COMMISSION ON RESTITUTION OF LAND RIGHTS

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COMMISSION ON RESTITUTION OF LAND RIGHTS

• Restitution in South Africa
• Women on Agriculture and Rural Development
• Summit Elangeni Hotel- Durban
• Under the Rule of Law,
• The Orderly Way,
• The Peaceful Way,
• The Patriotic Way,
• The Sustainable Way,
• The South African Way.

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DLA TOP MANAGEMENT
Minister Ms L Xingwana
Deputy Minister Adv. D du Toit
Director General Mr G Thomas
Ms Maureen Tong Chief Operations Officer
DDG (LTR) Mr M Shabane
DDG (CFO) Ms S Choane
CLRR Mr T Gwanya
DDG Dr N Makgalemele
GP NW Vacant
FS NC Mr S Ramakarane
Limpopo Mr M Kokono
EC RLCC Ms L Faleni
WC RLCC Ms B Jansen
KZN RLCC Vacant
Women
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Regional Land Claims Commissioners (RLCC)
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LAND REFORM

• Redistribution - addressing the 87 13 debate)
• Restitution Act 22 of 1994 as amended (redress)
• Dispossession after 19 June 1913
• Claim lodged by 31 December 1998
• Racially discriminatory laws and practices
• Just and equitable redress
• Tenure Reform ownership/tittle

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Gender Unit in DLA

• Gender Mainstreaming in Land Reform Programmes
• Provision of access to land where women are
  targetted
• Institutionalization of gender programmes
• HIV and AIDS programme support
• Support for persons with Disability

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DLA CORE Objective

• Gender equity is one of the Core Objectives of
  Land Affairs. All programmes are required to make
  commitments on what they will do in this regard
  and thus include it in their Strategic plans
  (page 6)
• Development of programs for empowerment of Women,
  Children, People with Disability and those living
  with HIV/ AIDS, youth and Older Persons

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Land Claims Vulnerable Groups

• Participation of vulnerable groups in the
  restitution process from negotiations and
  settlement planning
• About 25 of the restitution beneficiaries are
  women
• Regrettably we come from a Patriarchal society of
  male headed households/ religion has not helped.
• Today we have an increasing number of female
  headed households

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Honoring the Promiseof our CONSTITUTION
S25 of Constitution Provides Restitution for
all victims of racial land dispossession
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VISION

• To be leaders in the restitution of land rights
  to victims of racial land dispossession in a
  manner that ensures sustainable socio-economic
  development.
• We want to see the participation of Women in the
  realisation of this vision

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MISSION

• To promote reconciliation by ensuring equity for
  victims of land dispossession by the state,
  through sustainable development initiatives and
  equitable redistribution of land
• Women are agents of peace prosperity. Emasimini
  sibona oMama ingabo abavelisa ukutya.

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VALUES

• Compassionate service delivery.
• Justice, fairness and equity.
• Equality.
• Timelines.
• Participation and Respect.
• Integrity

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Purpose of Restitution

• Provide equitable redress to victims of racial
  land dispossession
• Provide access to rights in land, including land
  ownership and sustainable development.
• Foster national reconciliation and stability.
• Improve household welfare, underpinning economic
  growth, contributing to poverty alleviation and
  improved quality of life

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RESTITUTION PROCESS
Phase one Regitration Lodgement
Phase two Screening and Categorization Screening,
feasibility, Batching Prioritization And
Validation
Phase three Determination of Qualification Assessm
ent, Gazetting and Notification
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RESTITUTION PROCESS (CONTINUES)
Phase four Negotiations Research,
Valuation,Representetive

• I

Phase five Settlement Agreement signed S42D or
Court Order
Phase six Implementation of settlement Land
planning, Transfer, Development planning
facilitation Post- award Support
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OVERVIEW

• By June 2006, the CRLR settled 90 of the claims
  lodged.
• We have 2 years to finalise outstanding claims.
• Of the 72927 claims settled, 64748 were urban and
  8179 were rural.
• Main challenge is settlement of rural claims
  while at the same time ensuring a legacy of
  sustainable settlements that would contribute to
  job creation and poverty alleviation.

