COMMISSION ON RESTITUTION OF LAND RIGHTS

1. COMMISSION ON RESTITUTION OF LAND RIGHTS Annual Report ending 31March 2007 As presented by the acting Chief Land Claims Commissioner, Ms, Tumi Seboka Briefing to the Portfolio Committee on Agriculture and Land Affairs 2 August 2007 Parliament

2. FOREWORD Minister for Agriculture and Land Affairs • As at 31 March 2007, 74 417 claims have been settled, which brings us to 93% settlement of the 79 696 lodged claims. • 1 650 851 hectares of land have been restored. • 100% of the R2,3 budget appropriated by Parliament for Restitution had been spent. • R2.1 billion had being spent on Restitution awards, including the purchase of land and financial compensation. • Less than R300 million was spent on recurrent costs

3. FOREWORD: Rural claims & related challenges • We are entering the most difficult part of the restitution process, where we have to settle the outstanding 5279 rural claims. • The challenges linked to the processing of rural claims include the following: • High land cost. • Unsurveyed and unregistered land rights

4. FOREWORD: Rural claims & related challenges • Protracted negotiations and claimant disputes taken to the Land Claims Court. • Community disputes and traditional authorities. • Incoherent land use practices and the need for alignment of priorities, i.e. communal and commercial land use practices.

5. FOREWORD: Rural claims & related challenges • In an attempt to address these challenges, focused meetings are being held with the various stakeholders, including current landowners. • We have increased the capacity in the Commission and have developed a staff retention strategy. • Development of a coherent strategy for strategic partnership to ensure sustainable settlement and continued agricultural production.

6. FOREWORD: Support needed for Restitution • We believe that the proposed Special Purpose Vehicle will address these challenges. • The Belgian Government has provided the financial support for this process. “We shall work hard towards the improvement of the quality of life of our people towards the improvement of the quality of life of our people, socio-economic growth, justice and reconciliation.”

7. OVERVIEW: Restitution & Vulnerable Groups • We dedicate this report to rural women and their civil society structures. • 40% Of restitution beneficiaries are female-headed households. • The rights and interests of vulnerable groups, (women, youth and persons with disabilities) are protected in the development of business-and land use plans for the restored land.

8. CUSTOMER PERSPECTIVE: Focus on claimants • In terms of section 6(1)(b) of the Restitution Act the Commission shall take reasonable steps to ensure that claimants are assisted in the processing and settlement of their claims. • Highlights of some of the claims settled in the financial year ending 31 March 2007:

9. HIGHLIGHTS OF SETTLED CLAIMS: Gauteng & North West • Gauteng and North West • Madiakgame Community – livestock farming. • Bapo Ba Mogale Community – vegetable production, livestock feeding, game farming and granite mining. • Rysmierbult Community – crop and stock farming – 50 % of the beneficiaries are women. • Leeuwspruit Community – maize, sunflower, and cattle farming.

10. HIGHLIGHTS OF SETTLED CLAIMS: Limpopo • Limpopo • Baphalane Ba Romokoka Community – livestock and game farming. • Moletele Community – export citrus to Japan and vegetable production. • Motokolo Community – beef cattle farming. • Mashishimale Tribe - Croc ranch, game reserve and citrus production. • Motse Community – eco-tourism. • Ga-Mashung Matlala Community – eco-tourism.

11. HIGHLIGHTS OF SETTLED CLAIMS: Western Cape • Western Cape • Protea Village and Stone Cottages Museum – restoration of urban land and financial compensation. • Kwa-Mandlenkosi Beaufourt West Community – sustainable rural livelihoods such as food gardens, chicken rearing, sewing, candlemaking and other women’s developmental projecs. • Paarl, Goodwood, Parow, Kensington, Rondebosch and Bellville – financial compensation.

12. HIGHLIGHTS OF SETTLED CLAIMS: Northern Cape • Northern Cape • Droogfontein Community – agriculture and eco-tourism. • Sydney of Vaal (Vaalbos farm) Community – mining. • Pniel Community – mining, grazing and cattle farming

13. HIGHLIGHTS OF SETTLED CLAIMS: Mpumalanga • Mpumalanga • Dalmanutha claim for the Nhlapo, Sidu and Ntuli families – livestock and crop farming, bio-fuel crops. • Lulambedlwini Community – agricultural development. • Hlangwini Community – Mango and citrus for domestic and export markets. • Mbombela Community – about 1200 households are female headed – financial compensation.

