RESTITUTION OF LAND RIGHTS AMENDMENT BILL, 2013

1. RESTITUTION OF LAND RIGHTS AMENDMENT BILL, 2013 PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM 9 OCTOBER 2013

2. OVERVIEW OF THE RESTITUTION PROGRAMME REVIEW / EVALUATION OF THE PROGRAMME REGULATORY IMPACT ASSESSMENT (RIA) POLICY REFORMS PROVISIONS OF THE BILL ORGANISATIONAL IMPLICATIONS COMMUNICATION IMPLICATIONS CONSULTATIONS UNDERTAKEN PRESENTATION OUTLINE

3. Mandate for restitution emanates from s25(7) of the Constitution. Land restitution is one of four elements of land reform, the others being land redistribution, land tenure reform, and development. The Restitution of Land Rights Act, 1994 regulates the restitution process. It provides for the establishment of the Commission (to solicit, investigate and attempt to resolve claims through mediation and negotiation) and the Land Claims Court (which adjudicates disputes arising from the process). OVERVIEW: RESTITUTION PROGRAMME

4. One of the current challenges of the land reform programme set out in the Green Paper on Land Reform (2011) is a restrictive restitution model. • An evaluation of the programme was carried out by the DRDLR, stakeholders and through interactions with beneficiaries of restitution in provincial workshops between December 2010 and April 2011 led by the Minister, culminating in a national workshop attended by 1296 beneficiaries. • The evaluation revealed restrictions in policy in that deserving persons could not participate in the programme: - those that did not lodge claims before 31 December 1998, - those dispossessed of their land before 19 June 1913, and - those dispossessed by Betterment Planning Policies. REVIEW / EVALUATION OF THE PROGRAMME

5. Reasons given by those who did not lodge claims are : • research methodology that informed the design of the restitution programme was poor; • the window period that was provided to lodge claims was too short; and • the communication campaign did not reach every corner of the country. • verification systems of the Commission on Restitution of Land Rights are poor; • Communities dispossessed because of Betterment Planning Policies in the Eastern Cape were excluded. REVIEW / EVALUATION OF THE PROGRAMME

6. A RIA was conducted and 2 options were identified: • Option 1: Retain the 1998 cut-off date for restitution; or • Option 2: Re-open this restrictive timeframe to allow for the submission of new claims by the various categories of persons and communities excluded from the current programme. • The RIA recommends Option 2, the reopening of lodgement of claims. • The RIA estimates that 397 000 valid claims will be lodged, and that it will cost between R129 to R179 billion, depending on the options that will be selected by claimants, and if those claims are settled in 15 years. REGULATORY IMPACT ASSESSMENT

7. In the State of the Nation Address, 2013 the Honourable President stated that: “there are proposed amendments to the Restitution of Land Rights Act, 1994 in order to provide for the re-opening of the lodgement of restitution claims, by people who missed the deadline of 31 December 1998. Also to be explored, are exceptions to the June 1913 cut-off date to accommodate claims by the descendants of the Khoi and San as well as heritage sites and historical landmarks.” • The Restitution of Land Rights Amendment Bill proposes the amendment of the Restitution Act to provide for reopening of lodgement of claims for a period of five years. • A policy on exceptions to the 1913 Natives Land Act cut off date is being developed. POLICY REFORMS

8. Clause 1 amends section 2 (1) (e) of the Act, to extend the date for lodging claims for restitution to 31 December 2018 • Clause 2 amends section 11 (1) of the Act to provide that the details of a claim must be published in the media circulating nationally and in the province in which the land is situated [not just in the district]. • Clause 3 is a consequential amendment of section 12 (5) which refers to the cut off date for lodgement. • Clause 4 amends section 17 of the Act to create new offences where a person: • unlawfullyprevents a claimant from pursuing his or her rights provided for in this Act; and • lodges a claim with an intention to defraud the state PROVISIONS OF THE BILL

9. Clause 5 amends section 22: • the Court consists of a Judge President and as many Judges as may be determined by The President. • Judges will be appointed from Judges of the High Court. • Judges will be appointed for a period fixed by The President, for as long as they remain Judges of the High Court. • Acting Judges to be appointed by the Minister of Justice and Constitutional Development. • Current Judges of the Land Claims Court remain as such • Clauses 6, 7, & & 9 deletes sections 23, 26 and 26A as matters provided therein are covered in clause 5. PROVISIONS OF THE BILL

10. Clauses 10, 11, 12 are consequential amendments of sections which refer to the cut off date for lodgment • Clause 12 (2) requires the Minister to consider factors affecting feasibility for restoration when settling a claim in terms of section 42D • Clause 12 (3) provides for the extension of Minister’s power of delegation • Clause 13 contains the short title of the Bill. PROVISIONS OF THE BILL

11. To increase current administrative capacity, the preliminary estimation is that the DRDLR will take the following steps: • Establish 52 lodgement offices located across South Africa (in DRDLR’s Offices); • Employ 304 additional staff members to assist in the lodgment of land claims; • Use trained youth from the National Rural Youth Service Corps; and • Establish five mobile units that can process claims. • The estimated budget for the above interventions is about R549 million over the Medium Term Strategic Framework period ORGANISATIONAL IMPLICATIONS (COMMISSION)

12. The DRDLR and GCIS shall implement a comprehensive communication plan which will be aimed at ensuring that all affected parties are informed of the extended date for the lodging of a claim for the restitution of a right in land. Central to the communication campaign shall be the distribution of the citizens’ manual on land claims which will be translated to all official languages and those languages spoken by the Khoi and San Communities, and in brail. The manual shall be distributed by the NARYSEC youth. Another important element of the campaign shall be the collection of oral history from those who have lived through the catastrophic effects of the 1913 Natives Land Act COMMUNICATION IMPLICATIONS

13. In addition to the consultations held within the National Reference Group, 75 Consultative Workshops were held with stakeholders, mostly with communities in all Provinces. The main objective of the consultative workshops was to inform the public and other stakeholders about the Bill, engage them, and obtain their inputs and comments on the contents of the Bill. 70 individuals and organisations submitted written comments. The written and oral comments collected from workshops have been evaluated, resulting in the Bill in its present form. CONSULTATIONS UNDERTAKEN ON THE BILL

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