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Report to the Ad Hoc Committee on Coordinated Oversight on the Reversing the Legacy of the Native Land Act. 19 August 2013 Nomfundo Gobodo. BACKGROUND TO RESTITUTION.
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Report to the Ad Hoc Committee on Coordinated Oversight on the Reversing the Legacy of the Native Land Act 19 August 2013 Nomfundo Gobodo
BACKGROUND TO RESTITUTION • The land restitution programme is implemented through the Restitution of Land Rights Act 22 of 1994 (“the Restitution Act”). The Restitution Act establishes the Commission on Restitution of Land Rights and the Land Claims Court as the institutions that are responsible for processing land claims. • The Commission consists of a Chief Land Claims Commissioner (“CLCC”), a Deputy Land Claims Commissioner (“DLCC”) and as many Regional Land Claims Commissioners (“RLCC”) as may be appointed by the Minister. Presently one RLCC has been appointed. The Commission is supported by Chief Directors: Restitution Support who head Commission Offices, which are in all 9 Provinces. • The Commission is mandated to solicit land claims (which include receiving them), investigating and attempting to resolve them through negotiation and mediation. Where an agreement is reached claims are referred to the Minister of DRLR for administrative settlement. Where there is a dispute, such disputes are adjudicated by the Land Claims Court
Constitutional and legislative framework governing the Commission on Restitution of Land Rights • Section 25 (3) of the Constitution of the Republic of South Africa, 1996 provides that “a person or community dispossessed of a right in land after 19 June 1913 is entitled, to an extent provided for in an act of Parliament, to restitution or equitable redress”. • The Restitution of Land Rights Act 22 of 1994 gives effect to section 25 (3) and provides procedures to be followed in the restitution process. • The Public Finance Management Act 1 of 1999 provides the framework through which funds allocated for restitution are used.
BACKLOG CLAIMS DEFINED • These are Claims lodged and adheres to requirements for a valid claim • Will go through the pre-settlement phase which includes research, verification, validation, negotiation and preparation of the S42D submission to Minister for approval. • Once Minister has satisfied himself with settlement options he will approve through a 42D submission. • At this point the claim is considered as settled. • The settlement amount will create a commitment for the state. • An implementation plan for the Finalisation of the claim will then commence. • Implementation includes: Acquisition of land and the transfer into CLAIMANT CPA or payment of financial compensation award to the claimants . • If claim is not finalised within the financial year which it was approved – (all funds paid and all land purchased and transferred)- the claim is indicated as a backlog claim. • These are settled claims that have not been finalised and forms part of the commitments of Restitution. It creates a liability that is due to claimants and must still be paid in future.
ACHIEVEMENTS • Restitution managed to spend 100% of the allocated budget in 2012/13 and received an unqualified audit report for the financial year in question. • The branch also managed to meet it’s performance targets as set out in the APP.
RESTITUTION REOPENING Progress 19 August 2013
Restitution Amendment bill Objective • Amend of Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) to enable re-lodgement of claims Current Status • Public comments on the Bill closed on the 24th of June 2013. • Comments have been evaluated and amended Bill has been finalised. • A memorandum to Cabinet requesting approval for tabling of the Bill has been routed to Minister for approval. The next Cabinet Committee meeting which the Bill can be considered is 28 August 2013 and full Cabinet on the 4th of September 2013. • The Bill is also being processed through NEDLAC where there are weekly NEDLAC Task Team meetings. NEDLAC shall finalise its process on the 21st of September 2013. Outstanding • Cabinet approval for tabling the Bill to Parliament. • Approval of the Bill by Parliament. • Enactment of the Amendment Act. i
Facilities Objective • Identify and procure offices that will be used for lodgement. Current Status • A total of 52 lodgement sites have been identified for lodgement across the country. • 14 of the 52 offices are existing DRDLR/ Restitution offices were identified checked for space availability, security and OHS.A consolidated list or report of all things that needed to be fixed was done and forwarded to DPW (Department of Public Works) and offices (land lords). The offices are in the process of implementing corrective actions. • A service provider was appointed to develop offices layouts (data captures cubicles, filing, back office, waiting area, furniture etc.) for all 14 offices. All the offices are in the process of implementing the layout i.e. acquire and install cubicles and all other furniture. (This will ensure that offices have the same or standard feel and look). • A task team has been formed to define a prototype of how new buildings that will be acquired must have and look like in terms of security, OHS, area and IT. This involved respective directorates and a drawing was developed by a service provider.
Facilities (cont.) Current Status • The DPW has been engaged to assist to acquire buildings required in other identified lodgement sites. All required information has been submitted i.e. the list of lodgement sites (towns), space requirement and a prototype of how the office layout is envisaged taking into consideration staff complement, filing requirement, claimant waiting area etc. • DPW has been engaged to provide a project manager that will assist to acquire extra buildings after all internal processes have been followed. Outstanding • Finish implementation of corrective actions that were identified by security, OHS and facilities directorate. • Finalise implementation of layout plans for 14 offices i.e. install cubicles and all other furniture. • Acquire or appoint a project manager from DPW to assist in acquiring new building for identified lodgement site. • Acquire buildings for identified lodgement sites, prepare the buildings to mimic the prototype.
