Commission on Restitution of Land Rights Briefing session on Annual Reports 2014/15 to the Portfolio Committee on Rural Development and Land Reform 14.

Commission on Restitution of Land Rights Briefing session on Annual Reports 2014/15 to the Portfolio Committee on Rural Development and Land Reform 14 October 2015

PURPOSE & STRATEGIC OBJECTIVES
The purpose of restitution programme is the settlement of land restitution claims in terms of the Restitution of Land Rights Act, 1994 (Act 22 of 1994). The Commission is responsible for investigating and processing restitution claims. The Commission also develops and coordinates restitution policies and oversees restitution court cases. Strategic Objective The strategic objective of the Commission is the restitution of rights in land or awards of alternative forms of equitable redress to claimants, within Medium Term Expenditure Framework budgetary allocation.

PURPOSE & STRATEGIC OBJECTIVES
Vision A Commission of excellence that ensures that effective, efficient and speedy redress is provided to victims of racially based land dispossessions. Mission We exist to provide redress to victims of racially motivated land dispossession, in line with the provisions of the Restitution of Land Rights Act, 1994 (Act No 22 of 1994), as amended.

SERVICE DELIVERY ACHIEVEMENTS
The Commission exceeded its targets by settling 428 new claims against a target of 379; finalising 372 claims against a target of 239; approving 119 projects against a target of 53; researching 1525 claims against a target of 1445; established 14 operational claims lodgment offices; and acquired 4 mobile lodgement offices. Beneficiaries per quarter were as follows: Quarter Beneficiaries Hectares Awarded Land Cost Financial Compensation Quarter 1 7860 484,445,585.30 37,390,494.29 Quarter 2 15543 421,531,371.45 106,847,990.15 Quarter 3 18377 246,224,357.25 Quarter 4 36820 610,228,968.80 TOTAL 78600 144406 R 1,777,514,536.86 R 1,000,691,810.49

PERFORMANCE AGAINST TARGETS
Strategic Objective Performance indicator Annual Target Achievement (Actual Performance) Variance Reason for variance Strategic Objective 1: Land Rights restored Number of land claims settled 379 428 +49 Additional financial resources were provided to the CRLR by the DRDLR Number of land claims finalised 239 372 +133 Number of phased projects approved 53 119 +66 Number of claims lodged by 1998 to be researched 1445 1525 +80 The research of claims lodged before 1998 cut-off date is key to the finalisation of those claims. Staff was motivated to research as many claims as possible. Strategic Objective 2: Lodgement of restitution land claims Number of lodgement offices functional 14 lodgement offices opened and functional 14 lodgement offices opened and functional reported in Q1 Target achieved Target was achieved

SUMMARY OF SETTLED CLAIMS
Province Rural Urban Dismissed HHs Beneficiaries FHHs Hectares Eastern Cape 71 8 1 3383 20603 864 1342 Free State 218 1094 112 Gauteng 2 677 2755 294 KwaZulu-Natal 34 25 2340 16012 1086 29512 Limpopo 19 16 1952 7242 912 19701 Mpumalanga 1557 9910 481 25261 Northern Cape 11 1155 5482 330 38006 North West 7 27 2725 10611 1515 28139 Western Cape 5 189 1450 4891 649 2445 TOTAL 187 241 53 15457 78600 6244 144406

Province Land Cost Financial Compensation Total Award Eastern Cape 549,000.00 418,267,875.94 418,816,875.94 Free State 0.00 48,267,149.92 Gauteng 38,348,212.74 KwaZulu-Natal 839,922,865.03 212,831,262.22 1,052,754,127.25 Limpopo 368,071,505.85 45,537,286.68 413,608,792.53 Mpumalanga 211,779,602.10 31,759,016.39 243,538,618.49 Northern Cape 68,411,969.03 31,131,768.41 99,543,737.44 North West 285,115,444.85 72,362,486.03 357,477,930.88 Western Cape 3,664,150.00 102,186,752.16 105,850,902.16 TOTAL R 1,777,514,536.86 R 1,000,691,810.49 R 2,778,206,347.35

FINANCIAL PERFORMANCE

FINANCIAL PERFORMANCE
The total financial value of the claims that were approved during the period under review is R 2,778,206, The total expenditure was R The expenditure included expenditure on backlog claims, which were approved in previous financial years where payments had not yet taken place. Expenditure per category for the period 1 April 2014 to 31 March 2015 is as follows:

