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COMMISSION ON RESTITUTION OF LAND RIGHTS

COMMISSION ON RESTITUTION OF LAND RIGHTS. PRESENTATION AT THE BUDGET HEARINGS FOR PORTFOLIO COMMITTEE ON AGRICULTURE AND LAND AFFAIRS 03 JUNE 2004 Presented by: Mr T.T. Gwanya P.Bag X833 PRETORIA South Africa Tel: (012) 312 9244 Fax: (012) 321 0428

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COMMISSION ON RESTITUTION OF LAND RIGHTS

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  1. COMMISSION ON RESTITUTION OF LAND RIGHTS PRESENTATION AT THE BUDGET HEARINGS FOR PORTFOLIO COMMITTEE ON AGRICULTURE AND LAND AFFAIRS 03 JUNE 2004 Presented by: Mr T.T. Gwanya P.Bag X833 PRETORIA South Africa Tel: (012) 312 9244 Fax: (012) 321 0428 E-mail: ttgwanya@sghq.pwv.gov.za Website: www.land.pwv.gov.za/restitution Land: Key to Economic Growth and Poverty Alleviation

  2. LAND REFORM POLICY • The injustices of racially based land dispossession of the past, • the need for a more equitable distribution of land ownership, • the need for a land reform to reduce poverty and contribute to economic growth, • security of tenure for all, and • a system of land management which will support sustainable land use patterns and rapid land release for development, Land: Key to Economic Growth and Poverty Alleviation

  3. Elements of Land Reform Progamme • 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 (87:13% the White: Black land ownership ratio debate). • Land Restitution covers cases of forced removals which took place after 1913. They are being dealt with by a Land Claims Court and Commission on Restitution of Land Rights established under the Restitution of Land Rights Act, 22 of 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). Land: Key to Economic Growth and Poverty Alleviation

  4. Restitution (Commission) • Constitution Act 108 of 1996 Ch 2 s25 (6-9) Restitution Act 22 of 1994 as amended • Dispossession after 19 June 1913 • Claim lodged by 31 December 1998 • Racially discriminatory laws and practices • Just and equitable redress • Urban and rural claimants • Land owners, tenants, Users, beneficial occupations Land: Key to Economic Growth and Poverty Alleviation

  5. OUTLINE OF THE RESTITUTION CLAIMS PROCESS Land: Key to Economic Growth and Poverty Alleviation

  6. OUTLINE OF THE RESTITUTION CLAIMS PROCESS (Cont…) Land: Key to Economic Growth and Poverty Alleviation

  7. CLAIMS SETTLED as at 31 March 2004CUMMULATIVE up to 31/03/04By Province Land: Key to Economic Growth and Poverty Alleviation

  8. Settled Claims (Provincial Stats) Cumulative: 1995 to date(Finance) Land: Key to Economic Growth and Poverty Alleviation

  9. RURAL /URBAN CLAIMS SETTLED Land: Key to Economic Growth and Poverty Alleviation

  10. RESOURCING OF THE COMMISSION EXPENDITURE 2003/2004 Land: Key to Economic Growth and Poverty Alleviation

  11. RESOURCING OF THE COMMISSION EXPENDITURE 2003/2004 Land: Key to Economic Growth and Poverty Alleviation

  12. CLAIMS SETTLED TO DATE Land: Key to Economic Growth and Poverty Alleviation

  13. CLAIMS SETTLED TO DATE Land: Key to Economic Growth and Poverty Alleviation

  14. EXAMPLES OF RURAL CLAIMS SETTLED • Guba, near Queenstown, involving 357 households, 6531 hectares of agricultural land. • Tshatshu, near Kingwilliamstown involving 213 hectares and 189 households. • Thaba Patchoa in the Free State, with 1550 hectares of agricultural land for 53 households as well an additional 650 hectares for the former sharecroppers. • Bucklands in the Northern Cape, involving 21 farms for 380 claimants households. Land: Key to Economic Growth and Poverty Alleviation

  15. EXAMPLES OF RURAL CLAIMS SETTLED • Monamaladi in North West province, involving 60 hectares as well as an additional 100 hectares for the Nkainkela Community of 20 families. • Tigerkloof Educational Institution in North West measuring 1189 hectares. • KwaBhanye in KwaZulu Natal (KZN) measuring 3000 hectares involving 855 households. Land: Key to Economic Growth and Poverty Alleviation

