COMMISSION ON RESTITUTION OF LAND RIGHTS

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COMMISSION ON RESTITUTION OF LAND RIGHTS

• UPDATE PETITION MATTERS
• to the
• Portfolio Committee on Rural Development and Land
  Reform
• 10th NOVEMBER 2010, CAPE TOWN
• 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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BACKGROUND

• A group of members of the public lodged a
  petition dealing with complains on delays in
  settlement of claims by the Western Cape Regional
  Land Claims Commission.
• The complainants represents bodies such as
  CONFALSA and IRASA and ordinary citizens from
  areas such as Constantia, Stellenbosch,
  Kirstenbosch, Claremont/Newlands, Klawer,
  Goodwood/Kensington/ Windermere and Hout Bay.
• After perusing the petition, the Commission found
  that
• No claims were lodged by CONFALSA and IRASA
  therefore they are considered as Non-Claimants.

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BACKGROUND (CONT.)

• Signatories to the petition only five (5)
  reference numbers were submitted therefore only
  five (5) specific reports can be issued, certain
  claims were found to be Non-compliant.
• The D6 Action Committee does not represent any
  claimants, there is a Task Team of which the
  Commission forms part of.
• Raapkraal this claim was found to be
  non-compliant, therefore a Non-Compliant claim.
• The following responses to challenges listed in
  the petition are

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CHALLENGES RAISED IN THE PETITION

• 1. NUMEROUS CLAIMANTS HAVE SINCE PERISHED IN THE
  HOPE OF BEING RESTORED TO THEIR LAND / NUMEROUS
  UNRESOLVED CLAIM APPLICATION EXISTS
• In the White Paper on South African Land Reform
  it was envisaged that the restitution programme
  would be finalised within five years of the
  enactment of the Restitution of Land Rights Act,
  1994 (Act No. 22 of 1994) (Restitution Act).
• The delays in the finalisation process have been
  caused by numerous factors such as
• A lack of supporting documentation or information
  to support land claims
• Community or family disputes relating to
  entitlement to restitution or proceeds of
  restitution
• Unavailability of land to provide land
  restoration, especially in the Western Cape
• Validity and challenges of land claims by current
  landowners insufficient resources (human and
  financial) etc.
• A number of claims is still in the process of
  being resolved/settled.
• 2. CLAIM APPLICATION FORMS WERE LOST / METHOD TO
  DEAL WITH CLAIMANTS WHO HAVE NO RECORD OF CLAIM
  REF NUMBERS AND SUPPORTING DOCUMENTS
• Land claims were lodged using a prescribed form,
  which were handed into any Government
  institution. The Commission is indeed aware of
  allegations that claim forms were lost or
  misplaced.
• Claimants who provide proof of lodgement of the
  claims will processed.
• Where the claimant does not have proof of
  lodgment of the claim, and the Commission does
  not have record of receiving the claim by no
  later than 31 December 1998, the Restitution Act
  does not allow the Commission to process such
  claims.

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CHALLENGES RAISED IN THE PETITION

• 3. DEVELOPMENTS HAVE OCCURRED ON RESTITUTION LAND
• Section 11(7)(aA) of the Restitution Act
  prohibits the disposal, lease, subdivision,
  rezoning or development of land under claim.
• Landowners wishing to develop such land can apply
  to the Commission to do so- after claim was
  published in the Government Gazette.
• The Commission may allow for development, if the
  land is not required as the settlement option,
  where claimants opt for financial compensation.
• The court can be approached by the Commission
  for an interdict if the Restitution Act is
  ignored. Should development continue it would
  amount to a criminal offence.
• 4. CLAIMANTS HAVE BEEN LIED TO AND THREATENED BY
  OFFICIALS / INEFFECTIVE AND IRRESPONSIBLE
  APPROACHES TOWARDS
• The DRDLR strives to ensure that every employee
  complies with Batho Pele principles and does not
  condone the actions of any employee who does not
  act in accordance therewith.
• Where such behavior takes place, any member of
  the civil society, including claimants, are
  encouraged and requested to report such
  incidences in order for the Department to conduct
  and investigation and deal with the matter
  appropriately depending on the outcome of such
  investigation.

