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FOREWORD: Minister for Agriculture and Land Affairs

Presentation to the Portfolio Committee on Agriculture and Land Affairs on the Commission on Restitution of Land Rights Annual Report 2007/08 Presented by Acting Chief Land Claims Commissioner: Mr A M Mphela. FOREWORD: Minister for Agriculture and Land Affairs.

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FOREWORD: Minister for Agriculture and Land Affairs

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  1. Presentation to the Portfolio Committee on Agriculture and Land Affairs on the Commission on Restitution of Land Rights Annual Report 2007/08 Presented by Acting Chief Land Claims Commissioner: Mr A M Mphela

  2. FOREWORD: Minister for Agriculture and Land Affairs • As at 31 March 2008, the Commission has settled a cumulative total of 74 747 claims. This constituted a settlement of 95% of all the claims lodged with the Commission. • A total of 432 226 hectares of land was delivered to restitution beneficiaries during the year under review. This brought the total hectares of land restored to 2 078 385 ha since 1995. 2

  3. FOREWORD: Minister for Agriculture and Land Affairs cont. • The total budget for expenditure for the Commission amounted to R3.6 billion, with R3.3 billion spent on restitution awards, financial compensation and the purchase of land. • A total of R296.3 million was spent on recurrent costs which include compensation of employees and service providers. 3

  4. FOREWORD: Outstanding claims • About 4900 claims are still outstanding. These are complex claims with numerous challenges, and include: • Claims that are still in the Land Claims Court. • Disputes involving communities as well as Traditional Leaders on issues of jurisdiction. • Excessively high cost of land. 4

  5. FOREWORD: Outstanding claims cont. • The majority of the outstanding claims are in: • Kwa-Zulu-Natal (1740) • Mpumalanga (851) • Limpopo (674) • Western Cape (599) • Eastern Cape (555) 5

  6. FOREWORD: Outstanding claims cont. • In line with the Strategic overview, the Commission has planned to settle a total of 2585 claims during the new financial year. • About 2% of the outstanding claims will be difficult to settle as a result of the nature of the challenges that are involved in settling them. 6

  7. FOREWORD: Dealing with the challenges • We continue to engage all our stakeholders through focused meetings, in an effort to resolve the challenges relating to the outstanding claims. • We have also made a submission to Cabinet regarding the issue of time and extra funding which is needed in order for the Commission to process the outstanding claims. • Cabinet has taken note of our submission. 7

  8. FOREWORD: Settlement Implementation Support (SIS) Strategy • The SIS strategy was officially launched on 18 February 2008. • The SIS strategy focuses on the provision of a comprehensive settlement support to the beneficiaries of the land reform programme by role players from the public and private sectors, in order to ensure the sustainability of projects handed over to beneficiaries. • The strategy was developed through the financial and technical support received from the Belgian Technical Corporation (BTC). 8

  9. FOREWORD: SIS Strategy cont. • The message communicated to our stakeholders through the launch of the SIS strategy is that land reform is everybody’s business, and that the Department cannot shoulder the burden of land reform alone, other role players must do their part. • The SIS strategy will be implemented as part of the Land and Agrarian Reform Programme (LARP) which is spearheaded by the Department of Agriculture and the Department of Land Affairs. 9

  10. FOREWORD: Staff retention strategy • The staff retention strategy approved by the Department of Public Service and Administration has been implemented by the Commission. • Staff members who have been on contract employment were converted to permanent employees in the Department of Land Affairs. This has helped to boost staff morale and employees have been re-energized to work hard to settle the outstanding claims. 10

  11. FOREWORD: Committed to deliver land • The question of access to land is a critical issue for the majority of our people. • We remain committed to deliver land and put land rights in the hands of our people, and thereby contribute to the government’s efforts towards the provision of a better life for all. 11

  12. OVERVIEW: Contributing towards the improvement of livelihoods • The restitution process continues to make a positive contribution towards the improvement of the livelihoods of our people through the provision of access to land. • A total of 142 766 individuals have benefited from the restitution process thus far. 12

  13. OVERVIEW: Financial perspective • Expenditure of R3.6 billion for the year under review signifies an increase of 36% compared to the previous year’s R2.3 billion. • Restitution awards amounted to R4.5 billion. An amount of R2.5 billion was approved for land acquisition, R801 million for financial compensation, and R1.2 billion for development grants. • A total of 33 485 households benefited from the settlement of claims during the year under review. • A total of 415 submissions were approved, resulting in the settlement of 330 rural claims. 13

  14. HIGHLIGHTS OF SETTLED CLAIMS: KwaZulu-Natal • Qhubekani Mqobokazi and Makhasa community – conservation (Phinda Game Reserve) • Mpaphala community – sugarcane, timber, citrus and poultry • Nhlanhleni community – livestock and maize production • Khoswane community – banana and sugarcane farming • Siyaphambili community – sugarcane farming • Emasosheni community – timber, sugarcane and livestock grazing land 14

