Portfolio Committee on Rural Development and Land Reform 6 April 2016 Ms N Ntloko-Gobodo – Chief Land Claims Commissioner

BACKGROUND Towards an Autonomous Entity the Commission on Restitution of Land Rights is submitting a stand- alone Annual Plan for 2016/17 to Parliament. However, as the Commission is still a programme within the Department of Rural Development and Land Reform, the high level performance targets are contained within the DRDLR APP and mutually aligned.

SITUATIONAL ANALYSIS Situational context of the CRLR derived from the outcome of four studies: – Regulatory Impact Assessment – Department of Performance Monitoring and Evaluation in the Presidency; – Government Technical Assistance Component in National Treasury; – South African Human Rights Commission report titled “Monitoring and Investigating the Systemic Challenges Affecting the Land Restitution Process in South Africa”.

SITUATIONAL ANALYSIS Broadly, the outcome and recommendations: – Establish an autonomous CRLR and clarify mandate(s) and role of the CRLR vis-à-vis the DRDLR – Ensure that proper delegations are in place to ensure that the CRLR takes up their responsibilities fully – Develop detailed Standard Operating Procedures based on Business Processes; – Rationalise various project management, reporting and monitoring systems; – Enhance the human resource capacity, including training (especially on research) – Broaden the monitoring and evaluation system to measure intermediate outputs – Reconsider the budget requirements as well as the budget structure

SITUATIONAL ANALYSIS Performance delivery environment As at 31 November 2015, claims had been settled of which were finalised. The settlement of claims has resulted in the award of 3,290,685 hectares of land, at a cost of R19,291,888,564.05, to qualifying claimants, of which 1,444 million hectares have been transferred to beneficiaries. The restitution programme has benefitted 1,94 million individuals who are members of households. Of these 136,968 households are female headed households and 885 are headed by persons with disability. PROVISIONAL (not audited) performance for the 2015/16 year shows that the Commission had achieved all it’s APP targets. The Commission has spent its entire budget every financial year since 2007/08 financial year. A total of 144, 112 new land claims have been lodged since the re-opening of land claims on 1 July These claims were lodged in 14 lodgement offices of the CRLR, and in 6 mobile lodgement offices of the Commission. As at 31 December 2016 we had land claims lodged by 31 December 1998 awaiting finalisation and at various stages in the business process (statistics to be updated after M&E audits).

SITUATIONAL ANALYSIS Organisational environment Organisational establishment 15 offices throughout the country with representation in at least one location per province. Its offices are occupied by 763 staff members. Due to the considerable cut in the budget for compensation of employees, only unequivocally critical posts can be filled over the Medium Term Expenditure Framework (“MTEF”).

SITUATIONAL ANALYSIS Organisational environment Organisational establishment As from 1 April 2015, these offices were supplemented by six (6) mobile lodgement offices, two (2) that have specifically been designed for access to rugged rural areas. A total of 58 key posts were filled during the financial year 2015/2016, the majority of which were to provide capacity to the mobile lodgement offices. Given the drastic reduction in the Compensation of Employees budget throughout the DRLR, also impacting on the CRLR, the allocation of human resources will have to be reconsidered in order to redirect the scare resources to areas where service delivery is required.

SITUATIONAL ANALYSIS Macro organisation

LEGISLATIVE MANDATES Constitution of the Republic of South Africa, 1996 Mandate derived from section 25 (7) which states that a “person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress”. Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) “To provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith”.

LEGISLATIVE MANDATES On 30 June 2014, the President assented to the Restitution of Land Rights Amendment Act, 2014 (Act No. 15 of 2014), which came into operation on 1 July 2014 and is in full swing. Policy initiatives Policy on Exceptions to the 1913 Natives Land Act cut-off date to accommodate the descendants of the Khoi and San, Heritage Sites and Historical landmarks.

OVERVIEW OF 2016 BUDGETS AND MTEF ESTIMATES Expenditure Analysis R thousandsPast Adjusted allocation Projected 2012/132013/142014/152015/162016/172017/182018/19 Restitution National Office38,786160,048622,56259,303217,546233,467239,254 Restitution Regional Office356,416388,073610,128427,356437,740490,006522,577 Restitution Grants2,470,5322,288,5812,260,9002,116,0102,512,9222,622,5622,783,371 Total2,865,7342,836,7022,997,9372,602,6693,168,2083,346,0353,545,202 R thousandsPastAdjusted allocationProjection 2012/132013/142014/152015/162016/172017/182018/19 Compensation of Employees 177,806216,914255,323312,321336,637369,315395,835 Goods & Services147,570270,768192,660159,494310,927347,032358,457 Transfers and Subsidies 2,470,5682,278,6002,278,7292,124,8272,518,1852,622,8862,783,714 Capital assets27,18362,967264,8435,7272,4592,5762,725 Financial Assets6,9372,0751, Total2,865,7342,836,7022,997,9372,602,6693,168,2083,346,0353,545,202

MULTI-YEAR PERFORMANCE OVERVIEW Programme 4: Restitution Purpose: Settle and finalise land restitution claims under the Restitution of Land Rights Act (Act 22 of 1994). Strategic Objectives, Performance Indicators and Annual Targets for 2016/17 Strategic Objective Statement Performance indicatorAudited/Actual Performance Estimated performance Medium-term targets 2012/132013/142014/152015/162016/172017/182018/ Facilitate the restoration of land rights or alternative forms of equitable redress by 2020 Number of land claims settled Number of land claims finalised Number of phased projects approved New indicator Number of claims lodged by 1998 to be researched New indicator 1,5252,6601,5303,098-

QUARTERLY PERFORMANCE TARGETS Performance Indicator Reporting Period Annual target Quarterly Targets 1st2nd3rd4th Number of land claims settled Quarterly Number of land claims finalised Quarterly Number of phased projects approved Quarterly Number of claims lodged by 1998 to be researched Quarterly1,

LINKS TO OTHER PLANS The APP is guided by the Strategic Plan , which in turn is guided by and aligned with the 2014–2019 MTSF, more especially Outcome 7, which aims to achieve “vibrant, equitable and sustainable rural communities”. Sub-outcome 2 aims to ensure that Sustainable Land Reform contributes to agrarian transformation. The CRLR Strategic Plan is aligned with the DRDLR Strategic Goal 7, dealing with “Restoration of Land Rights” with the goal statement being “Restoration of land rights or equitable redress to those dispossessed of rights in land as a result of past racially discriminatory laws or practices, and solicitation and receipt of new claims for restitution of land rights, by 31 June 2019”.

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