commission on restitution of land rights

COMMISSION ON RESTITUTION OF LAND RIGHTS

Land: Key to Growth and Socio-Economic Development

RESTITUTION UPDATE:ANNUAL REPORT TO 31 MARCH 2003 AND PROGRESS TO DATEPORTFOLIO COMMITTEE ON AGRICULTURE AND LAND AFFAIRS


ELEMENTS OF LAND REFORM PROGRAMMELand Policy in South Africa is captured in the White Paper, which record the history of dispossession and the skewed land ownership in SA.

Redistribution aims to provide the disadvantaged and the poor with access to land for residential and productive purposes. Its scope includes the urban and rural very poor, labour tenants, farm workers as well as new entrants to agriculture (81:13% the White: Black land ownership ration debate)


ELEMENTS OF LAND REFORM PROGRAMMELand Restitution covers cases of forced removals which took place after 1913. They are being dealt with by a Land Claims Court and Commission established under the Restitution of Land Rights Act, 22 0f 1994 (redress).

Land Tenure Reform is being addressed through a review of present land policy, administration and legislation to improve the tenure security of all South Africans and to accommodate diverse forms of land tenure, including types of communal tenure (ownership)


RESTITUTION STRATEGIC OBJECTIVE Access to Land and redress for dispossessions

Research and Settlement of Urban and Rural Claims

Post Settlement Support Sustainable projects


RESTITUTION STRATEGIC OBJECTIVE

Integrated Development Approach to Restitution

ISRDP and URP

Effective Communication (Internal and External)


Settled Claims (Provincial Stats)Cumulative: 1995 to date


Province

Claims

Households

Beneficiaries

Hectares

E CAPE

12401

25 770

108662

27994

F STATE

1257

14 534

14534

43315

GAUTENG

7059

7783

41112

3453

KZN

8680

18663

105983

118676

MPLANGA

542

9524

47554

233979

N WEST

1194

9007

50392

68250

N CAPE

460

3127

25596

234282

LIMPOPO

11000

11454

63407

48602

W CAPE

6994

9034

61470

3097

TOTAL

39 687

96306

518710

781648

CUMULATIVE STATISTICS ON SETTLED RESTITUTION CLAIMS1995 31 JULY 2003


Settled Claims (Provincial Stats)Cumulative: 1995 to date(Finance)


Province

Land Cost (R)

Financial Compensation (R)

RDG

SPG

TOTAL (R)

E CAPE

194,582,381

413,635,388

42,561,000

20,429,280

671,208,049.68

F STATE

11,514,816

10,620,900

3,987,000

1,612,421

27,735,137.68

GP

30,045,287

230,460,120

1,524,000

777,000

262,806,407

KZN

140,654,353

372,776,764

28,701,000

9,746,805

558,033,923

MPUM

116,443,198

16,854,000

14,112,000

6,773,760

154,182,958

N WEST

85,0000,224

26,280,000

28,014,000

13,353,922

152,648,146

N CAPE

56,944,012

4,742,606

9,658,000

2,548,800

73,893,418

LIMP

103,319,226

27,186,597

22,035,000

6,470,860

159,011,683

W CAPE

8,096,187

222,441,773

15,284,000

527,772

246,390,732

TOTAL

746,599,684

1,324,998,151

165,876,000

62,240,622

2,305,910,457


SUMMARY

RESTITUTION

STATE FUNDING

STANDARD ITEMALLOCATION 2002/03ALLOCATION 2003/04ALLOCATION 2004/05

Transfer Payments *311,803,000701,826,000775,236,000

Professional and Special Services12,994,00071,775,00047,701,000

Equipment1,841,0003,075,0003,260,000

Inventory2,170,0003,200,0003,392,000

Administrative15,426,00016,170,00025,429,000

Personnel49,267,00058,868,00084,779,000

TOTAL393,501,000854,914,000939,797,000

* Transfer payments are for land acquisition, financial compensation and development

grants in settlement of the claims.