14. HIGHLIGHTS OF SETTLED CLAIMS: Eastern Cape • Eastern Cape • Magwa Community – tea estate. • Majola Community – tea plantation. • Inzinini and Ntshamathe Community – housing and natural growth. • Tarkastad Group – financial compensation.

15. HIGHLIGHTS OF SETTLED CLAIMS: KwaZulu_Natal • KwaZulu_Natal • Bhekeshowe Community – sugarcane, citrus and grazing. • Hlomendini Community – sugar cane. • Inkumbuleni Community – sugar cane. • Gumbi Community – game farming, cattle grazing, tourism and human settlement. • Ximba Community – game farming and agriculture. • Hluhluwe Community- game farming which includes the internally renowned Hluhluwe-Imfolozi Park.

16. BUSINESS PROCESS: Shorten Project Cycle • To shorten the project life cycle and fast track the settlement of land claims, the business processes are mapped out in Box 1 of page 8 of the Annual Report. • We have learned that some of the steps take much longer than anticipated for example the simple step of land valuation to agree on the price at which to compensate the landowner.

17. BUSINESS PROCESS: Supporting Documentation • To work out just and equitable compensation, the factors mentioned in Section 25 of the Constitution must be complied with. • We hope that the new Expropriation Bill will expand on the application of these factors in the implementation of expropriation. • The Commission is challenged to obtain relevant documents, i.e. identity documents, family trees, marriage and death certificates • It becomes complex whenever there are several wives or where there are “illegitimate” or “adopted” children.

18. BUSINESS PROCESS: Protracted Process (nature) • Family disputes remain a challenge. • Commission officials have to be diligent and eliminate fraudulent claimants who may simply want to infiltrate the system. • It takes time to finalise the list of rightful claimants, especially for community claims. • To explain the different options of redress in Restitution is a very tedious affair, requiring patience, and various skills.

19. BUSINESS PROCESS: Settlement Implementation Support Strategy Development • We have used the Belgian Government’s assistance to appoint a Consortium to develop a Sustainable Implementation Strategy (SIS), which will feed into the work of the Special Purpose Vehicle to assist the fast tracking of the implementation of the national land reform programme.

20. SETTLEMENT AND IMPLEMENTATION STRATEGY • We have developed a SIS strategy to ensure a comprehensive and sustainable support to all land reform beneficiaries so that the aims of restorative justice and redistributive equity are realised and may never be reversed. • It is to empower these beneficiaries to ensure that the quality of their life is improved.

21. SETTLEMENT AND IMPLEMENTATION STRATEGY • The elements of the strategy therefore include: • Secure property rights. • Access to resources, i.e. water, agricultural input, finance, appropriate development technology, research and development information, extension services and market. • Technical assistance. • Improved public and private utilities such as roads, sanitation, electricity, etc. • Entrepreneurship and business development • Facilitation for macro – policies, fiscal prices, trade and investment policies • Full and equitable integration of the vulnerable groups

22. SETTLEMENT AND IMPLEMENTATION STRATEGY • The Pillars of Support for the SIS strategy which should be the integral part of the special purpose vehicle (SPV): • Livelihood, Enterprise and Technical Support, development grants, loans, enterprise development and extension services. • Integrated Natural Resource Management and Sustainable Settlements – water rights, biodiversity, grazing, fire management, settlement planning. • Capacity and Institutional Development – protection of land rights, empowerment of Community Property Institutions and customized training. • Functional and Spatial Integration – area based planning, integration with PGDS/IDP’s and LED’s.

23. SETTLEMENT SUPPORT • Aims to support the beneficiaries to utilise the developmental grants (RDG’s, SPG’s and 42C DG) to ensure sustainable livelihood. These grants are released in phases. • This contributes to the alleviation of poverty, creation of job opportunities and contribution to the economic growth of the country. • Pages 55 to 57 of the annual report gives more detail in terms of land use and the support required and identified as well as the achievements

24. CONSTITUTION, LOCAL GOVERNMENT & PLANNING LEGISLATION IGRF Act, MUNICIPAL SYSTEMS ACT, IDP, SDF… SPATIAL & FUNCTIONAL INTEGRATION Land reform sector plan in IDP SKILLS, LAND & BUSINESS ENTITY LEGISLATION Skills Dev Act, CPAs, Trusts, Pty… ENVIRONMENTAL & TOWNSHIP LEGISLATION Capable people, robust institutions Sustainable resource mgt NWA, NFA, NVFFA, NEMA, CARA, LEFTEA CAPACITY & INTITUTIONAL DEV INRM & SUST SETTLEMENTS SL, viable enterprises, finance & market access LIVELIHOOD, ENTERPRISE & TECH SUPPORT Restitution Act, Act 126, ESTA, LTA, BEE Act, CASP… LAND REFORM, AGRICULTURE & DTI POLICY AND LEGISLATION Mission The delivery of effective settlement and implementation support contributes to successful land and agrarian reform to reduce poverty, enhance livelihood security, boost economic growth, enable security of tenure and sustainable land use

