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DEPARTMENT OF LAND AFFAIRS ACCELERATING LAND DELIVERY FOR SUSTAINABLE DEVELOPMENT

DEPARTMENT OF LAND AFFAIRS ACCELERATING LAND DELIVERY FOR SUSTAINABLE DEVELOPMENT. PRESENTATION TO THE PORTFOLIO COMMITTEE 2 JUNE 2004 Dr Gilingwe Mayende, Director General. VISION. An equitable and sustainable land dispensation that promotes social and economic development. MISSION.

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DEPARTMENT OF LAND AFFAIRS ACCELERATING LAND DELIVERY FOR SUSTAINABLE DEVELOPMENT

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  1. DEPARTMENT OF LAND AFFAIRSACCELERATING LAND DELIVERY FOR SUSTAINABLE DEVELOPMENT PRESENTATION TO THE PORTFOLIO COMMITTEE 2 JUNE 2004 Dr Gilingwe Mayende, Director General Accelerating Land Delivery for Sustainable Development

  2. VISION An equitable and sustainable land dispensation that promotes social and economic development Accelerating Land Delivery for Sustainable Development

  3. MISSION To provide access to land and to extend rights in land, with particular emphasis on the previously disadvantaged communities, within a well planned environment Accelerating Land Delivery for Sustainable Development

  4. POLICY FRAMEWORK • State of the Nation Address 6 February 2004 and 21 May 2004 • January and May 2004 Cabinet Makgotla Resolutions • Policy Direction from Minister of Land Affairs February 2000 • ISRDP and URP • Minister’s address to senior managers of DLA in October 2003 • Strategic Plan of the DLA 2004 – 2007 Accelerating Land Delivery for Sustainable Development

  5. STRATEGIC OBJECTIVES • Provision of Access to Land • Provision of Rights in Land • Effective Land Planning and Information • Improvement of Stakeholder Relations • Promotion of Intra-Departmental Excellence • Improvement and Alignment of Systems and Processes Accelerating Land Delivery for Sustainable Development

  6. KEY PERFORMANCE AREAS FOR 2004/2005 STRATEGIC OBJECTIVE 1: PROVISION OF ACCESS TO LAND • Reach Land Redistribution Targets • Accelerate the Disposal and Improve the Administration of State Land • Provide Technical Services to Reach Land Redistribution Targets, Tenure Security, Settlement of Claims and Disposal of State Land • Provide Land, Support and Technical Services to the URP, ISRDP and EPWP Accelerating Land Delivery for Sustainable Development

  7. KEY PERFORMANCE AREAS FOR 2004/2005 contined • STRATEGIC OBJECTIVE 2: PROVISION OF RIGHTS IN LAND 5 Accelerate Settlement of Restitution Claims 6 Provide Security of Tenure • Provide Security of Tenure By Regulating Cadastral Survey and Registration of Land Rights • Finalise Land Reform Legislation to Provide for Communities Residing on Communal Areas as well as Commercial and Peri- Urban Land Accelerating Land Delivery for Sustainable Development

  8. KEY PERFORMANCE AREAS FOR 2004/2005 contined • STRATEGIC OBJECTIVE 3: EFFECTIVE LAND PLANNING AND INFORMATION • 9 Review Land Planning Legislation and Policies • 10 Provide Relevant Spatial Information and Services to all Spheres of Government and other Clients Accelerating Land Delivery for Sustainable Development

  9. KEY PERFORMANCE AREAS FOR 2004/2005 contined • STRATEGIC OBJECTIVE 4: IMPROVED STAKEHOLDET RELATIONS 11 Ensure effective communication on Departmental programmes and projects 12 Ensure Meaningful Participation of all Relevant Stakeholders • Promote Inter-Governmental and International Relations • Effectively Facilitate Development Planning for Land Reform Projects (‘Post Settlement Support’) Accelerating Land Delivery for Sustainable Development

  10. KEY PERFORMANCE AREAS FOR 2004/2005 contined • STRATEGIC OBJECTIVE 5: PROMOTION OF INTRA-DEPARTMETAL EXCELLENCE 16 Ensure Departmental Tranformation 17 Institutionalise Gender within Departmental programmes 18 Institutionalise HIV/AIDS support mechanisms within Departmental programmes 19 Institutionalise Disability Support Mechanisms within departmental Programmes Accelerating Land Delivery for Sustainable Development

  11. KEY PERFORMANCE AREAS FOR 2004/2005 cont STRATEGIC OBJECTIVE 6: IMPROVEMENT AND ALIGNMENT OF SYSTEMS AND PROCEDURES 20 Provide Effective Governance of the Department • Develop and Provide Corporate Information Systems to Support Land Delivery and Land Planning 22 Improve Systems and Procedures to enhance Land Delivery and Land Planning Accelerating Land Delivery for Sustainable Development

