Presentation on the Restitution of Land Rights Amendment Bill Nkuzi Development Association

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Presentation on the Restitution of Land Rights
Amendment BillNkuzi Development Association

• Welcome the intention to strengthen the hand of
  the Minister to Settle land claims with the
  return of land to its rightful owners.
• Hundreds of thousands, even millions, of South
  Africans lost rights to land and live in poverty
  today as a direct result of this.
• The government has an obligation to address this
  historical injustice that remains an injustice
  today.

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• In many cases current owners are simply not
  willing to co-operate, in others they set onerous
  terms and conditions.
• The government has to be able to return land even
  where the current owner is not willing to
  co-operate.
• Court processes are too lengthy and expensive
• The current owner should not have a right to
  contest the validity of the claim.
• Cash settlement of claims, particularly in rural
  areas should not be allowed to take precedence
  over return of land.

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• It is imperative for the powers of expropriation
  to be used where necessary.
• A formula needs to be developed and used for
  paying compensation at bellow market rates in
  line with the provisions of the constitution.
• Compensation should not be paid in full in cash
  as this is unaffordable if land is to be
  delivered at scale.

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Specific suggestions

• Expropriation to be used only after
  investigation, gazetting, consideration of
  submission and failure to settle through
  negotiations. Add to section 42E
• Remove reference to Administrative Justice Act
  and separate issue of expropriation and setting
  of value of compensation. Amend section 42E(3).
• Allow previous owner to still be party to the
  claim for purposes of taking decisions on review
  under section 35(1). Amend section 42E(5)
• We believe the government/minister should be able
  to act to expropriate and settle a claim without
  hindrance. At the same time the opportunity for
  judicial review should not be removed.

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Settling Claims In Time

• The current pace will not meet the Presidents
  Commitment or the expectations of claimants. To
  settle claims more quickly
• Amend Legislation to allow faster settlements and
  return of land even where no agreement (pass this
  Bill as one step).
• Institutional reform in Commission for improved
  efficiency. In particular delegation of powers
  to Regional Commissioners.
• Substantial increase in budget for operations as
  well as settlement.
• Look at area based (instead of individual)
  settlement of claims integrated with development
  planning and other legs of land reform.