Commission on Restitution of Land Rights

1. Commission on Restitution of Land Rights Briefing to the Portfolio Committee on Agriculture and Land Affairs Annual Report for the year ended on 31 March 2006 TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

2. FOREWORD BY THE CHIEF LAND CLAIMS COMMISSIONER • We entered the year under review with a clear mandate to prioritise sustainable settlement of all outstanding claims, which was underlined in the Land Summit held in July 2005. • We have focused on the implementation of key strategies, which enable us to fast-track the settlement of claims such as the batching and grouping of those with similar circumstances of dispossession, sequencing and targeted verification. • We dedicate this report to those who died in this period where we were hard at work reversing the effects of racial dispossession. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

3. OUR PERFORMANCE • Our expenditure has increased from R1,18 billion last year to R1,8 billion over the past financial year. • Our budget for the year was R2,7 billion and thus an under-expenditure of almost R900 million. However commitments approved by the Minister but not shown as an expenditure yet totals R2,05 million. • The Belgian Government approved R50 million for a project called “Speeding up the Restitution Process”. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

4. OUR PERFORMANCE (Cont) • This project involves the fast-tracking of claimant verification as well as preparatory work for post-settlement support. • The total number of claims settled as at 31 March 2006 was 71, 645 out of the 79, 696 lodged claims by 31 December 1998. • The Government, through National Treasury, demonstrated its commitment to Restitution with its budget allocation of R2,2 billion to settle claims in this financial year. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

5. OUR PERFORMANCE (Cont) • Business Process Perspective: • Our focus during the year was on shortening the project cycle (without skipping any of the necessary steps) in order to settle as many claims as possible. • We have agreed with both Agri SA and Tau SA that our cooperation with them must be reduced in a memorandum of agreement (MOA( and thus a commitment that their member, the current land owners will support the Restitution process. • Expropriation remains an option where negotiations do not yield the desired results. However, as we started to implement expropriation, there is more willingness from the land owner to negotiate. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

6. OUR PERFORMANCE (Cont) • The need to reflect an equitable balance between the public interest and the interest of those affected by the expropriation is important in this process. • The resettlement of claimants to their restored land, some no less than 200km away from their current place of residence, is a challenge. • Corporate Governance Perspective: • The Commission tabled this Report as contemplated in terms of Section 21 of the Restitution of Land Rights Act, 22 of 1994 as amended. • We have held four statutory meetings as contemplated in terms of Section 5 of the said Act, where the focus were largely on: TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

7. OUR PERFORMANCE (Cont) • Progress review on settling outstanding claims • Quality assurance and risk management. • Sharing provincial experiences in dealing with peculiar Restitution cases. • Review of cases in the Land Claims Court. • Post-settlement support and strategic partnerships for sustainable developments. • We have used these meetings as a vehicle to keep the public abreast of developments in the Restitution process as contemplated in Section 6(1)(c) of the Act. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

8. OUR PERFORMANCE (Cont) • Learning and Growth Perspective: • Teambuilding exercises to break from the hectic schedule, long working hours and work over weekends. • Filling of the vacant posts and conversion of contract posts to permanent employment to ensure that experienced staff is retained. • The Commission formulated plans and engaged stakeholders to take part and assist in the development facilitation to ensure sustainability. • The Commission continues to engage with Local Government, the LandBank, NDA, DBSA and relevant Government Departments. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

9. OUR PERFORMANCE (Cont) • International Interest: • The Land Summit ensured that international delegates also participated and shared their experiences. • International media are thus kept updated with the Restitution process. • Delegations from countries such as Palestine, Mauritius, Zambia, Angola visited the Commission to observe Restitution and learn from it. • Restitution continues to bring hope to millions of South Africans who, for centuries suffered the indignity of racial land dispossession. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

10. The RLCC, Eastern Cape made sure that individuals, families, churches, communities, both black and white, felt that the Commission does indeed exist to honour the promise of our Constitution by way of ensuring that the return of land rights addresses the socio-economic milieu of the Province. • The Colcra claim has been aligned with the well-known Coega Development in Port Elizabeth by means of successful negotiations with the Nelson Mandela Metropolitan Municipality, SANPARKS and other stakeholders. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