  12. FINANCIAL REVIEW FOR 2003/04 (PROGRAMMES) Accelerating Land Delivery for Sustainable Development

  13. FINANCIAL REVIEW FOR 2003/04 (STANDARD ITEMS) Accelerating Land Delivery for Sustainable Development

  14. LAND DELIVERED SINCE 1994 • Total size of land delivered since 1994 is about 3, 2 million ha. • This includes land delivered through the restitution, redistribution and state land. • The total number of household/individuals that have benefited from land reform is over 700 000. • Percentage contribution per programme is as follows: Accelerating Land Delivery for Sustainable Development

  15. SIZE OF LAND DELIVERED PER PROGRAMME Accelerating Land Delivery for Sustainable Development

  16. TOTAL LAND DELIVERED PER PROGRAMME(AS AT FEBRUARY 2004) • Redistribution 1,536,418.76 • Restitution 810,292.00 ha • Tenure 146,856.22 ha • State land 772,626.00 ha • Total 3,266,192.98 ha Accelerating Land Delivery for Sustainable Development

  17. PERFORMANCE REVIEW FOR 2003/2004 • 97% of allocated budget spent • Unqualified Auditor General Audit (both Main Vote and DLA) • Significant progress in development of legislation • Quality of restitution settlements improved Accelerating Land Delivery for Sustainable Development

  18. PERFORMANCE REVIEW FOR 2003/2004 CONTINUED • Capacity is being developed in Spatial Planning and Information • Fraud-prevention and Audit Coverage Plans completed • Transformation is on track:- EE progamme being implemented • Significant achievement in implementing employment equity both in terms of race and gender. • Gender emphasis in recruitment : 35% of women in senior management positions and 30% in positions of Chief Director upwards • Decentralisation process gaining momentum Accelerating Land Delivery for Sustainable Development

  19. KEY OUTPUTS FOR 2004/2005 • LAND TO BE TRANSFERRED IN HECTARES • Total 180 142 ha to be transferred • 82 609 ha to vulnerable groups • 30% of land reform projects to be owned by women • 87 470 ha of state land disposed of • 1 521 properties to be confirmed vested • 1 667 ha in support of URP, ISRDP and EPWP Accelerating Land Delivery for Sustainable Development

  20. KEY OUTPUTS FOR 2004/2005 cont • SETTLEMENT OF RESTITUTION CLAIMS • All valid claims to be settled by December 2005 • Total = 27 111 valid claims • Breakdown: 19 870 urban claims • 7 241 rural claims Accelerating Land Delivery for Sustainable Development

  21. KEY OUTPUTS FOR 2004/2005 cont • PROVIDE SECURITY OF TENURE: • 2 000 title deeds to be issued: conversion of de facto ownership to de jure ownership • 7 agreements and/or disputes resolved i.t.o TRANCRAA • 10 000 labour tenant claims to be finalised • 285 agreements concluded/disputes resolved i.t.o ESTA • 46 Court referrals i.t.o ESTA • Maintain 10 days turn-around times for registration of deeds • Maintain 15 days turn-around times for approval of cadastraldocuments Accelerating Land Delivery for Sustainable Development

  22. KEY OUTPUTS FOR 2004/2005 cont • FINALISE LAND REFORM LEGISLATION TO PROVIDE FOR COMMUNITIES RESIDING ON COMMUNAL AREAS AS WELL AS COMMERCIAL AND PERI- URBAN LAND: • CLRA to be implemented • CLRA regulations to be drafted • Consolidated ESTA and LTA legislation to be available in August 2005 • Title Adjustment Legislation to be available in August 2004 Accelerating Land Delivery for Sustainable Development

  23. KEY OUTPUTS FOR 2004/2005 cont • REVIEW LAND PLANNING LEGISLATION AND POLICIES AND PROVIDE SPATIAL INFORMATION TO ALL SPHERE OF GOVT: • Land Use Management Bill to be submitted to Minister in July 2004 • Survey Profession Bill to be submitted to Minister in September 2004 • Deeds Registry Act, Sectional Title Act and Land Survey Act to be reviewed • Continue to provide relevant spatial planning information to all spheres of Government according to agreed service delivery standards Accelerating Land Delivery for Sustainable Development

  24. KEY OUTPUTS FOR 2004/2005 cont • IMPROVE STAKEHOLDER RELATIONS: • Land reform information to be disseminated internationally • Enhance the extent of strategic partnerships • Formalise DLA participation in inter-Governmental fora • Initiate and facilitate regional and international activities • 122 projects to be restructured (post settlement support) • SLA to be signed with relevant stake holders (post settlement support) Accelerating Land Delivery for Sustainable Development