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CHALLENGES RAISED IN THE PETITION

• ALLEGED CORRUPTION BETWEEN OFFICIALS AND
  DEVELOPERS
• The DRDLR has a zero tolerance for corruption.
•  
• Incidents of corruption and/or other illegal
  activities can be reported to the anti-corruption
  hotline at 0800 701 701, alternatively to the
  South African Police Service or other relevant
  authorities.
• 6. DELIBERATE SETTLEMENT DELAYS
• The Restitution Act stipulates the process that
  must be followed in the settlement of land
  claims.
•  
• There are, however, challenges that hamper the
  speedy processing of claims. Strategies to
  settle the outstanding land claims are being
  reviewed.
• OFFICIALS HAVE ABUSED THEIR ADMINISTRATIVE
  RESPONSIBILITY / DELIBERATE MISINFORMATION TO
  CONFUSE AND FRUSTRATE CLAIMANTS
• Where officials have abused their
  responsibilities or powers, those aware of such
  abuse are encouraged to inform Senior Management
  or the Ministry, alternatively approach the
  offices of the Public Protector.
• Decisions or action by functionaries of the
  Restitution Act constitute administrative action
  and therefore can, in terms of section 36 of the
  Restitution Act and the Promotion of
  Administrative Justice Act, be reviewed by the
  Land Claims Court should any party be aggrieved
  by them.

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CHALLENGES RAISED IN THE PETITION

• SELECTIVE AND SUBJECTIVE ADMINSITRATIVE
  APPLICATIONS
• Specific details are required to investigate
  this allegation.
• However, the office has systems, policies and
  procedures to adhere to. The Restitution Act,
  which is followed by the office, also has Rules
  regarding procedure of the Commission (GN no
  R1961 of 29 November 1996 and GN no R706 of 03
  August 2001.)
• NUMEROUS CLAIMANTS HAVE EXHAUSTED THE OVERBEARING
  BUREACRATIC PROCESS
• Specific details are required to investigate
  this allegation.
• CLAIMANTS HAVE BEEN FORCED TO UTILIZE LEGAL
  REPRESENTATION AND IN SO DOING EXHAUST THEIR
  FINANCIAL RESOURCES
• The Commission assist claimants with legal
  advice, as the office has a legal unit with
  experienced and qualified legal officers.
  Section 29.4. of the Restitution Act allows the
  Commission to pay for legal costs incurred by
  valid claimants. However, claimants have the
  right to consult legal experts on their own
  account. The office has never forced any
  claimant to do so.

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CHALLENGES RAISED IN THE PETITION

• FEEDBACK ON THE SETTLEMENT OPTIONS OF THE
  LAMBERTS BAY COMMUNITY CLAIM
• LAMBERTS BAY
• This claim is settled. 2,4 hectares land was
  granted by the Municipality. The claimants are
  currently in a
• process of requesting a change in their option to
  financial compensation.
• SARON MISSION STATION
• Mr Frans approached the court without claimants
  support. The claim is not valid. Mr Frans to
  provide
• further evidence to validate the
• claim.
• POLICY FRAMEWORK ON RESTITUTION MODELS
• A Standard Settlement Offer policy wad developed
  to determine settlement amounts to claimant
  opting for
• financial compensation. This policy is reviewed
  annually to be in-line with the relevant housing
  subsidy and
• CPI.

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CHALLENGES RAISED IN THE PETITION

• DETAILS OF WHEN, WHO AND HOW THE CLAIMS OF THE
  PETITION WILL BE SETTLED
• Ms Ester Sozawe S1846 Settlement in March 2011
  Financial compensation
• Ms Ally and Buffkins A124 A822 Hout Bay -
  Settlement pending release of land
  Development/Land
• Ms Annie Schoeman M1100 Lamberts Bay Community
  Claim Settled Development, pending claimant
  option change
• Ms Veronica Nxukuma and Ms Hazel Koaho- N31-
  Settled Development, implementation pending
  finalisation of Business Plan.
• NON COMPLIANT CLAIMS/ REJECTED CLAIMS
• Mr Nigel Daniels - J707 Claim rejected.
• Mr Nigel Daniels J767 Claim rejected.
• Mr Peter Jafta - J775 Claim rejected.

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WAY FORWARD

• The Commission will follow-up on all claims
  outstanding contained in petition.
• Claims lodged and found to be valid will be
  processed accordingly.
• The Commission will request those people who
  allege that they lodged claims to come forward in
  order to submit proof of lodgment.
• On all the allegations relating to misconduct or
  unprofessional behavior by officials, we request
  detail information to take the necessary
  discipline actions and investigate

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THANK YOU/ BAIE DANKIE MRS BEVERLEY
JANSEN REGIONAL LAND CLAIMS COMMISSIONER,
WESTERN CAPE Private Bag X9163 / 04TH FLOOR,
MATRIX HOUSE, 73 STRAND STREET, 8000 Telephone
number [phone] Fax number (021) 422
3160 E-mail address Fwilliams_at_ruraldevelopment.go
v.za