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Implementation of the Communal Land Rights Act (CLaRA)

Implementation of the Communal Land Rights Act (CLaRA). Presentation to the Portfolio Committee on Agriculture and Land Affairs 29 August 2006. 1. Background. The Communal Land Rights Act, 2004 (Act No.11 of 2004) (CLaRA) was promulgated in 2004.

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Implementation of the Communal Land Rights Act (CLaRA)

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  1. Implementation of the Communal Land Rights Act (CLaRA) Presentation to the Portfolio Committee on Agriculture and Land Affairs 29 August 2006

  2. 1. Background • The Communal Land Rights Act, 2004 (Act No.11 of 2004) (CLaRA) was promulgated in 2004. • The Portfolio Committee instructed the Department to develop an implementation plan for the CLaRA and the related costs.

  3. 2. Progress made to date • DLA commissioned a baseline study last year on all land affected by the Act. Among other things, the study includes: • Existing Tenure Systems (old order rights) • Existing Land Administration structures, i.e. there are different structures in different provinces • Land use planning and management • Current levels of development

  4. Progress (continued….) • Development of indicators to measure sustainable economic development • Audits of communities that will be affected by the Act • Determination of the extent of land to be affected by the legislation

  5. Progress (contd..) • 13 314 230 hectares make up the former TBVC states and Self-Governing Territories as well as ex-SADT land, • 5 949 420 hectares is unregistered state land, • 4 345 911 hectares is unsurveyed, • 3 317 311 hectares of the land still to be surveyed and registered is in the Eastern Cape. 811 000 hectares was surveyed over the last 2 years, • 2.8 million hectares is surveyed in KwaZulu-Natal and only 13 891 hectares remains outstanding.

  6. Progress (continued) • 608 089 hectares currently being surveyed in Limpopo, • 62 522 hectares is to be surveyed in Mpumalanga, • 330 088 hectares currently being surveyed in North West, • Only 14 010 hectares still needs to be surveyed in the Free State,

  7. Progress (continued) • 792 509 hectares is in the process of registration, • 7.4 million hectares has to be vested over the next two (2) to three (3) years. • 17 130 052 hectares will be transferred to communities when the law comes into operation,

  8. Measures taken to fast-track surveying, registration and vesting • DLA has recently completed a BPR to determine complexity and volumes of work to be done • Implementation systems and procedures have been developed • Surveying has to be decentralised from National office of the DLA to Provincial Offices • Registration to be done in-house by DLA staff.

  9. Measures (continued) • Pro-active vesting process has been developed and subject to approval by the Minister • Proposal for increased capacity to fast-track surveying, registration and pro-active vesting has been developed and should be approved by the Minister in October 2006

  10. Measures (continued) • Draft Regulations to be submitted to the Minister by 30 September 2006 • Consultation on the amended Regulations to be completed in November 2006 • Publish revised Regulations by January 2007 • Table and gazette the final approved Regulations by March 2007 • Province-specific implementation plans to be completed by 31 March 2007 • Roll-out implementation by 1 April 2007 subject to the outcomes of the Constitutional Court challenge on the CLaRA.

  11. Implications for the Implementation of the CLaRA • Expected massive increase in the staff of the DLA, particularly at the district and provincial levels, • Expect substantial increase in the budget of the DLA to funds & all related transaction costs e.g. surveying, land rights enquiries, development of communal general plans etc.

  12. Implications (continued) • The market may not have sufficient skills or people to implement CLaRA, however, the Department is already developing a Skills Framework in this regard. • END

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