  25. KEY OUTPUTS FOR 2004/2005 cont • ENSURE ACCOUNTABILITY FOR DEPARTMENTAL RESOURCES, EFFECTIVE GOVERNANCE OF THE DEPARTMENT: • Unqualified audit report • Continue to provide effective systems risk management, compliance management and internal controls • Approve Security Policy as well as Health and Safety Policy • Ensure Departmental transformation • Institutionalise gender programmes within Departmental programes • Institutionalise HIV/AIDS support mechanisms within departmental programmes • Institutionalise disability support mechanisms within Departmental programmes • Develop and provide corporate information systems to support land delivery • Improve systems and procedures to enhance land delivery and planning Accelerating Land Delivery for Sustainable Development

  26. DEPARTMENTAL BUDGETProgrammes Accelerating Land Delivery for Sustainable Development

  27. DEPARTMENTAL BUDGETProgrammes Accelerating Land Delivery for Sustainable Development

  28. DEPARTMENTAL BUDGETEconomic Classification Accelerating Land Delivery for Sustainable Development

  29. DEPARTMENTAL BUDGETStandard Items Accelerating Land Delivery for Sustainable Development

  30. LEGISLATION IMPLEMENTED BY DLAREDISTRIBUTION • The Provision of Land and Assistance Act, 1993 (Act 126 of 1993), as amended. • Empowers the Minister of Land Affairs to acquire land and provide development assistance to the redistribution of land and for security of tenure to occupiers of rural land belonging to someone else. Accelerating Land Delivery for Sustainable Development

  31. LEGISLATION IMPLEMENTED BY DLARESTITUTION: • The Restitution of Land Rights Act, 1994 (Act 22 of 1994). • Provides for the restitution of land or equitable redress to persons or communities disposed of land as a result of past racially discriminatory laws or practices; and • The Restitution of Land Rights Amendment Act 48 of 2003. • Empowers the Minister of Land Affairs to purchase, acquire in any other manner or expropriate land or rights in land for the purpose of a restitution award or for any land reform purpose. Accelerating Land Delivery for Sustainable Development

  32. LEGISLATION IMPLEMENTED BY DLATENURE REFORM: • The Upgrading of Land Tenure Rights Act, 1991 (Act 112 of 1991). • Provides for the upgrading of various forms of tenure to ownership; • The Interim Protection of Informal Land Rights Act, 1996 (Act 31 of 1996). • Provides for the temporary protection of certain rights and interest in land which are not otherwise adequately protected by law, until comprehensive new legislation is in place; • The Extension of Security of Tenure Act 1997 (Act 62 of 1997). • Provides for security of tenure to people living in farm land belonging to other people and regulates the eviction of such people under certain circumstances ; Accelerating Land Delivery for Sustainable Development

  33. LEGISLATION IMPLEMENTED BY DLATENURE REFORM: • The Land Reform (Labour Tenants) Act, 1996 (Act 3 of 1996). • Provides for security of tenure to labour tenants and their associates and for the acquisition of land by labour tenants. • The Communal Property Association Act, 1996 (Act 28 of 1996). • Makes provision for the establishment of legal entities enabling communities to acquire, hold and manage land on an agreed basis in terms of a constitution; and • The Transformation of Certain Rural Areas Act, 1998 (Act 94 of 1998). • Provides for the repeal of the Rural Areas Act, 1987. Accelerating Land Delivery for Sustainable Development

  34. LEGISLATION IMPLEMENTED BY DLA LAND PLANNING AND INFORMATION • The Deeds Registries Act, 1937 (Act 47 of 1937). • Provides for the administration of the land registration system and the registration of rights in land; • The Professional and Technical Surveyors Act, 1984 (Act 40 of 1984). • Regulates the professional and technical surveyors’ profession. • The Sectional Titles Act, 1986 (Act 95 of 1986). • Regulates sectional titles schemes; Accelerating Land Delivery for Sustainable Development

  35. LEGISLATION IMPLEMENTED BY DLA LAND PLANNING AND INFORMATION • The Development Facilitation Act, 1995 (Act 67 of 1995) • Provides for extraordinary measures to facilitate and speed up the implementation of reconstruction and development programmes and projects in relation to land; • The Land Survey Act, 1997 (Act 8 of 1997). • Regulates the surveying of land in the republic; • The Planning Profession Act, 2002 (Act 36 of 2002). • Provides for the establishment of the South African council for planners and which regulates the planning profession; and • The Spatial Data Infrastructure Act 54 of 2003. • Provides a technical, institutional and policy framework for the capture, maintenance, distribution and use of publicly held spatial information. Accelerating Land Delivery for Sustainable Development

