Report on the work of the Land Rights Management Facility

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Presentation transcript:

Report on the work of the Land Rights Management Facility Presentation to the Portfolio Committee on Rural Development and Land Reform 09 November 2016

TABLE OF CONTENTS Overview of the rationale Background National trends Types of cases Provincially District Expenditure Future plans New Service Provider

1. OVERVIEW OF RATIONALE In the Nkuzi Development Association case the Department of Rural Development and Land Reform was required to provide legal representation to indigent farm-dwellers and labour tenants. Attempts to provide that legal representation through the Legal Aid Board were unsuccessful. The Department took a decision to establish its own facility. The Land Rights Management Facility (LRMF) was thus established in 2012.

2. BACKGROUND Farm-dwellers find protection from arbitrary evictions from either the Extension of Security of Tenure Act or the Land Reform Labour Tenants Act. Our current legislative framework does not prohibit evictions. It is only arbitrary evictions that are prohibited. The LRMF is there to ensure that no farm-dweller goes to court without adequate legal representation.

3. NATIONAL TRENDS At the moment the Land Rights Management Facility is dealing with 776 land rights matters. At the time of the transition from the old Service Provider to the current one there were 692 pending cases. Since the appointment of Service Provider we have received 84 new matters.

3. NATIONAL TRENDS…2

3. NATIONAL TRENDS…3

4. PROVINCIAL TRENDS 4.1. EASTERN CAPE 6 land rights cases were reported from this province. Legal representation was provided in all cases 2 legal and 2 illegal cases were resolved through mediation

4. PROVINCIAL TRENDS…2 4.2. FREE STATE 20 eviction cases were reported from this province. Legal representation was provided in all cases 1 illegal eviction and 1 livestock cases were resolved through mediation

4. PROVINCIAL TRENDS…3 4.3. GAUTENG 98 land rights cases were reported from this province. Legal representation was provided in all cases 4 illegal eviction cases and 3 threatened eviction were resolved through mediation

4. PROVINCIAL TRENDS…4 4.4. KWAZULU-NATAL 326 land lights cases were reported from this province. Legal representation was provided in all cases 1 burial dispute, Illegal eviction, 19 labour dispute and 4 livestock cases were resolved through mediation.

4. PROVINCIAL TRENDS…5 4.5. LIMPOPO 24 land rights cases were reported from this province. Legal representation was provided in all cases 4 cases were resolved through mediation

4. PROVINCIAL TRENDS…6 4.6. MPUMALANGA 129 land rights cases were reported from this province. Legal representation was provided in all cases 6 legal eviction matters were resolved through mediation.

4. PROVINCIAL TRENDS…7 4.7. NORTHERN CAPE 3 land rights cases were reported from this province. Legal representation was provided in all cases

4. PROVINCIAL TRENDS…8 4.8. NORTH WEST 21 land rights cases were reported from this province. Legal representation was provided in all cases 3 legal eviction cases were resolved through mediation

4. PROVINCIAL TRENDS…9 4.9. WESTERN CAPE 149 land rights cases were reported from this province. Legal representation was provided in all cases 2 legal and 2 illegal cases were resolved through mediation.

5. DISTRICT TRENDS The districts with the highest number of land rights cases are Stellenbosch in the Western Cape, Maluti-A-Phofung in the Free State, Amajuba in KwaZulu Natal and Gert Sibande in Mpumalanga have the highest number of illegal evictions. The central areas of the Western Cape, the northern areas of Northern Cape, eastern areas of Limpopo, western areas of the Free State and the western areas of North West experienced the least number of land rights violation cases.

6. EXPENDITURE MONTH AMOUNT August 2016 R544 352.03 September 2016 October 2016 R8 769 985.60 TOTAL EXPENDITURE R11 773 456.57

7. FUTURE PLANS We identified monitoring as an area that need for urgent attention. When lawyers and mediators are appointed they a given Letters of Instruction. They are also required to present a plan and a budget linked to that plan. In the past monitoring was confined to interaction between the DRDLR, the LRMF and the appointed panelist. The new service provider has recommended that we should include the affected occupier in the monitoring and evaluation circle. Making regular engagements with the affected occupiers will eliminate the complains that are received from occupiers after the fact.

8. NEW SERVICE PROVIDER Maenetja Attorneys was awarded a tender to manage the LRMF for a two year period starting 01 July 2016. The firm was established in 2003 by two black attorneys who have over 20 years experience in legal practice. Amongst others the firm has the following divisions: labour law, commercial law, trusts, corporate law, conveyancing and notary public. The firm is 100% black owned and its employee demographics are representative of the SA population. Maenetja Attorneys has its offices in Pretoria and a satellite office in Polokwane

THANK YOU