Land Purchase & Land and Subsoil Financial Compensation
EXPENDITURE PER ITEM Office Land Purchase & Land and Subsoil Conveyancers Re-Cap/Grants Financial Compensation TOTAL Eastern Cape Free State Gauteng Kwazulu Natal Limpopo Mpumalanga Northern Cape North West Western Cape 1 350 Total

EXPENDITURE PER ITEM

EXPENDITURE: NEW vs BACKLOG CLAIMS
Province Expenditure - Claims approved prior 2014 Expenditure - Claims approved in 2014/15 Total Expenditure Eastern Cape Free State Gauteng Kwazulu Natal Limpopo Mpumalanga North West Northern Cape Western Cape TOTAL

EXPENDITURE: TOTAL BUDGET 2014/15
Province Budget Expenditure Available budget % Exp Eastern Cape 15 244 100% Free State Gauteng -1 124 KwaZulu Natal Limpopo 83 029 Mpumalanga Northern Cape 39 430 North West Western Cape National Office 99% Total

EXPENDITURE: TOTAL BUDGET

EXPENDITURE: SUB PROGRAMME
Adjusted Appropriation R’000 Shifting of funds Virement Final Appropriation Actual Expenditure Variance % Resitution National office - 642 99% Restitution Regional Office 1 100% Restitution Grants 162 Total 805

EXPENDITURE: ACTUAL EXPENDITURE PER SUB PROGRAMME

EXPENDITURE: PROJECT IMPLIMENTATION
Province Budget Expenditure Available budget % Exp Eastern Cape 755 100% Free State 709 Gauteng 92 KwaZulu Natal 2 843 Limpopo -127 Mpumalanga 2 270 Northern Cape 629 North West 2 679 Western Cape Total: PROJ

EXPENDITURE: PROJECTS PER PROVINCE

EXPENDITURE: COMPENSATION OF EMPLOYEES
Province Budget Expenditure Available budget % Exp Eastern Cape 4 901 100% Free State 6 403 Gauteng 4 669 KwaZulu Natal 5 709 Limpopo 7 380 Mpumalanga 4 539 Northern Cape 5 525 North West 5 465 Western Cape 4 772 National Office 22 250 Total: COE 71 613

EXPENDITURE: GOODS AND SERVICES
Province Budget Expenditure Available budget % Exp Eastern Cape 42 920 100% Free State 19 905 99% Gauteng 35 621 KwaZulu Natal 33 107 Limpopo 33 915 Mpumalanga 34 560 Northern Cape 31 250 North West 27 800 Western Cape 34 475 National Office Total G&S

EXPENDITURE: PER STANDARD ITEM

AUTONOMY

THE AUTONOMY PROGRAMME
The Autonomy programme is a process of transforming the Commission into an efficient, cost effective organisation that improves the experience of our constituents, of which becoming autonomous (“being a separate public entity”) is but one project

AUTONOMY PROCESS Institutional structure
Mandate Decision making and delegations Business Process and SOPs Institutional structure Financial, HR and organisational processes MIS for Monitoring and Evaluation

Scheduling of Autonomy Programme
Mandate and strategy Short term/ critical Medium term / transitional Long term Legal opinion on mandate - DONE Post settlement - systematic resolution of position e.g. Rural Hubs, Virtuous Cycle – SETTLEMENTS FOR 15/16 TO FOCUS AROUND AGRI-HUBS Full Autonomy – Optimal efficiency and effectiveness at lowest cost Own Strategic Plan 15/20 - DONE APP & Operational Plan 14/15 - DONE

Decision making and delegations Scheduling of Autonomy Programme Short term/ critical Medium term / transitional Long term Direct reporting line to Minister - DONE SLA with DRDLR support services to perform certain functions - DM and DG instruction – drafting of SLA underway Commission have own policies i.t.o. HR, Finance, etc. and governance structures as per Treasury guidelines for Public Entities Delegations to CLCC – All delegations currently as DDG. Additional delegations are outstanding e.g. appointment of Directors Focus in SLA management All levels of staff have clear job descriptions and work plans with responsibilities with delegations in autonomous structure Pressure on PSSCs/ DRDLR corporate support - DONE AND ONGOING Progressive capacity development for corporate functions All corporate functions to be performed within

