LAND RIGHTS MANAGEMENT FACILITY PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM 2 March

 Overview of the Land Rights Management Facility (LRMF)  Key deliverables and outcomes  Legal and mediation services panel  Trends and outcomes of land tenure, restitution and communal property institutions  Project funds  Lessons and recommendations Presentation Outline 2

Introduction and Background  State responsibility to provide legal representation in the context of land rights;  To facilitate the provision of specialised legal and mediation services to indigent individuals and communities who are faced with the violation of their rights and livelihoods;  To regularise and support dysfunctional CPIs; and to administer legal and mediation assistance approved by the Chief Land Claims Commissioner in terms of the Restitution of Land Rights Act 22 of 1994;  To build a network of human rights lawyers and mediators who specialise in the field of land rights; and  To promote the rule of law and strengthen democracy. 3

Functioning of LRMF  Maintaining and updating the panels of lawyers and mediators;  Receiving legal and mediation case referrals from the Department;  Referring cases and matters to members of the legal and mediation panels on the instructions of the Department;  Monitoring the progress of cases referred, the performance of panel members and the outcome of cases in relation to the objective of providing adequate legal and mediation services to indigent land reform beneficiaries;  Administering the panel funds provided by the Department for this purpose and assessing and paying the accounts of members of the panels on behalf of the Department;  Designing and conducting an appropriate training programme to educate panel members to improve their skills and capacity and an appropriate skills transfer programme for officials of the Department; and  Reporting on case status, project status and financial status of LRMF. 4

Key DeliverablesOutcomes 1.Panels Maintaining and updating the panels of lawyers and mediators; 172 panel members appointed across the 9 provinces of South Africa 100 legal service panel members 72 mediation service panel members Substantial national reach Range of experience and expertise Equitable race and gender composition 2. Case referrals Receiving legal and mediation case referrals from the Department; 1830 cases administered since 1 January new referrals (653 Land Tenure; 86 Restitution; 44 CPIs) 3. Monitoring Monitoring the progress of cases referred, the performance of panel members and the outcome of cases in relation to the objective of providing adequate legal and mediation services to indigent land reform beneficiaries; Review of monthly case progress reports from panellists; Bi-monthly review meetings between CTH and the DRDLR; Provincial review meetings with panellists and DRDLR officials; LRMF management information system (case monitoring of each matter); Review of panellist attendances in line with case scope and progress; Bi-monthly case status reports to the DRDLR; Quarterly project executive meetings with DRDLR; Quarterly project status reports to DRDLR. 5

Key DeliverablesOutcomes 4. Panel funds Administering the panel funds provided by the Department for this purpose and assessing and paying the accounts of members of the panels on behalf of the Department; Comprehensive financial management system for the receipt, assessment, authorisation and electronic payment of panel invoices. Case budgets and review; invoices processed since 1 January 2013; Independent cost consultant services; Application of agreed LRMF tariff ; Monthly financial reports to DRDLR; Quarterly financial reports to DRDLR; Annual independent audit of panel funds. 5. Training and skills transfer Designing and conducting an appropriate training programme to educate panel members to improve their skills and capacity and an appropriate skills transfer programme for officials of the Department; Specialised training and development material and programmes developed and implemented; 289 panel members and 649 officials attended various LRMF training and skills development programmes, workshops and seminars; Established partnership with Law Society LEAD programme; 11 training and skills development programmes delivered; 53 reviews, seminars and workshops. 6. Reporting Reporting on case, project and financial status of the land rights management facility Monthly case progress reports from panellists; Bi-monthly case status reports to DRDLR; Monthly financial status reports to DRDLR; Quarterly project and financial status reports to DRLDR; Annual project audit report to DRDLR. 6

172 legal and mediation service panellists 7

Since 1 January 2013, 1830 matters were dealt with by the project. A provincial breakdown of these cases is set out below. 8

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As at 31 December 2015, 982 pending matters across all focus areas 10

Land tenure security matters represented the bulk of cases, with 1397 matters administered by the LRMF since 1 January Pending matters 11

There were 653 new land tenure referrals since 1 January As at 31 December 2015, 734 cases were active and pending. 12

Land tenure – case categories 13

Land tenure case forums 14

Municipal hotspots per province 15

Top eight hotspot municipalities Municipalities with highest no of referrals Pending matters as at 01/01/2013 New Referrals 2013 to 2015 Total % Increase over 3 years 1 Newcastle LM % 2 Dihlabeng LM % 3 Breede Valley LM % 4 Emadlangeni LM % 5 Emnambithi LM % 6 uMngeni LM % 7 Mogale City LM % 8 Drakenstein LM % 16

- Percentage success rate per category Matter Outcomes – 675 closed matters 17

land tenure beneficiaries (TBC) 18

177 CPA matters administered from 1 January 2013 to 31 December

There are 61 CPA matters active and pending as at 31 December

CPA finalised matters 112 CPA matters have been finalised 21

CPA beneficiaries There are beneficiaries in CPA matters (TBC) 22

218 restitution matters were administered from 1 January 2013 to 31 December

There are currently 175 active and pending restitution matters as at 31 December

The courts in which LRMF restitution matters are currently located are set out below 25

restitution beneficiaries (TBC) 26

Project Funds Legal and mediation panel funds – Income and expenditure Income and expenditure items December 2012 to December 2015 Opening balance 1,140,552 Income 193,523,048 DRDLR fund transfers 189,958,837 Interest received 3,564,211 Expenditure 194,034,147 Expenditure from legal and mediation panel funds 190,596,896 Interest paid to DRDLR 3,437,250 Balance at 31 December ,454 Fund portion 555,140 Interest portion 74,314 27

Project Funds Legal and mediation panel funds – Monthly breakdown of funds disbursed 28

Project Finances Contingency liability assessment Contingent Liability Assessment: 31 December 2015 Land tenure R68,650,173 CPI matters R7,029,422 Restitution matters R44,961,727 Total R120,641,322 29

 Land rights awareness  Land reform legislation - statutory interpretation and certainty  Enforcement of criminal provisions  Compulsory alternative dispute resolution (ADR)/mediation promotion strategy  CPI capacity and resourcing  DRDLR capacity and resourcing  Intergovernmental coordination  Panel experience and expertise  Panel reach and responsiveness  Case monitoring and tracking  Speeding up litigation Lessons and Recommendations 30

Thank You Kea Leboga Enkosi Baie Dankie Ngiyabonga 31