11. This would be the first community bases but family driven black project which will create jobs and alleviate poverty. • The first housing project in Farmerfield has been completed and people took occupation of their houses. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

12. The pace to deal with post-settlement projects has been acceleration with the signing of an agreement with Uvimba Finance, which is a similar Institution like the LandBank, which will manage some development funds. Challenges: • Quality of valuations. • Unsurveyed land and unregistered land rights. • Family disputes. Achievements: • Signing an agreement with Uvimba Finance due the to lack of capacity within some municipalities. • The Provincial Land Summit TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

13. All claims settled during this year were urban in nature. • The Ou Breipaal claim benefiting 280 households and 1390 beneficiaries was approved in terms of Section 42D of the Restitution Act. • Another claim was the Modderrivier/Ritchie claim benefiting 526 households and 3156 beneficiaries. • The Settlement Support and Development Unit managed to enhance sustainability of settled claims by conducting successful AGM’s in respect of Majeng, Bucklands and Sidney-on-Vaal claims. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

14. The following communities were successfully linked to CASP, namely Khuis (R4,2 mil), Kono (R900 000), Grootvlakfontein (R500 000), Majeng (R3,2 mil) and Khomani San (R700 000) Challenges: • High staff turnover. • Lack of capacity and commitment from stakeholders, i.e. municipalities. • Lack of capacity and accountability of CPA’s. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

15. The verification process has been accelerated wit the aid of Belgian funds and further ensuring sustainable settlements. • Such work was in response to the urgent needs of the poor rural communities, which have been permanently excluded from the prime acquisition of land because of class and racial discrimination in South Africa. • The Commission had a collective response in engaging with organs of civil society, farmers unions, land rights movements, Government departments, the private sector and the general South African Community to ensure the implementation of sustainable development. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

16. In circumstances where the Commission experience difficulties and poor response from land owners, Section 42D of the Restitution Act was complied with. Challenges: • High land prices. • Traditional Leaders attempting to use the process to engage in power disputes • Failure of some of the Service Providers to complete the verification process. • Non-disclosure by claimants leading to exclusion of rightful descendants and family disputes. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

17. Assistance to the aged and illiterate to structure affidavits, which include property descriptions, rightful descendants and documents for oral evidence. • Claims being dismissed which did not meet the prescribed criteria, which involve tribal land and required tenure upgrade. • Limited budgets from municipalities, alternative land not available and also lack of available land for housing projects. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

18. Achievements: • The general upswing in the number of claims settled due to the multi-stakeholder approach and coherent strategic planning in dealing with outstanding claims, despite protracted negotiations in some cases. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

19. A substantial amount of urban land claims have been settled and three major land claims within the Greater St Lucia Wetlands Park, which is a World Heritage site, have been settled. R87 mil has been approved for the development of Ndumo, Hluhluwe, Triangle and Coastal Forest claims. • 38 000 Ha of land has been restored to Gumbi, Khambule, Ngcolosi and Amakhabela at a cost of R221,3 mil which excludes the R67 mil financial compensation paid to the Hammarsdal claimants and over R14 mil to Lennixton, Fairleigh and Milton. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

20. 120 claims have been investigated and dismissed as they did not meet the criteria as set down in the Restitution Act. • Collaborative efforts with other spheres of Government are beginning to bear fruit with the Provincial Department of Agriculture taking over Restitution projects through CASP. • Strong institutional alliances have been forged with district and local municipalities through an innovative development brokerage facility, which the Commission set up in this financial year. Most of the municipalities have been made aware of the Restitution process. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

21. Challenges: • Resistance to Restitution in some parts of the Province. • Many farms converted to private Game farms and so called “lifestyle developments”, which enhance high land prices. • Grant funding often inadequate. Achievements: • Cooperation from the Cane-growers and Illovo in facilitating with the Sugarcane Farmers Association TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

22. Ithala Bank has agreed to be a fund manager for development funds belonging to Restitution beneficiaries. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

23. The resolution of the first phase of the Levubu land claims which is one of the most expensive land claims in South Africa, has been significant. • Given the nature of land claims, the historical and archival research that had to be done has proved to be far more complex than expected due to lack of title deeds, proof of ownership, occupation of the dispossessed land, boundary disputes, etc. Challenges: • Concomitant to the restoration of rights in land to previously disadvantaged African communities. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