25. Spatial and functional integration “Land reform is everybody’s business” Where we want to be Where we are nowKey issues and problems Putting area based support entities in place Identifying start up sites for area based planning and SIS support Embedding LR in IDPs & SDFs Framing LR as a joint programme Spatial mapping of all LR projects, situation analysis, building knowledge for decision making Establishing appropriate institutional arrangements using IGFRA

26. Social, institutional & capacity development Where we want to be Where we are nowKey issues and problems Incentivising the development of associations to represent the interests of L&AR participants A national programme to resuscitate failed CPIs Locating CPI support function in area based support entity Customised area based learning & capacity development A national dedicated CPI, business entity support unit Social profiling, building social capital, managing social risk

27. INRM & Sustainable human settlements Where we want to be Where we are nowKey issues and problems Support for the sustainable settlement planning and service delivery Support for comanagement agreements on conservation land Area and project based environmental & sustainability assessment Participatory land use planning Alignment of key departments with environmental responsibilities at District scale

28. Livelihoods, enterprise and technical support Where we want to be Where we are nowKey issues and problems Learning circles /project to project support Information and knowledge management for business decision making/marketing Provision of business development and financial mgt support systems Leveraging finance Risk and market analysis Applied research capability Multiyear performance linked planning and implementation service agreements A paradigm shift recognising concurrent livelihood activities and enterprises on land at different scales

29. LAND CLAIMS COURT • CASES SETTLED BY THE LAND CLAIMS COURT:- • Page 49 of the Annual Report – statistics of cases before the Courts. • The Popela Community and Others vs Goedgelegen Tropical Fruits (Pty)Ltd where the claimants argued that they were dispossessed of the labour tenant status due to the racially discriminatory laws, was referred to the Constitutional Court for adjudication.

30. EXPENDITURE FOR THE YEAR ENDING 31 MARCH ‘07

31. QUALITY CONTROL AND RISK MANAGEMENT • The recruitment of Quality Assurance Directors is in the final stage. • Risk registers and the Fraud Prevention Plan have been completed and is ready for implementation. • The Barnowl System for risk management is in process of implementation. • The ID Buddy System for claimant verification has been introduced and offices are receiving training.

32. CLAIMS SETTLED BY 31 MARCH 2007

33. SETTLED RESTITUTION CLAIMS 1995 – 31 MARCH ‘07

34. REPORTS FROM REGIONS • For more specific regional reports, the following: • Gauteng and North West – Pages 16 to 21. • Limpopo – Pages 22 to 26. • Western Cape – Pages 27 to 29. • Eastern Cape – Pages 30 to 32. • Free State and Northern Cape – Pages 33 to 37. • Mpumalanga – Pages 38 to 41. • KwaZulu-Natal – Pages 42 to 46.

35. SETTLEMENT OF OUTSTANDING CLAIMS

36. Strategies to Settle Outstanding Claims • Outstanding claims are rural and for restoration of land. Land use differs and we are busy developing settlement models to fast track the settlement of these claims. • Land prices are determined by the market forces over which the Commission has no control. • National Valuation Review Panel to assist to unblock challenges in terms of valuations. • Where the legal entity has not yet been formed, State will purchase the land and hold it in trust for the community.

37. Strategies to Settle Outstanding Claims • Settlement of rural claims in phases where more than one farm is involved. • High political intervention regarding challenges with Traditional Leaders. • Appointed an agency to provide mediation services. • Non availability of State Land a challenge and will be addressed at a strategic level.

38. HUMAN RESOURCES

39. CONCLUSION • Good progress made. • How we have met challenges. • International experience/ comparative. • Development opportunities. • Appreciation of support from both the Portfolio Committee and Select Committee

40. CONTACT DETAILS REGIONAL LAND CLAIMS COMMISSIONERS

41. “It has taken hard work and sacrifice to be where we are today; it will take even harder work to go forward, the sky is the limit.” I THANK YOU, BAIE DANKIE, KEALEBOGA Mr. Tozi Gwanya Chief Land Claims Commissioner, SA Private Bag X833 PRETORIA 0001 Tel: +2712 3129244 Fax:+2712 321 0428 Email: TTGwanya@dla.gov.za Promotion of Access to Information: aroesch@dla.gov.za