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Land Rights Management Facility – the state of affairs Presentation to the Portfolio Committee on Rural Development and Land Reform 29 October 2014. Briefing Requested on:. Five Year (2009/10 – 2013/14) An overview, rationale and how the Land Rights Management Facility (LRMF) functions;
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Land Rights Management Facility – the state of affairs Presentation to the Portfolio Committee on Rural Development and Land Reform 29 October 2014
Briefing Requested on: • Five Year (2009/10 – 2013/14) • An overview, rationale and how the Land Rights Management Facility (LRMF) functions; • Types and status of mediation cases per province; • Types and status of legal services cases per province; and • The Expenditure trends.
Rationale, overview and Functioning • Established in 2007 and became fully functional mid 2008; • To provide legal and mediation services to indigent farm occupiers; • Due to lack of legal representation and inadequacy thereof; and • Nkuzi judgement of 2001. • In 2010 expanded the mandate to include other LR Programmes(CPA and Restitution).
Overview • Provision of Legal Representation and Mediation services to: • Labour tenants in terms of the Land Reform (Labour Tenants) Act; • Farm occupiers/workers in terms of the Extension of Security of Tenure Act; • Claimants in terms of the Restitution of Land Rights Act; and • Assistance and support to Communal Property Associations in terms of the Communal Property Association Act.
Overview • Administration and Management by Cheadle Thompson and Haysom (CTH) • Legal and Mediation Panels spread through out the country (Law firms and professional mediators) • Strict selection to the panels.
Functioning • Tenure and Restitution matters: • Individuals and communities report their matters to District and Provincial offices; • Assessments and approvals for either Legal or Mediation service done at District and Provincial offices; • In case of Restitution by the CLCC;
Functioning Cont… • Thereafter referred to CTH; • CTH appoints a panellists based on the Criteria (complexity, vicinity, language etc; • Together with the Referring office conducts monitoring on the developments of the matter; • CTH provides Bi-monthly and Quarterly report to the Department; • CTH responsible for receiving , checking and settling invoices from Panellists; and • CTH responsible for capacity building of panellists through Training and Review Sessions.
Mediation cases – 2009/10 – 13/14 • 139 mediation matters so far; • 106 have been closed; • 42 were successful; • 64 unsuccessful; and • 24 pending.
Present Distribution Per Programmes(Tenure, Rest and CPI) 1024