SUMMARY

ALLOCATION 2002/03

ALLOCATION 2003/04

ALLOCATION 2004/05

SUMMARY FOR 2002/03 - 2004/05 FINANCIAL YEARS

2002-03

RESTITUTIONSTANDARD ITEMORIGINAL ALLOCATIONADJUSTED ALLOCATIONEXPENDITURE



Equipment1,098,0001,841,0001,840,643

Inventory1,858,0002,170,0002,169,158

Administrative17,129,00015,426,00015,239,907

Personnel50,558,00049,267,00048,960,425

TOTAL391,301,000393,501,000392,745,039

STATE FUNDING

STANDARD ITEMORIGINAL ALLOCATIONADJUSTMENTADJUSTED ALLOCATIONEXPENDITURE

Transfer Payments *295,603,00016,200,000311,803,000311,541,883

Professional and Special Services25,055,000-12,061,00012,994,00012,993,023

Equipment1,098,000743,0001,841,0001,840,643

Inventory1,858,000312,0002,170,0002,169,158

Administrative17,129,000-1,703,00015,426,00015,239,907

Personnel50,558,000-1,291,00049,267,00048,960,425

TOTAL391,301,0002,200,000393,501,000392,745,039

* Transfer payments are for land acquisition, financial compensation and development grants in settlement of the claims.

It can be deduced from the table above that the amount allocated to the Restitution programme was insufficient

as numerous adjustments had to be made to ensure maximum delivery. Due to the Restitution program's successful

track record, additional funding has been secured for the 2003/04 financial year and the ensuing years.

2002-03

000

000

000

000

000

000

000

ORIGINAL ALLOCATION

ADJUSTED ALLOCATION

EXPENDITURE

FINANCIAL REPORT : 2002/2003

2003-04

RESTITUTION

STATE FUNDING

STANDARD ITEMALLOCATIONEXPENDITURE AT 31 JULY 2003

Transfer Payments *701,826,000174,849,448

Professional and Special Services71,775,0004,569,081

Equipment3,075,000192,740

Inventory3,200,000300,990

Administrative16,170,0006,556,946

Personnel58,868,00017,293,955

TOTAL854,914,000203,763,160

* Transfer payments are for land acquisition, financial compensation and

development grants in settlement of the claims.

2003-04

00

00

00

00

00

00

00

ALLOCATION

EXPENDITURE AT 31 JULY 2003


2004-05

RESTITUTION

STATE FUNDING

STANDARD ITEMALLOCATIONADJUSTED ALOCATION


Professional and Special Services79,000,00047,701,000#

Equipment3,260,0003,260,000

Inventory3,392,0003,392,000

Administrative17,080,00025,429,000#

Personnel61,829,00084,779,000#

TOTAL939,797,000939,797,000

* Transfer payments are for land acquisition, financial compensation and development grants

in settlement of the claims.

The financial allocation for the 2004/05 financial year is inadequate

by an estimated R500 million.

# The increase in Personnel and Administrative Expenditure to the amount of R 31,300,300

is due to the increase of Personnel (150 posts ) as per Treasury approval dated 16 July 2003.