  16. EXAMPLES OF RURAL CLAIMS SETTLED • Hlaza in the North West of KZN measuring 1020 hectares for 150 families. • Nkaseni in Mtshezi Local Municipality measuring 11457 hectares for 1050 households. • Rooipan in Limpopo involving 1484 hectares of agricultural land for 160 households. • Marobala – O – Itsose involving 10 000 hectares for 1500 beneficiaries. Land: Key to Economic Growth and Poverty Alleviation

  17. EXAMPLES OF RURAL CLAIMS SETTLED • Baphalane – Ba – Mantserre in Limpopo involving 1884,3704 hectares for 500 households. • Bjatladi (Zebediela) in Limpopo involving 5973 hectares for 250 households. • Mdluli claim in Mpumalanga involving 6046.322 hectares and 500 (+850 current occupiers) households. • Giba in Hazyview, involving 1942 hectares and 500 households. Land: Key to Economic Growth and Poverty Alleviation

  18. EXAMPLES OF LAND CLAIMS SETTLED THROUGH LAND CLAIMS COURT Land Claims Court Cases: Restitution of Land Rights Act, No 22 of 1994 2003 (Cases Settled by the Land Claims Court as well as Supreme Court of Appeal • Richtersveld Community and others v Alexkor and another. • Restitution of Land Rights Act No 22 of 1994. Richtersveld Community entitled to restitution of customary law interest in land. • The claimants have lost their right in land and mineral rights and therefore took the matter to Court by way of direct access procedure as prescribed in the Restitution of Land Rights Act 22 of 1994. Land: Key to Economic Growth and Poverty Alleviation

  19. EXAMPLES OF LAND CLAIMS SETTLED THROUGH LAND CLAIMS COURT(Continues) • Richtersveld Community and others v Alexkor and another. • The Constitutional Court confirmed the Supreme Court of appeal finding, in ruling that the community’s rights survived annexation by the British Crown in 1847, that the community had a right in land at 1913, and further that the community was dispossessed of the land through rationally discriminatory laws or practices. Land: Key to Economic Growth and Poverty Alleviation

  20. EXAMPLES OF LAND CLAIMS SETTLED THROUGH LAND CLAIMS COURT(Continues) • Keppler and others v the Department of Land Affairs • The Court ordered that compensation of R43 300-00 be awarded to Nora Keppler in respect of the dispossession of Lot 87, The Highlands. This claim forms part of the larger Highlands Claim. Land: Key to Economic Growth and Poverty Alleviation

  21. EXAMPLES OF LAND CLAIMS SETTLED THROUGH LAND CLAIMS COURT(Continues) • Baphiring Community v Uys and others • A group of some 383 persons who describe themselves as “the Baphiring Community” brought a restitution claim directly to the Land Claims Court under Chapter III A of the Restitution of Land Rights Act. Land: Key to Economic Growth and Poverty Alleviation

  22. EXAMPLES OF LAND CLAIMS SETTLED THROUGH LAND CLAIMS COURT(Continues) • Baphiring Community v Uys and others(continues) • The group claimed and order restoring the common law title of certain land commonly known as “the old Mabaalstad”, to a communal property association. There were 22 defendants in this case, mostly the present owners of the land claimed, who resisted the claim. Land: Key to Economic Growth and Poverty Alleviation

  23. EXAMPLES OF LAND CLAIMS SETTLED THROUGH LAND CLAIMS COURT(Continues) • Baphiring Community v Uys and others(continues) • In January 2002 the Land Claims Court ruled that the Baphiring Community had the necessary locus standi to bring this claim, and that their claim met the requirements of Section 2 of the Restitution Land Rights Act. By agreement between the parties the Court now had to consider the issue of just and equitable compensation. The Court held that the compensatory land and the cash payment the Community received at time of dispossession, fell far short of being just and equitable, and as a result the Community did not receive just and equitable compensation within the meaning of Section 2(2) of the Restitution of Land Rights Act 22 of 1994. • The feasibility of the restoration of land is still ongoing in the Land Claims Court Land: Key to Economic Growth and Poverty Alleviation

  24. EXAMPLES OF LAND CLAIMS SETTLED THROUGH LAND CLAIMS COURT(Continues) • The Khosis Community at Lohatla, The Gatlhose Community, The Maremane Community vs. The Minister of Defence and others • The matter was taken to the Land Claims Court to request that the subject land be restored. The subject land is situated on a battlefield and claimants would be endangered in the subject land were restored to them. The Court found that it is in public interest that the land on which the Battle School is situated is not restored to any claimants. Land: Key to Economic Growth and Poverty Alleviation