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LAND CLAIMS STATUS as at31.03.2006
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Land (hectares) Delivery To-date
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RURAL CLAIMS (CHALLENGES)

• Property description for unregistered land
  rights.
• Use of land Independent Profession Valuers
  (transformation of the Profession.)
• Exorbitant land prices (makes restitution
  expensive.)
• Disputes with landowners (land prices, validity
  and resistance to restitution may lead to
  referral to the Land Claims Court.)

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RURAL CLAIMS (CHALLENGES)(cont)

• Community disputes (boundary disputes, land use,
  chieftaincy.)
• Protracted claimant verification process
  (unavailability of documents such as IDs, birth
  certificates, affidavits, family trees, etc.)
• Establishment of legal entities (CPAs and
  Trusts.)

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Restitution Projects

• Sugar-cane (sugar-Milling)
• Forestry (saw-milling, pulp, contracting etc)
• Livestock Farming (dairy, abattoirs, leather
  other products)
• Conservation Game Farms (Mbila, Mabaso
  Maluleke, Dwesa-Cwebe)
• Citrus (exports e,g Zebediela)
• Banana farms (eg Giba, Mamahlola), macademia,
• Rural Livelihoods

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IMPLEMENTATION OF RESTITUTION AWARDS

• Capacity building and training
• Scenario development and project business
  modeling.
• Inter-departmental support at provincial level
  (led by DALA).
• Built capacity for legal entities (CPAs,
  Trusts).
• Prioritize participation of vulnerable groups in
  project planning and implementation.
• Identify role of NGOs and other training
  institutions.
• Project level support to restitution
  beneficiaries
• Resource brokering mobilisation
• Project planning and management.
• Identify strategic partners for mentorship's and
  technical support.

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CASP model
Agricultural macro- system within consumer
economic environment
Farm Business level activity
Household food security Subsistence
The Hungry Vulnerable
Agriculture support
6 pillars
Technical advisory assistance
Marketing Business Development
Training Capacity building
Information Knowledge Management
On off farm infrastructure
Financial assistance
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IMPLEMENTATION OF RESTITUTION AWARDS (cont)

• Institutional support to claimants
• Women groups are best placed and have better
  experience in dealing with group dynamics
• Inter-governmental relations framework.
• Alignment of restitution with IDP, ISRDP, URP,
  PGDP
• Identify lead Department for co-ordinating post
  settlement support.
• Co-ordinate dedicated support for land reform
  beneficiaries from financial institutions e.g.
  LandBank, IDC, MAFISA, DTI, Khula, etc.
• Provincial Land Reform Forum Limpopo model
  duplicated in other provinces.

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KEY STRATEGIC PARTNERS
Government Departments
Financial Institutions
Municipalities
Commercial Farmers
Private Sector
Parastatals
Sustainable Development for Claimants
Donor Partners
Non-Governmental Organisations.
Domestic international markets
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Economic Growth, Poverty Alleviation Job
Creation

• Contribution of Land Reform to AsgiSA

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CONCLUSION

• We have taken the initiative of mainstreaming
  participation of vulnerable groups into our land
  reform program.
• Success is guaranteed if women take the lead in
  all our land reform projects.
• Integrated approach to land reform shall lead to
  lasting beneficiation and empowerment of all of
  our people
• Post settlement support is critical for ensuring
  sustainable land reform

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In the words of Nelson Mandela Never and never
again shall the laws of our land rend our people
apart or legalize their oppression and
repression Let me add Never again shall we
marginalize women in the beneficiation of the
victims of racial land dispossession Best wishes
for this rural Womens Movement
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KEALEBOGA / NGIYABONGA/ THANK YOU Mr. Tozi
Gwanya CHIEF LAND CLAIMS COMMISSIONER, SA Private
Bag X833 PRETORIA Telephone number (012) 312
9244 Fax number [phone] Cell
number 082 577 5552 E-mail address
ttgwanya_at_dla.gov.za Website address
http//land.pwv.gov.za