2004-05

00

00

00

00

00

00

00

ALLOCATION

ADJUSTED ALOCATION

FINANCIAL ALLOCATION : 2004/05


SUMMARY

RESTITUTION

STATE FUNDING




Equipment1,841,0003,075,0003,260,000

Inventory2,170,0003,200,0003,392,000

Administrative15,426,00016,170,00025,429,000

Personnel49,267,00058,868,00084,779,000

TOTAL393,501,000854,914,000939,797,000



SUMMARY

ALLOCATION 2002/03

ALLOCATION 2003/04

ALLOCATION 2004/05


2002-03




Equipment1,098,0001,841,0001,840,643

Inventory1,858,0002,170,0002,169,158

Administrative17,129,00015,426,00015,239,907

Personnel50,558,00049,267,00048,960,425

TOTAL391,301,000393,501,000392,745,039

STATE FUNDING




Equipment1,098,000743,0001,841,0001,840,643

Inventory1,858,000312,0002,170,0002,169,158

Administrative17,129,000-1,703,00015,426,00015,239,907

Personnel50,558,000-1,291,00049,267,00048,960,425

TOTAL391,301,0002,200,000393,501,000392,745,039





2002-03

ORIGINAL ALLOCATION

ADJUSTED ALLOCATION

EXPENDITURE


2003-04

RESTITUTION

STATE FUNDING




Equipment3,075,000192,740

Inventory3,200,000300,990


Personnel58,868,00017,293,955

TOTAL854,914,000203,763,160



2003-04

00

00

00

00

00

00

00

ALLOCATION



2004-05

RESTITUTION

STATE FUNDING




Equipment3,260,0003,260,000

Inventory3,392,0003,392,000


Personnel61,829,00084,779,000#

TOTAL939,797,000939,797,000





2004-05

ALLOCATION

ADJUSTED ALOCATION



SUMMARY

RESTITUTION

STATE FUNDING




Equipment1,841,0003,075,0003,260,000

Inventory2,170,0003,200,0003,392,000

Administrative15,426,00016,170,00025,429,000

Personnel49,267,00058,868,00084,779,000

TOTAL393,501,000854,914,000939,797,000



SUMMARY

ALLOCATION 2002/03

ALLOCATION 2003/04

ALLOCATION 2004/05


2002-03




Equipment1,098,0001,841,0001,840,643

Inventory1,858,0002,170,0002,169,158

Administrative17,129,00015,426,00015,239,907

Personnel50,558,00049,267,00048,960,425

TOTAL391,301,000393,501,000392,745,039

STATE FUNDING




Equipment1,098,000743,0001,841,0001,840,643

Inventory1,858,000312,0002,170,0002,169,158

Administrative17,129,000-1,703,00015,426,00015,239,907

Personnel50,558,000-1,291,00049,267,00048,960,425

TOTAL391,301,0002,200,000393,501,000392,745,039





2002-03

ORIGINAL ALLOCATION

ADJUSTED ALLOCATION

EXPENDITURE


2003-04

RESTITUTION

STATE FUNDING




Equipment3,075,000192,740

Inventory3,200,000300,990


Personnel58,868,00017,293,955

TOTAL854,914,000203,763,160



2003-04

ALLOCATION



2004-05

RESTITUTION

STATE FUNDING




Equipment3,260,0003,260,000

Inventory3,392,0003,392,000


Personnel61,829,00084,779,000#

TOTAL939,797,000939,797,000





2004-05

ALLOCATION

ADJUSTED ALOCATION


Settled Claims Cumulative: 1995 to date


RESTITUTION CLAIMS SETTLED PER FINANCIAL YEAR

Fin Year

Claims

Households

Beneficiaries

Hectares

Total Award Cost

1996/1997

1

350

2100

2420

5,045,372.00

1997/1998

6

2589

14951

31108

15,568,746.00

1998/1999

34

569

2360

79391

2,988,577.10

1999/2000

3875

10100

61478

150949

155,045,907.00

2000/2001

8178

13777

83772

19358

321,526,061.00

2001/2002

17783

34860

167582

144111

994,168,313.25

2002/2003

6809

21416

111759

89573

402,717,408.17

2003/2004

April - July

3001

12645

74708

264708

408,850,0734.00

TOTAL

39687

95306

518710

781648

2,305,910,457.47

EMBED Word.Picture.8

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CUMULATIVE STATISTICS ON SETTLED RESTITUTION CLAIMS1995 31 JULY 2003(Cont)The above statistics have been compiled based on the information reflected in the Database of Settled Restitution Claims.In order to improve the accuracy of our statistics, the Database of Settled Restitution Claims has been subjected to a process of internal auditing. (Project Basisa)


JUNE LAND MONTH- 200390 Years since Native Land Act of 19 June 1913 promulgated.National Land Hand over celebrations in June to mark Land delivery through restitution todate.More than 20 000 hectares handed over in June 2003.Appreciate support from Portfolio Committee members who gave us support.See Focus on Land Month


RESTITUTION CHALLENGESLate Lodgment of claimsPeople who did not lodge their claims.

