Land: Key to Growth and Socio- Economic Development 1 COMMISSION ON RESTITUTION OF LAND RIGHTS

Land: Key to Growth and Socio- Economic Development 2 RESTITUTION UPDATE: ANNUAL REPORT TO 31 MARCH 2003 AND PROGRESS TO DATE PORTFOLIO COMMITTEE ON AGRICULTURE AND LAND AFFAIRS

Land: Key to Growth and Socio- Economic Development 3 ELEMENTS OF LAND REFORM PROGRAMME Land 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)

Land: Key to Growth and Socio- Economic Development 4 ELEMENTS OF LAND REFORM PROGRAMME Land Restitution covers cases of forced removals which took place after 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)

Land: Key to Growth and Socio- Economic Development 5 RESTITUTION STRATEGIC OBJECTIVE Access to Land and redress for dispossessions Research and Settlement of Urban and Rural Claims Post Settlement Support Sustainable projects

Land: Key to Growth and Socio- Economic Development 6 RESTITUTION STRATEGIC OBJECTIVE Integrated Development Approach to Restitution ISRDP and URP Effective Communication (Internal and External)

Land: Key to Growth and Socio- Economic Development 7 Settled Claims (Provincial Stats) Cumulative: 1995 to date

Land: Key to Growth and Socio- Economic Development 8 CUMULATIVE STATISTICS ON SETTLED RESTITUTION CLAIMS 1995 – 31 JULY 2003 LAND RESTORA TION FINANCIAL COMPENSA- TION ALTER- NATIVE REMEDY TOTAL NO. OF CLAIMS SETTLED % URBAN CLAIMS SETTLED RURAL CLAIMS SETTLED TOTAL

Land: Key to Growth and Socio- Economic Development 9 Settled Claims (Provincial Stats) Cumulative: 1995 to date(Finance)

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Land: Key to Growth and Socio- Economic Development 14 Settled Claims Cumulative: 1995 to date

Land: Key to Growth and Socio- Economic Development 15 CUMULATIVE STATISTICS ON SETTLED RESTITUTION CLAIMS 1995 – 31 JULY 2003(Cont…) 1.The above statistics have been compiled based on the information reflected in the Database of Settled Restitution Claims. 2.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)

Land: Key to Growth and Socio- Economic Development 16 JUNE LAND MONTH 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 hectares handed over in June Appreciate support from Portfolio Committee members who gave us support. See Focus on Land Month

Land: Key to Growth and Socio- Economic Development 17 RESTITUTION CHALLENGES 1.Late Lodgment of claims  People who did not lodge their claims. 2.Difficult Rural Claims  Most 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.

Land: Key to Growth and Socio- Economic Development 18 RESTITUTION CHALLENGES 3.Exorbitant Land Prices and unco-operative White Farmers  Market-based land reform.  Negative attitude and hostility. 4.Protracted Negotiations, Disputes and Mediation  Agreement.  Validity of the claim.  Land use

Land: Key to Growth and Socio- Economic Development 19 RESTITUTION CHALLENGES 5.Poverty and Financial Compensation  Land appreciates in value.  Land is a factor of production.  Land can be passed on.  Land marks the dignity. 6.Agricultural Development  Lack of technical skills.  Business skills.  Organizational skills.  Development planning skills  Financing and financial management.

Land: Key to Growth and Socio- Economic Development 20 RESTITUTION CHALLENGES 7.Housing Development  Budget constraints of Municipalities.  Land for housing development.  Rural housing.  Inadequate capacity 8.Integrated Development Planning and Rural Livelihoods  Co-operative governance.

Land: Key to Growth and Socio- Economic Development 21 RESTITUTION CHALLENGES 9.Funding for Restitution  R1.2 billion to finalize claims prioritized for this year.  Role for Donor agencies to support restitution.

Land: Key to Growth and Socio- Economic Development 22 Challenges and Critical Issues for ISRDP-URP Implementation The municipalities` IDP formulation processes tend not to integrate land reform Poor or lack of coordination during prioritization process Limited capacity within RLCC to deal with divergent priorities as demands arise

Land: Key to Growth and Socio- Economic Development 23 Challenges and Critical Issues for ISRDP-URP Implementation(Cont…) The long process taken to resolve claims perceived as stumbling block to development Lack of resources (financial, human, physical) for municipalities to complement Restitution awards as well as capacity to implement the agreed projects.

Land: Key to Growth and Socio- Economic Development 24 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)

Land: Key to Growth and Socio- Economic Development 25 RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) GAZETTE NO OF 25 JULY 2003

Land: Key to Growth and Socio- Economic Development 26 RESTITUTION OF LAND RIGHT AMENDENT BILL Purpose Limitations of the current legislations The Amendment

Land: Key to Growth and Socio- Economic Development 27 RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) (a)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.

Land: Key to Growth and Socio- Economic Development 28 RESTITUTION OF LAND RIGHTS AMENDMENT BILL (RLRAB) (Expropriation) (b).To deal with the inadequacies of the current legislation  Section 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.

Land: Key to Growth and Socio- Economic Development 29 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)

Land: Key to Growth and Socio- Economic Development 30 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 (Gazette Notice 1331 No )  Comments received and evaluated of 20 June  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.

Land: Key to Growth and Socio- Economic Development 31 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.

Land: Key to Growth and Socio- Economic Development 32 COMMISSION ON RESTITUTION OF LAND RIGHTS I THANK YOU Presented by: Mr. T T Gwanya Chief Land Claims Commissioner Private Bag X833 PRETORIA 0001 Tel. (012) Fax: (012) Website address