IT Lodgement System Objective • Develop an electronic system that will be used to capture claims. Current Status • The system has been developed. URL was given to various officials to test the system. Gaps were identifiedand communicated to IT to fix. IT has finished fixing them and has commenced to re-test the system. • System URL = http://10.131.100.73:8080/RLCS/UI/Main.html(Admin; 3jon3) • Engaged Deeds and SPLUM to integrate the system in order to enable the system to quickly get information of the land that is being claimed and whether it was claimed before. • Engaged Home Affairs to get access to ID numbers data base so that ID numbers can be quickly validated as people lodge to prevent fraud. An MOU (or implementation protocol) has been routed to the DG to request this service or integration with home affairs. • Initiated engagements with Telkom to get a comprehensive IT infrastructure solution that will enable the branch to host its lodgement information and ensure that the network is good in order for the system to be fast. This will also take into consideration rolling down to districts. (Note that this proposal may nullify the previous proposal as it only focused on hosting)
IT Lodgement System (cont.) Objective • Develop an electronic system that will be used to capture claims. Outstanding • Finalise integration of Deeds and SPLUM. • Finalise integration with Home Affairs (This may delay as authorisation lies with Home Affairs). • Conduct a formal UAT to formally test the system with end users and finalised development or rework there off. • Finalise the development of the user manual in collaboration with SOP work-stream. • Train officials on the system. • Deploy the system in provinces. • Finalise and implement IT infrastructure solution by Telkom.
Standard Operating Procedures Objective • Develop Standard Operating Procedures for Lodgement. This will ensure quality of the work and information of lodgement. Current Status • Drafted processes and standard operating procedures (SOPs) for front office, manual data capturing and back office support have been drafted. The processes have increased from 1 page to 4 pages to cater for all activities and control measures that need to be in place for lodgement offices. • SOPs for manual capturing are being reviewed by the stream and they will be issued to DLCC and task team to sign off. • A manual claim form has been amended to incorporate questions that were suggested by the Minister, Juristic person questions, back office requirements acknowledgement letter and ease of use. The form has been given to Communications Directorate to improve its looks, feel and security features.
SOPs (cont.) Objective • Develop Standard Operating Procedures for Lodgement. This will ensure quality of the work and information of lodgement. Outstanding • Finalise processes and SOPs once the “Front End User” of IT system has been finalised. The stream will work with IT to develop SOPs that will be used to guide capturing. • Finalise back-office SOPs. • Train and implement SOPs.
Communications Objective • Develop a citizens manual and communication plan/ strategy on lodgement Current Status • The citizens manual has been developed and translated to all other languages. Waiting for printing. • Adverts has been done on various media space on consultation of the bill across the country. This includes bill boards, radio stations, AgriTV, newspapers and posters. • Anti-Fraud Campaigns have started in Limpopo and North West on community radio stations. Started with “We are Ready Campaign” in the Eastern Cape. Outstanding • Revise communication plan, messages that need to be communicated and responsible person or custodian within restitution. Implement the plan • Collaborate with NARYSEC to finalise a comprehensive plan for “knock and drop” • Print citizens manual once the branch has given a go ahead and give it to NARYSEC to distribute. • Repackage the manual claim form to improve security, looks and feel
HR Objective • Develop lodgement structure and acquire warm bodies that will work in lodgement offices. Current Status • Project coordinators and senior project officers have been appointed in each lodgement office to oversee lodgement. • The stream is now in the process of finalising the appointment of Data captures and Registry Clerks in FS, GP, NW, WC, NC and LP. In KZN, EC and MP have appointed all required personnel. • A memo to create post for lodgement offices has been signed by the DG. Outstanding • Conduct interviews to appoint Data captures and Registry Clerks in FS, GP, NW, WC, NC and LP. • Provide guidelines to provinces on how to appoint and against which posts
Others Work Stream SPLUM • The branch SPLUM has received Restitution databases from all provinces containing property descriptions of land claims. The information was not given in standard descriptions. The branch is constantly engaging individual offices to clean up the data in preparation for mapping. • The SPLUM is engaging to integrate its information with IT system. NARYSEC • 257 NARYSEC Youth were trained and capacitate on lodgement and restitution process. across the country • to do “knock and drop” campaign • A consolidated plan is being developed for implementation of “knock and drop” between restitution, communications and NARYSEC. Various options are being considered to ensure quality of the work output and ensure maximum outreach .
Others Work Stream (cont.) Procurement • All computer for the 14 offices were procured and delivered to National office. And will be delivered to provinces once offices have fixed security and OHS findings and have installed furniture and cubicles. • Procurement of furniture and scanners has been delegated to provincial task teams to procure provincially due to procurement process constraints. Security and OHS • A provisional report was submitted by Security and OHSon the findings in the 14 identified offices. This was incorporated to facilities and office layout reports and issued to provinces to implement. Mobile Units • A total of 9 mobile units will be bought across the country (1 per province), thereafter this will be increased as per request from provinces once a needs analysis has been conducted and finalised so that we create or tailor make mobile units that will suit lodgement needs.
Overall Status • The programme is in a planning phase for phase 2 to roll down to district offices while finalising the implementation for phase 1. • Most of the activities that are outstanding for phase 1 are reworks (i.e. IT system errors) and things that were not originally planned for, however have been included to improve the quality of work. • A consolidated revised baseline programme plan is targeted to be finalised by end August once all streams and provinces have submitted plans. • Task teams have been created in each province to roll down to districts. Each task team has a representative from IT, Facilities, HR, Communications, Security, OHS, Procurement, NARYSEC and other officials that provinces may require. These Provincial structures mimic the national reopening task team structure. These officials will assist restitution officials that represent provinces in the national task team. Each national work-stream leader is still accountable to ensure that their respective stream objectives are achieved through provinces. • Overall risks register has been developed for lodgement. This is constantly being updated to ensure that potential pitfalls are addressed to improve the probability success.
