COMMISSION ON RESTITUTION OF LAND RIGHTS

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COMMISSION ON RESTITUTION OF LAND RIGHTS
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RESTITUTION UPDATEANNUAL REPORT TO 31 MARCH
2003 AND PROGRESS TO DATE

• PORTFOLIO COMMITTEE ON AGRICULTURE AND LAND
  AFFAIRS

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ELEMENTS OF LAND REFORM PROGRAMME

• Land Policy in South Africa is captured in the
  White Paper, which record the history of
  dispossession and the skewed land ownership in
  SA.
• Redistribution aims to provide the disadvantaged
  and the poor with access to land for residential
  and productive purposes. Its scope includes the
  urban and rural very poor, labour tenants, farm
  workers as well as new entrants to agriculture
  (8113 the White Black land ownership ration
  debate)

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ELEMENTS OF LAND REFORM PROGRAMME

• Land Restitution covers cases of forced removals
  which took place after 1913. They are being
  dealt with by a Land Claims Court and Commission
  established under the Restitution of Land Rights
  Act, 22 0f 1994 (redress).
• Land Tenure Reform is being addressed through a
  review of present land policy, administration and
  legislation to improve the tenure security of all
  South Africans and to accommodate diverse forms
  of land tenure, including types of communal
  tenure (ownership)

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RESTITUTION STRATEGIC OBJECTIVE

• Access to Land and redress for dispossessions
• Research and Settlement of Urban and Rural Claims
• Post Settlement Support Sustainable projects

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RESTITUTION STRATEGIC OBJECTIVE

• Integrated Development Approach to Restitution
• ISRDP and URP
• Effective Communication (Internal and External)

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Settled Claims (Provincial Stats)Cumulative
1995 to date
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CUMULATIVE STATISTICS ON SETTLED RESTITUTION
CLAIMS1995 31 JULY 2003
LAND RESTORATION FINANCIAL COMPENSA-TION ALTER-NATIVE REMEDY TOTAL NO. OF CLAIMS SETTLED
URBAN CLAIMS SETTLED 14 238 17 268 2 574 34 080 85.87
RURAL CLAIMS SETTLED 2 637 2 965 5 5 607 14.13
TOTAL 16 875 20 233 2 579 39 687 100
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Settled Claims (Provincial Stats)Cumulative
1995 to date(Finance)
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Settled Claims Cumulative 1995 to date
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CUMULATIVE STATISTICS ON SETTLED RESTITUTION
CLAIMS1995 31 JULY 2003(Cont)

1. The above statistics have been compiled based on
   the information reflected in the Database of
   Settled Restitution Claims.
2. In order to improve the accuracy of our
   statistics, the Database of Settled Restitution
   Claims has been subjected to a process of
   internal auditing. (Project Basisa)

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JUNE LAND MONTH- 2003

• 90 Years since Native Land Act of 19 June 1913
  promulgated.
• National Land Hand over celebrations in June to
  mark Land delivery through restitution todate.
• More than 20 000 hectares handed over in June
  2003.
• Appreciate support from Portfolio Committee
  members who gave us support.
• See Focus on Land Month

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RESTITUTION CHALLENGES

• Late Lodgment of claims
• People who did not lodge their claims.
• Difficult Rural Claims
• Most of rural claimants are illiterate.
• Construction of family trees.
• Ex-homeland areas unregistered and un-surveyed
  rights.
• Not titles/maps.
• Identity documents, death certificates, marriage
  certificates, affidavits.

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RESTITUTION CHALLENGES

• Exorbitant Land Prices and unco-operative White
  Farmers
• Market-based land reform.
• Negative attitude and hostility.
• Protracted Negotiations, Disputes and Mediation
• Agreement.
• Validity of the claim.
• Land use

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RESTITUTION CHALLENGES

• Poverty and Financial Compensation
• Land appreciates in value.
• Land is a factor of production.
• Land can be passed on.
• Land marks the dignity.
• Agricultural Development
• Lack of technical skills.
• Business skills.
• Organizational skills.
• Development planning skills
• Financing and financial management.