Business Process and SOPs Scheduling of Autonomy Programme Short term/ critical Medium term / transitional Long term SOPs for critical tasks – DONE FOR LODGEMENT, FINANCIAL PROCESSES Uniform processes based on Business Process Mapping applied in all provinces Information and project management system (end-to-end system) based on uniform process Business Process Mapping – UNDERWAY, DEADLINE 16 OCTOBER SOPs in place for all processes and tasks Updating and revision of policies – FINANCIAL COMPENSATION UNDERWAY Comprehensive policy toolkit Development of new policies – DRAFT PRIORITISATION POLICY

Financial, HR and organisational resources Scheduling of Autonomy Programme Short term/ critical Medium term / transitional Long term Reopening communication campaign – IN IMPLEMENTATION Communication strategy – IN PROGRESS Professional and corporate style in place Rebranding – DONE Website and Domain name – SERVICE PROVIDER APPOINTED Physical appearance – ON GOING, NEW OFFICES FOR CLCC END 2015 Training – COURSE DEVELOPED Management training – PLANNED FOR 4th Q Focus on outcomes rather than performance management Skills assessment - UNDERWAY Performance management – STANDARDISED PAs FOR LEVELS 1-12 DONE Change management – PROVINCIAL ROADSHOWS DONE, CHANGE AGENTS APPOINTED Shared values – ANTI FRAUD CAMPAIGN PLANNED Buy-in & loyalty

Institutional structure Scheduling of Autonomy Programme Short term/ critical Medium term / transitional Long term Realignment of CLCC reporting line - DONE CLCC to be delegated Accounting Officer functions (see delegations) Organisational structure fully designed in terms of mandate and business processes, structure fully capacitated Realignment of Head Office reporting lines – DONE, MACRO STRUCTURE APPROVED IN PRINCIPLE Micro structure to be designed in line with BPM Redesign of Macro structure – IN-PRINCIPLE APPROVAL FROM MINISTER OBTAINED Approval from DPSA obtained Creation of posts of Director: Research & Director: Policy– AWAITING APPROVAL FROM MINISTER, IMPLEMENTATION FOR 1 NOV Filling of posts - ONGOING, UNDER 10% VACANCY RATE Reprioritisation of posts - DONE

Information Systems Scheduling of Autonomy Programme Short term/ critical Medium term / transitional Long term Lodgement system - DONE Lodgement system enhancements – DEADLINE 12 FEBRUARY 2016 Information and project management system (end-to-end system) – integration of all existing modules into one system, EPMO to phase out as end-to-end system in put in place Research Application – NATIONAL BID COMMITTEE ON 20 OCTOBER EPMO utilised – DONE, ALL 14/15 PROJECTS LOADED EPMO projects for 15/16 to be loaded Business Process Mapping for system development – UNDERWAY, DEADLINE 16 OCTOBER System Architecture and hardware requirements established

INSTITUTIONAL ARRANGEMENTS
Programme Inception meeting with Minister: May 2015 Sponsoring Group: DM Mashego-Dlamini Programme Board – DDG Corporate Service, CFO, CLCC, Risk Steering Committee: CRLR Executive Management Project Managers for each sub-project

Outcomes from During the Sponsoring Meeting with DM Mashego-Dlamini on 17 September 2015 the Commission was tasked to present to MCM the following: Organisational structure specifically on the Head of the Commission at national and provincial level, including finance and corporate services Regularisation of the SLA with the Department in order to delink from the Department and assign AO functions to CLCC Delegation of the post-settlement issues to the Commission

Regularisation of the SLA with the Department
Why have SLA’s? The Commission is entirely reliant on the DRDLR for the following: All Corporate Services (HR, IT, Communication, Corporate legal, knowledge services, M&E, EPMO) All Finance functions (CFO, management accounting, SMC) Executive functions (parliamentary liaison, security, internal audit) Ensure that support functions remain in place and are performed up to a certain standard in the transitional period Clarify roles and responsibilities and service delivery standards Should the CLCC be delegated all functions assigned to the Accounting Officer, the necessary resources should be in place or at least covered in SLAs to ensure the functions are performed.

Transitional arrangements
Establishment of National transitional task team comprising Treasury, DPSA, DRDLR, CRLR Entrenching and strengthen the various Institutional Structures of the Autonomy Programme Work towards Schedule 3A entity (i.e. complete autonomous structure) by 1 April 2017 with SLAs in place to perform statutory and administrative functions where capacity/ resources does not exist e.g. Audit Committee.

