Commission on Restitution of Land Rights

1
Commission on Restitution of Land Rights

• Briefing to the Portfolio Committee
• on Agriculture and Land Affairs
• Annual Report for the year ended on
• 31 March 2006

2
FOREWORD BY THE CHIEF LAND CLAIMS COMMISSIONER

• We entered the year under review with a clear
  mandate to prioritise sustainable settlement of
  all outstanding claims, which was underlined in
  the Land Summit held in July 2005.
• We have focused on the implementation of key
  strategies, which enable us to fast-track the
  settlement of claims such as the batching and
  grouping of those with similar circumstances of
  dispossession, sequencing and targeted
  verification.
• We dedicate this report to those who died in this
  period where we were hard at work reversing the
  effects of racial dispossession.

3
OUR PERFORMANCE

• Our expenditure has increased from R1,18 billion
  last year to R1,8 billion over the past financial
  year.
• Our budget for the year was R2,7 billion and thus
  an under-expenditure of almost R900 million.
  However commitments approved by the Minister but
  not shown as an expenditure yet totals R2,05
  million.
• The Belgian Government approved R50 million for a
  project called Speeding up the Restitution
  Process.

4
OUR PERFORMANCE (Cont)

• This project involves the fast-tracking of
  claimant verification as well as preparatory work
  for post-settlement support.
• The total number of claims settled as at 31 March
  2006 was 71, 645 out of the 79, 696 lodged claims
  by 31 December 1998.
• The Government, through National Treasury,
  demonstrated its commitment to Restitution with
  its budget allocation of R2,2 billion to settle
  claims in this financial year.

5
OUR PERFORMANCE (Cont)

• Business Process Perspective
• Our focus during the year was on shortening the
  project cycle (without skipping any of the
  necessary steps) in order to settle as many
  claims as possible.
• We have agreed with both Agri SA and Tau SA that
  our cooperation with them must be reduced in a
  memorandum of agreement (MOA( and thus a
  commitment that their member, the current land
  owners will support the Restitution process.
• Expropriation remains an option where
  negotiations do not yield the desired results.
  However, as we started to implement
  expropriation, there is more willingness from the
  land owner to negotiate.

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OUR PERFORMANCE (Cont)

• The need to reflect an equitable balance between
  the public interest and the interest of those
  affected by the expropriation is important in
  this process.
• The resettlement of claimants to their restored
  land, some no less than 200km away from their
  current place of residence, is a challenge.
• Corporate Governance Perspective
• The Commission tabled this Report as contemplated
  in terms of Section 21 of the Restitution of Land
  Rights Act, 22 of 1994 as amended.
• We have held four statutory meetings as
  contemplated in terms of Section 5 of the said
  Act, where the focus were largely on

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OUR PERFORMANCE (Cont)

• Progress review on settling outstanding claims
• Quality assurance and risk management.
• Sharing provincial experiences in dealing with
  peculiar Restitution cases.
• Review of cases in the Land Claims Court.
• Post-settlement support and strategic
  partnerships for sustainable developments.
• We have used these meetings as a vehicle to keep
  the public abreast of developments in the
  Restitution process as contemplated in Section
  6(1)(c) of the Act.

8
OUR PERFORMANCE (Cont)

• Learning and Growth Perspective
• Teambuilding exercises to break from the hectic
  schedule, long working hours and work over
  weekends.
• Filling of the vacant posts and conversion of
  contract posts to permanent employment to ensure
  that experienced staff is retained.
• The Commission formulated plans and engaged
  stakeholders to take part and assist in the
  development facilitation to ensure
  sustainability.
• The Commission continues to engage with Local
  Government, the LandBank, NDA, DBSA and relevant
  Government Departments.

9
OUR PERFORMANCE (Cont)

• International Interest
• The Land Summit ensured that international
  delegates also participated and shared their
  experiences.
• International media are thus kept updated with
  the Restitution process.
• Delegations from countries such as Palestine,
  Mauritius, Zambia, Angola visited the Commission
  to observe Restitution and learn from it.
• Restitution continues to bring hope to millions
  of South Africans who, for centuries suffered the
  indignity of racial land dispossession.

10

• The RLCC, Eastern Cape made sure that
  individuals, families, churches, communities,
  both black and white, felt that the Commission
  does indeed exist to honour the promise of our
  Constitution by way of ensuring that the return
  of land rights addresses the socio-economic
  milieu of the Province.
• The Colcra claim has been aligned with the
  well-known Coega Development in Port Elizabeth by
  means of successful negotiations with the Nelson
  Mandela Metropolitan Municipality, SANPARKS and
  other stakeholders.

11

• This would be the first community bases but
  family driven black project which will create
  jobs and alleviate poverty.
• The first housing project in Farmerfield has been
  completed and people took occupation of their
  houses.