Difficult Rural ClaimsMost of rural claimants are illiterate.Construction of family trees.Ex-homeland areas unregistered and un-surveyed rights.Not titles/maps.Identity documents, death certificates, marriage certificates, affidavits.


RESTITUTION CHALLENGESExorbitant Land Prices and unco-operative White FarmersMarket-based land reform.Negative attitude and hostility.

Protracted Negotiations, Disputes and MediationAgreement.Validity of the claim.Land use


RESTITUTION CHALLENGESPoverty and Financial CompensationLand appreciates in value.Land is a factor of production.Land can be passed on.Land marks the dignity.

Agricultural DevelopmentLack of technical skills.Business skills.Organizational skills.Development planning skillsFinancing and financial management.


RESTITUTION CHALLENGESHousing DevelopmentBudget constraints of Municipalities.Land for housing development.Rural housing.Inadequate capacity

Integrated Development Planning and Rural LivelihoodsCo-operative governance.


RESTITUTION CHALLENGESFunding for Restitution

R1.2 billion to finalize claims prioritized for this year.

Role for Donor agencies to support restitution.


Challenges and Critical Issues for ISRDP-URP ImplementationThe municipalities` IDP formulation processes tend not to integrate land reformPoor or lack of coordination during prioritization processLimited capacity within RLCC to deal with divergent priorities as demands arise


Challenges and Critical Issues for ISRDP-URP Implementation(Cont)The long process taken to resolve claims perceived as stumbling block to developmentLack of resources (financial, human, physical) for municipalities to complement Restitution awards as well as capacity to implement the agreed projects.


Challenges and Critical Issues for ISRDP-URP Implementation(Cont)Align priorities to include current municipal ISRDP and URP anchor projects.The institutional frameworks for Post Settlement processes.Resource Mobilization and Donor Support for sustainable development.Project Management skills for beneficiaries (Capacity building)


RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB)(Expropriation)GAZETTE NO. 25217 OF 25 JULY 2003


RESTITUTION OF LAND RIGHT AMENDENT BILLPurpose

Limitations of the current legislations

The Amendment


RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB)(Expropriation)Purpose of the Bill

To empower the Minister of Land Affairs to purchase, acquire in any other manner or expropriate land, a portion of land or a right in land for the purposes of the restoration or award of such land, portion of land or rights in land to a claimant or for any other land reform purpose.


RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB)(Expropriation)(b).To deal with the inadequacies of the current legislationSection 35 (5A) no need to get agreement of all parties before expropriation.Section 42D(1)(d) no need to get a Court Order before expropriation.Expropriation Act, No.63 of 1975 empowers only the Minister of Public Works to expropriate for a public purpose (roads, bridges, dams, schools, etc.). The Amendment empowers the Minister of Land Affairs to expropriate for Land reform purposes.Section 24(3) of the Constitution provides for expropriation for Land reform (public interest) purposes.


RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB)(Expropriation)( c ). Just and Equitable Compensation

Those expropriated will be compensated fairly based on market values.

Have recourse (Court) if unhappy with amount of compensation. (Constitutional right)


RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB)(Expropriation)(d). Process and Progress to date (RLRAB)Call for comment from all interested parties made on 9 May 2003. (Gazette Notice 1331 No. 24823)Comments received and evaluated of 20 June 2003.Well attended Expropriation Amendment Bill Indaba at Burgerspark Hotel in Pretoria on 26 June 2003 discussed comments.Technical Team met with Deputy Minister to consider comments and inputs from Indaba, make final draft, submit to Cabinet.


RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB)(Expropriation)Bill endorsed by Cabinet and State Law Advisers.

Public Hearings by Portfolio Committee on Agriculture and Land Affairs planned for 25 and 26 August 2003.


COMMISSION ON RESTITUTION OF LAND RIGHTS

I THANK YOU

Presented by:Mr. T T GwanyaChief Land Claims CommissionerPrivate Bag X833PRETORIA0001Tel. (012) 312 9244Fax: (012) 321 0428E-mail: [email protected]

Website address

www.land.pwv.gov.za


commission on restitution of land rights

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