24. Land ownership and conflicts within CPA’s and traditional leadership. • Disillusionments and discontent from the current land owners, which resulted in a lack of cooperation with some land owners. • Overlapping or counter claims. • Slow land survey process • Some land owners contest validity of claims. • Suspicion of possible collusion between land owners and valuers, resulting in high land prices • Uninformed media reports • Balancing Restitution and economic development. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

25. Achievements: • Strong relations with the Limpopo Department of Agriculture. • Department of Labour offered training to beneficiaries in diary, poultry, beef, vegetable production and entrepreneurship. • Major strides with regard to the structuring of post settlement arrangements regarding Levubu. • In the Hoedspruit area, the establishment of the Moletele Hoedspruit Land Initiative which seeks to forge a strong partnership between claimants and willing sellers to ensure sustainable development. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

26. Substantial hectares of land were transferred to Manala Mgibe, Blauwbank, Ludwichlust, Chego Tubatse which improved the lives of Restitution beneficiaries. • The Office has worked tirelessly to engage with relevant stakeholders to contribute to social and economic development through Restitution. • The LandBank, South African Farm Managements, the National Development Agency and various municipalities have contributed to sustainable land delivery. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

27. The Settlement Support Development Unit has integrated its plans with those of the Provincial Department of Agriculture which has borne fruit and has assisted the beneficiaries in realising their dreams and turned them into reality. • Strategic plans were developed to increase the pace of land delivery. Challenges: • Rural claims takes longer to settle. • Lack of required documents from claimants. • Disputes with land owners on validity and high land prices TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

28. Efforts in engaging land owners and development agencies to become strategic partners to the beneficiaries. Achievements: • The Provincial Land Summit. • Good working relationship with Provincial Department of Agriculture and Local Government. • Full support from the Premier to the Restitution programme. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

29. Most of the financial compensation claims were settled. • The verification campaign has been flowing smoothly and several church claims are included in this campaign. • On 21 October 2005, 16 officials from the Land Administration Department of Guangxi Province in China, visited the Commission. • Agreements with municipalities such as Cape Town and Knysna has been entered which will ensure sustainable development. • Full support from the Premier of the Western Cape. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

30. Challenges: • Untraceable claimants. • Lack of documentation. • High staff turnover and the workload of officials. • Negotiations with Local Government to allocate resources to Restitution projects. • Negotiations with the State Land Disposal Committee to make State land available. Achievements: • The Provincial Land Summit TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

31. The Development Unit in the Commission with the City of Cape Town to put out a public tender for the installation on bulk storm water, sewer and water services for Ndabeni community. • 54,8 Hectares for alternative State land was made available for the Ndabeni community/ • The Commission appreciates the claimants for their cooperation and patience. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

32. CASES SETTLED BY THE LAND CLAIMS COURT • The number of cases referred to the Land Claims Court during the period March to December 2005 was on average between 2 and 3 cases per month. • In January 2006 there was a dramatic increase with the majority of cases referred to the court emanating from Eastern Cape and KwaZulu-Natal. • For the period 31 March 2005 to 31 March 2006, 29 cases were heard in Court, 4 settled and 25 current cases. TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

33. PROGRESS ON THE SETTLEMENT OF CLAIMS31 March 2006 TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

34. PROJECTED SETTLEMENT OF CLAIMS FROMApril 2006 to March 2008 TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

35. Honoring the Promiseof our CONSTITUTION S25 of Constitution Provides Restitution for all victims of racial land dispossession TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

36. Regional Land Claims Commissioners (RLCC) TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY

37. I THANK YOU/BAIE DANKIE/KEALEBOGA Mr. Tozi Gwanya CHIEF LAND CLAIMS COMMISSIONER, SA Telephone number: (012) 312 9244 Fax number: (012) 321 0428 E-mail address: TTGwanya@dla.gov.za Promotion of Access to Information: aroesch@dla.gov.za TODAY IS BETTER THAN YESTERDAY, TOGETHER WE WILL MAKE TOMORROW MUCH BETTER THAN TODAY