12

• The pace to deal with post-settlement projects
  has been acceleration with the signing of an
  agreement with Uvimba Finance, which is a similar
  Institution like the LandBank, which will manage
  some development funds.
• Challenges
• Quality of valuations.
• Unsurveyed land and unregistered land rights.
• Family disputes.
• Achievements
• Signing an agreement with Uvimba Finance due the
  to lack of capacity within some municipalities.
• The Provincial Land Summit

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• All claims settled during this year were urban in
  nature.
• The Ou Breipaal claim benefiting 280 households
  and 1390 beneficiaries was approved in terms of
  Section 42D of the Restitution Act.
• Another claim was the Modderrivier/Ritchie claim
  benefiting 526 households and 3156 beneficiaries.
• The Settlement Support and Development Unit
  managed to enhance sustainability of settled
  claims by conducting successful AGMs in respect
  of Majeng, Bucklands and Sidney-on-Vaal claims.

14

• The following communities were successfully
  linked to CASP, namely Khuis (R4,2 mil), Kono
  (R900 000), Grootvlakfontein (R500 000), Majeng
  (R3,2 mil) and Khomani San (R700 000)
• Challenges
• High staff turnover.
• Lack of capacity and commitment from
  stakeholders, i.e. municipalities.
• Lack of capacity and accountability of CPAs.

15

• The verification process has been accelerated wit
  the aid of Belgian funds and further ensuring
  sustainable settlements.
• Such work was in response to the urgent needs of
  the poor rural communities, which have been
  permanently excluded from the prime acquisition
  of land because of class and racial
  discrimination in South Africa.
• The Commission had a collective response in
  engaging with organs of civil society, farmers
  unions, land rights movements, Government
  departments, the private sector and the general
  South African Community to ensure the
  implementation of sustainable development.

16

• In circumstances where the Commission experience
  difficulties and poor response from land owners,
  Section 42D of the Restitution Act was complied
  with.
• Challenges
• High land prices.
• Traditional Leaders attempting to use the process
  to engage in power disputes
• Failure of some of the Service Providers to
  complete the verification process.
• Non-disclosure by claimants leading to exclusion
  of rightful descendants and family disputes.

17

• Assistance to the aged and illiterate to
  structure affidavits, which include property
  descriptions, rightful descendants and documents
  for oral evidence.
• Claims being dismissed which did not meet the
  prescribed criteria, which involve tribal land
  and required tenure upgrade.
• Limited budgets from municipalities, alternative
  land not available and also lack of available
  land for housing projects.

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• Achievements
• The general upswing in the number of claims
  settled due to the multi-stakeholder approach and
  coherent strategic planning in dealing with
  outstanding claims, despite protracted
  negotiations in some cases.

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• A substantial amount of urban land claims have
  been settled and three major land claims within
  the Greater St Lucia Wetlands Park, which is a
  World Heritage site, have been settled. R87 mil
  has been approved for the development of Ndumo,
  Hluhluwe, Triangle and Coastal Forest claims.
• 38 000 Ha of land has been restored to Gumbi,
  Khambule, Ngcolosi and Amakhabela at a cost of
  R221,3 mil which excludes the R67 mil financial
  compensation paid to the Hammarsdal claimants and
  over R14 mil to Lennixton, Fairleigh and Milton.

20

• 120 claims have been investigated and dismissed
  as they did not meet the criteria as set down in
  the Restitution Act.
• Collaborative efforts with other spheres of
  Government are beginning to bear fruit with the
  Provincial Department of Agriculture taking over
  Restitution projects through CASP.
• Strong institutional alliances have been forged
  with district and local municipalities through an
  innovative development brokerage facility, which
  the Commission set up in this financial year.
  Most of the municipalities have been made aware
  of the Restitution process.

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• Challenges
• Resistance to Restitution in some parts of the
  Province.
• Many farms converted to private Game farms and so
  called lifestyle developments, which enhance
  high land prices.
• Grant funding often inadequate.
• Achievements
• Cooperation from the Cane-growers and Illovo in
  facilitating with the Sugarcane Farmers
  Association

22

• Ithala Bank has agreed to be a fund manager for
  development funds belonging to Restitution
  beneficiaries.

23

• The resolution of the first phase of the Levubu
  land claims which is one of the most expensive
  land claims in South Africa, has been
  significant.
• Given the nature of land claims, the historical
  and archival research that had to be done has
  proved to be far more complex than expected due
  to lack of title deeds, proof of ownership,
  occupation of the dispossessed land, boundary
  disputes, etc.
• Challenges
• Concomitant to the restoration of rights in land
  to previously disadvantaged African communities.

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• Land ownership and conflicts within CPAs and
  traditional leadership.
• Disillusionments and discontent from the current
  land owners, which resulted in a lack of
  cooperation with some land owners.
• Overlapping or counter claims.
• Slow land survey process
• Some land owners contest validity of claims.
• Suspicion of possible collusion between land
  owners and valuers, resulting in high land prices
• Uninformed media reports
• Balancing Restitution and economic development.

25

• Achievements
• Strong relations with the Limpopo Department of
  Agriculture.
• Department of Labour offered training to
  beneficiaries in diary, poultry, beef, vegetable
  production and entrepreneurship.
• Major strides with regard to the structuring of
  post settlement arrangements regarding Levubu.
• In the Hoedspruit area, the establishment of the
  Moletele Hoedspruit Land Initiative which seeks
  to forge a strong partnership between claimants
  and willing sellers to ensure sustainable
  development.