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RESTITUTION CHALLENGES

• Housing Development
• Budget constraints of Municipalities.
• Land for housing development.
• Rural housing.
• Inadequate capacity
• Integrated Development Planning and Rural
  Livelihoods
• Co-operative governance.

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RESTITUTION CHALLENGES

• Funding for Restitution
• R1.2 billion to finalize claims prioritized for
  this year.
• Role for Donor agencies to support restitution.

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Challenges and Critical Issues for ISRDP-URP
Implementation

• The municipalities IDP formulation processes
  tend not to integrate land reform
• Poor or lack of coordination during
  prioritization process
• Limited capacity within RLCC to deal with
  divergent priorities as demands arise

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Challenges and Critical Issues for ISRDP-URP
Implementation(Cont)

• The long process taken to resolve claims
  perceived as stumbling block to development
• Lack of resources (financial, human, physical)
  for municipalities to complement Restitution
  awards as well as capacity to implement the
  agreed projects.

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Challenges and Critical Issues for ISRDP-URP
Implementation(Cont)

• Align priorities to include current municipal
  ISRDP and URP anchor projects.
• The institutional frameworks for Post Settlement
  processes.
• Resource Mobilization and Donor Support for
  sustainable development.
• Project Management skills for beneficiaries
  (Capacity building)

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• GAZETTE NO. 25217 OF 25 JULY 2003

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RESTITUTION OF LAND RIGHT AMENDENT BILL

• Purpose
• Limitations of the current legislations
• The Amendment

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• Purpose of the Bill
• To empower the Minister of Land Affairs to
  purchase, acquire in any other manner or
  expropriate land, a portion of land or a right in
  land for the purposes of the restoration or award
  of such land, portion of land or rights in land
  to a claimant or for any other land reform
  purpose.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• (b).To deal with the inadequacies of the current
  legislation
• Section 35 (5A) no need to get agreement of all
  parties before expropriation.
• Section 42D(1)(d) no need to get a Court Order
  before expropriation.
• Expropriation Act, No.63 of 1975 empowers only
  the Minister of Public Works to expropriate for a
  public purpose (roads, bridges, dams, schools,
  etc.). The Amendment empowers the Minister of
  Land Affairs to expropriate for Land reform
  purposes.
• Section 24(3) of the Constitution provides for
  expropriation for Land reform (public interest)
  purposes.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• ( c ). Just and Equitable Compensation
• Those expropriated will be compensated fairly
  based on market values.
• Have recourse (Court) if unhappy with amount of
  compensation. (Constitutional right)

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• (d). Process and Progress to date (RLRAB)
• Call for comment from all interested parties made
  on 9 May 2003. (Gazette Notice 1331 No. 24823)
• Comments received and evaluated of 20 June 2003.
• Well attended Expropriation Amendment Bill Indaba
  at Burgerspark Hotel in Pretoria on 26 June 2003
  discussed comments.
• Technical Team met with Deputy Minister to
  consider comments and inputs from Indaba, make
  final draft, submit to Cabinet.

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RESTITUTION OF LAND RIGHTS AMENDMENT BILL
(RLRAB)(Expropriation)

• Bill endorsed by Cabinet and State Law Advisers.
• Public Hearings by Portfolio Committee on
  Agriculture and Land Affairs planned for 25 and
  26 August 2003.

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COMMISSION ON RESTITUTION OF LAND RIGHTS

• I THANK YOU
• Presented by
• Mr. T T Gwanya
• Chief Land Claims Commissioner
• Private Bag X833
• PRETORIA
• 0001
• Tel. [phone]
• Fax [phone]
• E-mail ttgwanya_at_dla.gov.za

Website address www.land.pwv.gov.za