Two pronged approach To deliver an autonomous entity (outward focused)
To deliver a fully effective and efficient entity (inward focused) To reconfigure the organisational structure and head of the Commission as Accounting Officer Clear organisational mandate and business processes To ensure that the budget structure is amended to be a Schedule 3A entity Fully capacitated human resources and reconfigured organisational structure To enter into SLA’s with the DRDLR for support services Improved customer satisfaction and communication To ensure posts-settlement and related functions are properly performed Change management Improved information and project management

LODGEMENT

LODGMENT OF NEW CLAIMS SINCE 30 JUNE 2014
Mpumalanga 6961 Witbank 3245 Nelspruit 3716 Gauteng Arcadia 17333 Northern Cape Kimberley 1654 Free State Bloemfontein 19054 Eastern Cape 9709 East London 5008 Queenstown 4701 Limpopo Polokwane 9859 Western Cape 12504 George 3233 Cape Town 9271 KwaZulu-Natal 20836 Vryheid 3883 Pietermaritzburg 16953 North West 6338 Mahikeng 4212 Vryburg 2126 Total 104248

Mobile Offices Mobile Unit Location Statistics Gemsbok
In the Western Cape but will move to the Northern Cape on the 12th Oct 608 Claims logged Maropeng Operating in North West 368 Claims logged Inkanyezi Operating in KZN 593 Claims Lodged Mabulandila-Vulindlela Has just started in Mpumalanga 1,059 Claims lodged Thembekile Operated in North West but is currently at in the Western Cape 421 Claims lodged Sol Plaaitjie Operating in Mpumalanga 367 Claims lodged Lodgements at mobile offices 13,985 Total no of people reached to date 45,363

HUMAN RESOURCES

Number of Employees additional 7 Head count 750
STAFF ESTABLISHMENT Number of funded posts 819 Number of posts filled 743 Number of posts vacant 76 % Vacancy rate 9.28% Number of Employees additional 7 Head count 750

STAFF ESTABLISHMENT RESTITUTION CLCC GP NW LIM MPU KZN FS EC WC NC TOT
Number of funded posts 95 70 79 100 124 118 32 82 80 39 819 Number of posts filled 88 61 72 98 119 117 27 67 65 29 743 Number of posts vacant 7 9 2 5 1 15 10 76 % Vacancy rate 7.4% 12.9% 8.9% 2% 4.03% 0.85% 15.6% 18.3% 18.8% 25.6% 9.28% Number of Employees additional employed 4 Head count 31 66 30 750

FORMAL GRIEVANCES LODGED
OFFICE NATURE OF GRIEVANCE NO. OF AGRIEVED EMPLOYEES STATUS CLCC Aggrieved by change in reporting lines 1 On-going Aggrieved by the downgrading of a post (Level 10 to 9) On-going, referred to Labour Court KZN Payment of unused leave credits TOTAL 3

LAND CLAIMS COURT CASES PROVINCIAL BREAKDOWNS AS FROM 01 APRIL 2014 TO FEBRUARY 2015
Province Referral Review Direct Access Matters to compel payment of purchase price Other (declaratory, interdict, etc) Total LAND RIGHTS MANAGEMENT FACILITY (CTH) POSSIBLE OUT OF COURT SETTLEMENT MATTERS Eastern Cape 4 1 15 20 11 3 Free State 2 Northern Cape 6 18 Gauteng 14 10 North West 9 32 17 5 KwaZulu-Natal 35 33 103 40 7 Limpopo 43 31 Western Cape Mpumalanga 28 57 54 105 88 16 30 63 302 173

Chief Land Claims Commissioner
Thank You Nomfundo Gobodo Chief Land Claims Commissioner

Commission on Restitution of Land Rights Briefing session on Annual Reports 2014/15 to the Portfolio Committee on Rural Development and Land Reform 14.

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Commission on Restitution of Land Rights Briefing session on Annual Reports 2014/15 to the Portfolio Committee on Rural Development and Land Reform 14.

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Presentation on theme: "Commission on Restitution of Land Rights Briefing session on Annual Reports 2014/15 to the Portfolio Committee on Rural Development and Land Reform 14."— Presentation transcript:

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