform projects
  and thereby a conduit for administering
  development grants.
• Establish a strong Land Reform desk within the
  Municipalities to work closely with the
  Department of Land Affairs and the Commission on
  Restitution of Land Rights.
• The Inter Governmental Relations Act enjoins Land
  Reform and Local Government to collaborate with
  regard to planning and implementation of the
  Integrated Development Plans (IDPs).

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SETTLEMENT SUPPORT AND INTEGRATED PLANNING (SSIP)

• The DLA is responsible for the implementation of
  Restitution Awards. However, the Commission will
  work closely with DLA towards a handover and exit
  strategy for 2008 by July 07.
• A Settlement Support Implementation Strategy
  together with DLA is targeted for end March 07.
• Monitoring of the implementation of Restitution
  awards on restituted land.

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SETTLEMENT SUPPORT AND INTEGRATED PLANNING
(SSIP)cont

• Settlement Support staff of the Commission are
  involved in the early settlement processes of a
  land claim to ensure
• Claimants are involved in land use planning to
  make informed settlement choices.
• Project planning is done within the
  socio-economic, sustainable requirements and the
  drafting of a feasible business and land use
  plan.
• Memoranda Agreement available with the relevant
  role-players such as the Municipality, the
  Provincial Department of Agriculture.
• Mobilization of required resources.

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SETTLEMENT SUPPORT AND INTEGRATED PLANNING
(SSIP)cont

• To capacitate Restitution beneficiaries, we and
  AgriSeta have done a joint proposal to the
  Department of Labour for skills development and
  long term mentoring projects.
• A MOA was signed with Canada, to pilot the
  Limpopo sustainable implementation model in KZN,
  Limpopo and WC.
• An Area Based Approach to ensure that all
  projects are part of the provincial, local and
  district planning processes to ensure
  sustainability.

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CONTACT NUMBERS OF RLCCS
Commissioner Province Contact
Linda Faleni Eastern Cape 043 743 3842
Sugar Ramakarane 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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I THANK YOU/ BAIE DANKIE/KEALEBOGA
Mr. Tozi Gwanya CHIEF LAND CLAIMS COMMISSIONER,
SA Telephone number [phone] Fax number
[phone] E-mail address
TTGwanya_at_dla.gov.za Promotion of Access to
Information aroesch_at_dla.gov.za
S25 of the Constitution Provides Restitution
for all victims of racial land dispossession