1. Land Rights Management Facility – the state of affairs Presentation to the Portfolio Committee on Rural Development and Land Reform 29 October 2014

2. Five Year (2009/10 – 2013/14) – An overview, rationale and how the Land Rights Management Facility (LRMF) functions; – Types and status of mediation cases per province; – Types and status of legal services cases per province; and – The Expenditure trends. 2 Briefing Requested on:

3. Established in 2007 and became fully functional mid 2008; To provide legal and mediation services to indigent farm occupiers; Due to lack of legal representation and inadequacy thereof; and Nkuzi judgement of 2001. In 2010 expanded the mandate to include other LR Programmes(CPA and Restitution). 3 Rationale, overview and Functioning

4. Provision of Legal Representation and Mediation services to: Labour tenants in terms of the Land Reform (Labour Tenants) Act; Farm occupiers/workers in terms of the Extension of Security of Tenure Act; Claimants in terms of the Restitution of Land Rights Act; and Assistance and support to Communal Property Associations in terms of the Communal Property Association Act. 4 Overview

5. Administration and Management by Cheadle Thompson and Haysom (CTH) Legal and Mediation Panels spread through out the country (Law firms and professional mediators) Strict selection to the panels. 5

6. Tenure and Restitution matters: – Individuals and communities report their matters to District and Provincial offices; – Assessments and approvals for either Legal or Mediation service done at District and Provincial offices; – In case of Restitution by the CLCC; 6 Functioning

7. -Thereafter referred to CTH; -CTH appoints a panellists based on the Criteria (complexity, vicinity, language etc; -Together with the Referring office conducts monitoring on the developments of the matter; -CTH provides Bi-monthly and Quarterly report to the Department; -CTH responsible for receiving, checking and settling invoices from Panellists; and -CTH responsible for capacity building of panellists through Training and Review Sessions. 7 Functioning Cont…

8. Mediation cases – 2009/10 – 13/14 139 mediation matters so far; 106 have been closed; 42 were successful; 64 unsuccessful; and 24 pending. 8

9. Mediation provincial breakdown – pending 24 9

10. 10 Legal Services cases – 2009/10-13/14

11. Legal Service cases 2009/10 -13/14 11

12. Legal services cases –per year per province 12

13. Legal Services -categories 13

14. Legal services outcomes – Success rate per category 14

15. Legal Services cases – Municipal Hotspots NoMunicipality NameNo of matters per municipality Province 1 Dihlabeng Local Municipality130Free State 2 Newcastle Local Municipality73Kwazulu-Natal 3 Breede Valley Local Municipality62Western Cape 4 Emadlangeni Local Municipality51Kwazulu-Natal 5 Phumelela Local Municipality51Free State 6 uMngeni Local Municipality43Kwazulu-Natal 7 George Local Municipality39Western Cape 8 Mogale City Local Municipality38Gauteng 9 Lekwa Local Municipality38Mpumalanga 10 Cederberg Local Municipality35Western Cape 15

16. Present Distribution Per Programmes(Tenure, Rest and CPI) 1024 16

17. Legal Services – Tenure -734 17

18. Restitution matters - 168 18

19. CPI - 87 19

20. Courts – Legal Services - Tenure 20

21. Courts – Restitution matters 21

22. Financial Monthly Breakdown – Dec 2012 – to date 22

23. Expenditure per category since Dec 2012 23

24. Contingent Liability Contingent Liability Assessment : 30 September 2014 Tenure security legal matters 38,053,602 Tenure security mediation matters 1,504,936 CPI matters 4,536,105 Restitution matters 32,423,264 Total 76,517,906 24

25. THANK YOU ! 25