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• Substantial hectares of land were transferred to
  Manala Mgibe, Blauwbank, Ludwichlust, Chego
  Tubatse which improved the lives of Restitution
  beneficiaries.
• The Office has worked tirelessly to engage with
  relevant stakeholders to contribute to social and
  economic development through Restitution.
• The LandBank, South African Farm Managements, the
  National Development Agency and various
  municipalities have contributed to sustainable
  land delivery.

27

• The Settlement Support Development Unit has
  integrated its plans with those of the Provincial
  Department of Agriculture which has borne fruit
  and has assisted the beneficiaries in realising
  their dreams and turned them into reality.
• Strategic plans were developed to increase the
  pace of land delivery.
• Challenges
• Rural claims takes longer to settle.
• Lack of required documents from claimants.
• Disputes with land owners on validity and high
  land prices

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• Efforts in engaging land owners and development
  agencies to become strategic partners to the
  beneficiaries.
• Achievements
• The Provincial Land Summit.
• Good working relationship with Provincial
  Department of Agriculture and Local Government.
• Full support from the Premier to the Restitution
  programme.

29

• Most of the financial compensation claims were
  settled.
• The verification campaign has been flowing
  smoothly and several church claims are included
  in this campaign.
• On 21 October 2005, 16 officials from the Land
  Administration Department of Guangxi Province in
  China, visited the Commission.
• Agreements with municipalities such as Cape Town
  and Knysna has been entered which will ensure
  sustainable development.
• Full support from the Premier of the Western Cape.

30

• Challenges
• Untraceable claimants.
• Lack of documentation.
• High staff turnover and the workload of
  officials.
• Negotiations with Local Government to allocate
  resources to Restitution projects.
• Negotiations with the State Land Disposal
  Committee to make State land available.
• Achievements
• The Provincial Land Summit

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• The Development Unit in the Commission with the
  City of Cape Town to put out a public tender for
  the installation on bulk storm water, sewer and
  water services for Ndabeni community.
• 54,8 Hectares for alternative State land was made
  available for the Ndabeni community/
• The Commission appreciates the claimants for
  their cooperation and patience.

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CASES SETTLED BY THE LAND CLAIMS COURT

• The number of cases referred to the Land Claims
  Court during the period March to December 2005
  was on average between 2 and 3 cases per month.
• In January 2006 there was a dramatic increase
  with the majority of cases referred to the court
  emanating from Eastern Cape and KwaZulu-Natal.
• For the period 31 March 2005 to 31 March 2006, 29
  cases were heard in Court, 4 settled and 25
  current cases.

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PROGRESS ON THE SETTLEMENT OF CLAIMS31 March 2006
PROVINCE CLAIMS HHs BENEFICIARIES Ha LAND COST FIN COMP
Eastern Cape 16040 42178 157494 56686 211,541,427.00 585,992,927.45
Free State 2120 3956 24107 44464 9,845,559.13 46,857,765.81
Gauteng 13133 12981 58365 3555 62,537,367.00 620,323,105.00
KwaZulu-Natal 13813 39702 238509 339200 726,853,055.36 808,303,863.85
Mpumalanga 2075 29366 151228 100122 502,957,363.50 67,021,317.00
North West 3441 15794 87019 79271 127,103,005.52 162,520,410.00
Northern Cape 3518 7525 45971 237398 74,482,215.36 119,024,664.84
Limpopo 2717 27480 148344 203355 696,160,848.42 51,688,765.73
Western Cape 14788 17685 92514 3101 8,096,187.00 509,099,166.47
TOTAL 71645 196667 1003551 1067152 2,419,577,028.29 2,970,831,986.15
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PROJECTED SETTLEMENT OF CLAIMS FROMApril 2006 to
March 2008
  2006/2007 2006/2007 2007/2008 2008/2009
RLCC Urban Rural Rural Residual
Eastern Cape 222 114 100 106
Free State 90 67 36 25
Gauteng 2 16 14 25
KwaZulu-Natal 362 770 626 560
Mpumalanga 24 692 458 310
North West 0 124 115 75
Northern Cape 70 160 112 80
Limpopo 6 595 516 310
Western Cape 294 565 274 130
TOTAL 1076 3103 2251 1621
Residual Residual Residual Residual Residual
1. Claims in Land Claims Court as a result of disputes 1. Claims in Land Claims Court as a result of disputes 1. Claims in Land Claims Court as a result of disputes    
2. Claims with community/family disputes 2. Claims with community/family disputes      
3. Claims where claimants are untraceable 3. Claims where claimants are untraceable      
4. Delays in submitting required information/documents 4. Delays in submitting required information/documents 4. Delays in submitting required information/documents    
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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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Regional Land Claims Commissioners (RLCC)
Commissioner Province Contact
Linda Faleni Eastern Cape 043 743 3842
Sugar Ramakarane Free State and Northern Cape 051 403 0700
Act. Tozi Gwanya Gauteng and North West 012 310 6500
Mashile Mokono Limpopo 015 287 0800
Peter Mhangwani Mpumalanga 013 755 8100
Act. Linda Faleni 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