  15. HIGHLIGHTS ON SETTLED CLAIMS: Gauteng and North West • Bakgatla ba Kgafela community – conservation (Pilanesberg National Park) • Barokologadi ba ga Maotwe – conservation (Madikwe game reserve), cattle and crop farming • Wallmansthall community – crop farming, pastoral farming and poultry • Barolong boo Modiboa boo Matlwanang community – cattle, poultry, piggery, crop and game farming • Bataung ba ga Selale community – 51% of beneficiaries are women 15

  16. HIGHLIGHTS ON SETTLED CLAIMS: Western Cape • Tarka - financial compensation, housing development • Ebenhaeser – agricultural activities including vineyards • Rooikamp – financial compensation 16

  17. HIGHLIGHTS ON SETTLED CLAIMS: Eastern Cape • North Pondoland community – sugarcane • Caguba community – eco-tourism • Leightonville – financial compensation • Mazangweni – financial compensation • Double Drift community – conservation 17

  18. HIGHLIGHTS ON SETTLED CLAIMS: Free State and Northern Cape • Richtersveld – mining • Prieska – financial compensation and housing development for one family • Riemvasmaak – Tourism development and agricultural activities 18

  19. HIGHLIGHTS ON SETTLED CLAIMS: Limpopo • Letebele Mpuru Moraba community – citrus farming • Matabane community – tourism • Levubu community – citrus, macademia nuts, bananas, litchis, mangoes and avocadoes • Moeketsi Ga-Chaketla community – cattle farming, dairy project 19

  20. HIGHLIGHTS ON SETTLED CLAIMS: Mpumalanga • Greater Tenbosh: Ngomane of Lugedlane, Ngomane of Siboshwa, Ngomane of Hhoyi and Mbambiso of Mkhatswa communities – sugarcane, citrus, bananas and mangoes • Manala Mgibe community – game farming, eco-tourism and grazing • Mangweni community – financial compensation • Ndebele Ndzundza community – tourism • Shabalala Maseko and Gama community – forestry, crop farming and grazing 20

  21. Business Process Perspective: Finalization of outstanding claims • The Commission is currently focusing on the finalization of outstanding claims and providing settlement support to beneficiaries. • The target is to settle between 97% and 98% of the outstanding claims by March 2009. This means that we would only have about 2% of the outstanding claims which will not have been settled, due to the challenges mentioned earlier. • The envisaged 2% of the outstanding claims which will not be settled are claims that are either in the courts or are too costly for the state. 21

  22. Business Process Perspective: Challenges regarding claims in the Land Claims Court • The 4 949 outstanding claims include 145 claims that are still in the Land Claims Court due to disputes on issue of validity. • Experience has shown that legal matters take a long time to resolve, e.g. in Australia it took 15 years to resolve claims through the judicial approach. • We have engaged with the members of the Land Claims Court and reflected on issues that need to be addressed in order to facilitate speedy resolution of restitution cases in the court. 22

  23. Business Process Perspective: Challenges regarding high land costs • High land prices influenced by the demand from the international market pose a challenge of affordability for the state. • The state is spending more money to settle fewer claims due to the high cost of acquiring land for the purpose of land reform. • The state is forced to resort to expropriation of land in order to fast track the settlement of claims where there are disputes on the issue of price. • 53 Notices of Possible Expropriation have been served. • We continue to engage land owners through Agricultural unions towards finding solutions to the challenges. 23

  24. Business Process Perspective: Challenges involving Traditional Leaders • Boundary disputes involving Traditional Leaders as a result of the legacy of the Bantustan system which created more chiefs, are delaying the settlement of claims. • The Commission is implementing a dispute resolution mechanism to address the issue of boundary disputes. • The Commission is also engaging Traditional Leaders through the National as well as the Provincial House of Traditional Leaders towards finding solutions in order to finalize claims affected by the disputes. 24

  25. Business Process Perspective: Challenges with regard to state land • The reluctance to release state land by other government departments and institutions is delaying the process of transferring land to beneficiaries where claims have been processed. • The Commission will seek intervention at Ministerial level in order to find solutions on the matter. 25

  26. Business Process Perspective: Challenges with regard to state land cont. • Wrong strategic partners • vested interests. • We are reviewing current strategic partnerships and are looking at private/public partnerships for solutions. • A joint strategy between the Commission, Department of Land Affairs, and the Department of Agriculture is in place to resuscitate struggling projects. • We have applied for funding from Treasury. • Legacy and new projects to be brought in line with the Ilima/Letsema framework. 26