  36. BRANCH: LAND AND TENURE REFORM • Responsible for implementing redistribution, tenure reform and State land administration and disposal • Chief Directorate: Land Reform Implementation and Management Coordination CD:LRIMC) • Manages the implementation of land reform at provincial level through 9 Provincial Land Reform Offices (PLORs) and District Level Delivery (DLD) offices • Chief Directorate: Land Reform Systems and Support Services • Develops and refines legislation, systems and procedures to enable PLROs to deliver land at scale and on target. Accelerating Land Delivery for Sustainable Development

  37. COMISSION ON RESTITUTION OF LAND RIGHTS • Provides redress to victims of dispossession of rights in land as result of racially discriminatory laws and practices that took place on or before 19 June 1913 • Presents Annual Report to Parliament every year in June • Director General of the DLA is the Accounting Officer for the Commission • The Commission is headed by the Chief Land Claims Commissioner and has nine (9) Regional Offices headed by seven (7) Regional Land Claims Commissioners. Accelerating Land Delivery for Sustainable Development

  38. BRANCH: LAND PLANNING AND INFORMATION • Responsible for the survey, mapping and registration of land, as well as for spatial planning and information. • The Surveys & Mapping component is responsible for the national mapping series of the country, as well as providing the survey control networks which enables all surveys in the country to be spatially coordinated. • The private land surveyors base their survey of land and real rights on this control network, and the Surveyors-General examine and approve surveys, which are then registered by the Registrars of Deeds. • Deeds Registries ensure the security of title by giving documentary evidence to all registered rights and interests in land including those resulting from the land reform programme. • The Spatial Planning & Information component is charged with the important mandate of redressing the imbalance inherited from the apartheid settlement patterns, as well as determining spatial data standards. Accelerating Land Delivery for Sustainable Development

  39. BRANCH: CORPORATE SERVICES • Provides corporate services to the Department through 4 Chief Directorates, namely: Financial Management, Human Capital and Organisational Development, Business Information Management as well as Communication Services. • Has played a key role in the implementation of financial and human resource management reforms as well as in improving corporate governance in the Department. • Through a robust transformation programme the Branch has assisted the Department in making major strides in improving racial representation in its personnel structures, raising HIV/Aids awareness, facilitating decentralisation of services as well as ensuring that the Department embraces and addresses the needs of the disabled. Accelerating Land Delivery for Sustainable Development

  40. OFFICE OF THE DIRECTOR GENERAL • The Office of the Director General was restructured as from the 2001/02 financial year to address the need to have components that perform functions of strategic importance to report directly to the Director General and to assist him or her in carrying out his or her duties. • The Office is made up of the following components: Directorate: Executive Services, Directorate: Monitoring and Evaluation, Directorate: Internal Audit, Sub-Directorate: Gender as well as the Sub-Directorate: Secretariat Support Services. Accelerating Land Delivery for Sustainable Development

  41. GEOGRAPHIC SPREAD OF DLA AND COMMISSION OFFICES • 9 Provincial Land Reform Offices (PLROs) in the 9 provinces of South Africa • District Level Delivery offices (DLDs) in 7 of the provinces • 7 Regional Land Claims Commissioners Offices • 4 Shared Service Centres in KZN, Eastern Cape, Free State and Western Cape • 9 Deeds Registry offices in the country (10th one approved by Minster) • 4 Surveyor General offices in the country Accelerating Land Delivery for Sustainable Development

  42. PROJECT MUTINGATI • 1 SSC planned for 2004/2005 in Mpumalanga • Plans for the Nelspruit (Mpumalanga) Surveyor General and Deeds Registries offices underway • SPI offices to be established in 3 provinces • More DLDs planned for 2004/2005 Accelerating Land Delivery for Sustainable Development

  43. REPRESENTIVITY: ALL STAFF Accelerating Land Delivery for Sustainable Development

  44. REPRESENTIVITY:MIDDLEMANAGEMENT Accelerating Land Delivery for Sustainable Development

  45. REPRESENTIVITY:SENIOR MANAGEMENT Accelerating Land Delivery for Sustainable Development

  46. KEY CHALLENGES • Communal Land Rights Act (CLRA): • Implementation, • Resources required • Demarcation of boundaries • Political intervention • More resources for redistribution programme • Development support for restitution and land reform projects Accelerating Land Delivery for Sustainable Development

  47. THANK YOU Accelerating Land Delivery for Sustainable Development

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