  27. Business Process Perspective: Agreements with stakeholders • The Commission is processing claims on agricultural land; forestry land; protected areas; as well as claims on land where there are mining activities taking place. • Agreements have been concluded with several stakeholders regarding the settlement of claims in the various categories. • The Commission has signed a Memorandum of Agreement (MoA) with the Department of Environmental Affairs and Tourism (DEAT) which deals with the settlement of approximately 122 claims on protected areas. 27

  28. Business Process Perspective: Agreements with stakeholders cont. • MoA with Mondi and Sappi addresses issues of consultation regarding available options for beneficiaries concerning claims on land which is under forestry. The Commission is processing about 739 claims on forestry land. • The Commission is working towards signing a MoA with Anglo-American towards the settlement of claims with a mining aspect. There are approximately 170 claims on land where there are mining activities taking place. 28

  29. Corporate Governance Perspective • In line with the statutory requirements, the Commission has participated in all parliamentary meetings which took place during the year under review. • The Commission duly convened quarterly meetings in line with Section 5 of the Restitution Act, where issues relating to the finalization of outstanding claims, the implementation of the SIS strategy, risk management as well as the enhancement of the integrity of the institution’s information management system were dealt with. 29

  30. Learning and growth perspective • The staff retention strategy which has been implemented will assist us to hold on to the talent and skill that is already available towards the implementation of settlement support for land reform beneficiaries. • Contract staff members who have been converted to permanent employment in the Department of Land Affairs are currently seconded to the Commission until all claims are finalized. 30

  31. Strategic Plan: Dealing with outstanding claims • We have projected that we will be able to settle 2585 rural claims by the end of the 2008/2009 financial year. • Our projections reveal that we will need a total of about R15 billion in order for us to finalize the outstanding claims. 31

  32. Outstanding claims per Regional Office: 32

  33. International interest • A delegation of eight members of staff from the Department of Agriculture, the Department of Land Affairs, as well as well as the Commission went on a five day study tour to Canada, sponsored by the Canadian government. • The study focused on the assessment of the impact of the Canadian restitution process and the settlement support programmes on the lives of beneficiaries. • Delegates looked at the role of the state, NGOs, parastatals as well as the private sector in supporting the restitution programme. A detailed report is available on http://land.pwv.gov.za 33

  34. International interest cont. • The Commission is currently hosting a researcher from the University of Illinois, Chicago – Kent College of Law in the United States of America, Professor Bernadatte Atuachene who is conducting research on land claims. • The research is focused on the effect of compensation given to restitution beneficiaries on urban claims. 34

  35. Expenditure for the year ending31 March 2008 35

  36. Breakdown: Provincial budget spent 36

  37. Quality control and risk management • Quality Assurance Directorates were established throughout the regional offices. • The incumbents went through a vigorous training programme in order to assist with the implementation of the delegations for Commissioners to settle claims. • The National Risk Assessment Committee (NRAC) was institutionalized at the national level, and the Provincial Risk Assessment Committee (PRAC) was established at provincial level to address risk areas and implement further control mechanisms. 37

  38. Quality control and risk management continued • Risk registers with action lists have been standardized and implemented throughout all the offices. • Information Management has been prioritized for implementation in the 2008/09 financial year. • Compliance and financial audits were duly undertaken during the financial year. 38

  39. Summary of approvals for the financial year 1 April 2007 to 31 March 2008 39

  40. SETTLED RESTITUTION CLAIMS FOR THE PERIOD: 01 APRIL 2007 – 31 MARCH 2008 40

  41. SETTLED RESTITUTION CLAIMS FOR THE PERIOD: 01 APRIL 2007 – 31 MARCH 2008 cont. 41

  42. 42

  43. STATISTICS ON SETTLED RESTITUTION CLAIMS:CUMULATIVE STATISTICS: 1995 – 31 MARCH 2008 43

  44. STATISTICS ON SETTLED RESTITUTION CLAIMS:CUMULATIVE STATISTICS: 1995 – 31 MARCH 2008 cont. 44

  45. STATISTICS ON SETTLED RESTITUTION CLAIMS:CUMULATIVE STATISTICS: 1995 – 31 MARCH 2008 cont. 45

  46. 46

  47. CUMULATIVE STATISTICS ON SETTLED RESTITUTION CLAIMSRURAL AND URBAN: 1995 – 31 MARCH 2008 47

  48. 48

  49. Reports from the Regional Offices Detailed reports from the Regional Offices: • KwaZulu-Natal : Pages 17 - 20 • Gauteng & Northwest : Pages 21 - 26 • Western Cape : Pages 27 - 29 • Eastern Cape : Pages 30 - 33 • Free state & Northern Cape : Pages 34 - 37 • Limpopo : Pages 38 - 41 • Mpumalanga : Pages 42 - 45 49

  50. Human resources 50

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