  25. FUNDING OF COMMISSION Land: Key to Economic Growth and Poverty Alleviation

  26. CHALLLENGES FOR COMMISSION • Whilst we have increased the number of claims settled the processing of rural claims remains the highest challenge. It takes approximately two years to finalise a typical rural claim. Challenges encountered in processing rural claims include the following:- • Most of the land in homeland areas is unregistered and unsurveyed, which makes deeds and archival research even more difficult. Land: Key to Economic Growth and Poverty Alleviation

  27. CHALLLENGES FOR COMMISSION • Time delays in producing identity documents, birth/death certificates, marriage certificates, and affidavits, documenting oral evidence and construction of family trees. • Family and Community (e.g. boundary) disputes take longer to resolve. It often takes time to reach an agreement on the manner in which the claim is to be settled. Land: Key to Economic Growth and Poverty Alleviation

  28. CHALLLENGES FOR COMMISSION • Claimants are dispersed far and wide, following the forced removals, it takes an effort and number of meetings to get claimants together for community resolutions. We have a number of cases where those absent reject the decisions made during their absence. • The exorbitant land prices, particularly of commercial agricultural farms, game farms, golf estates and forestry land. The purchase of land by foreigners has also contributed to increased land price, thus serious distortion of our land market Land: Key to Economic Growth and Poverty Alleviation

  29. CHALLLENGES FOR COMMISSION • Claimants do not want any other land but the specific land from which they were removed, on which “lies the bones of our forefathers”. • Some current landowners are opposed to restitution and consequently they drag the process to protracted negotiations. Land: Key to Economic Growth and Poverty Alleviation

  30. CHALLLENGES FOR COMMISSION • The integrated development approach to restitution requires a further injection of capital to ensure sustainable settlement. The restitution budget for 2004/ 5 has been increased to R939 million. We however need not less than R200 million for 2004/5 to enable restitution beneficiaries to make optimal use of the restored land, which is in line with the provision of section 42C of the Restitution Act. Land: Key to Economic Growth and Poverty Alleviation

  31. CHALLLENGES FOR COMMISSION • The Commission has a staff compliment of 390 out of 511 funded post. We have witnessed a high staff turnover recently and this is linked to the fact that our staff have five year contracts ending December 2005. We need a staff complement of 724 to be able to meet the Presidential directive of 2005. Land: Key to Economic Growth and Poverty Alleviation

  32. FINANCIAL COMPENSATION CHALLLENGES • There are however a number of challenges related to financial compensation and these include the following:- • Non disclosure by claimants which may lead to the exclusion of the rightful descendants and which in turn leads to family disputes. • Inadequate/conflicting claimants’ personal details, which delays payment. Land: Key to Economic Growth and Poverty Alleviation

  33. FINANCIAL COMPENSATION CHALLLENGES • The value of money depreciates whilst the value of land appreciates. • Some of the claimants are using the money in non-value adding activities, which does very little. Land: Key to Economic Growth and Poverty Alleviation

  34. CONCLUSION • Indeed the tide has turned, giving land back to the people. • Our land reform programme is guided by the rule of law.The steps followed in the restitution process are necessary to ensure equity, fairness, justice,restoration of dignity, reconciliation as well as economic growth and development. Land: Key to Economic Growth and Poverty Alleviation

  35. CONCLUSION • In this process we have learned a number of lessons including:- • Land restoration is the best option as it addressed the skewed land ownership. • Financial compensation is a response to poverty but it has many related problems and thus should be discouraged. Land: Key to Economic Growth and Poverty Alleviation

  36. CONCLUSION • People opting for land restoration should be given support (development planning and facilitation). • Agricultural land demands dedicated technical support including skills development, funding and management. Land: Key to Economic Growth and Poverty Alleviation

  37. CONCLUSION • Integrated development approach to land reform is critical, commitment from Provincial Governments and Municipalities is a must. • We have challenges which are surmountable if co-operative governance is observed by all. Rural claims are proving to be quite difficult and time consuming to process. Land: Key to Economic Growth and Poverty Alleviation

  38. CONCLUSION • The Private Sector, especially commercial farmers have a critical role to play in supporting our land reform programme. • We need both financial and human resources to speed up the processing of the remaining claims. Our current budget is R1.2 billion a year to settle prioritized claims. Land: Key to Economic Growth and Poverty Alleviation

  39. CONCLUSION • We need a further R200million for development planning and facilitation. • Generally our performance in restitution has a faster pace compared to other countries such as Canada, Australia, New Zealand and Germany • I thank you Land: Key to Economic Growth and Poverty Alleviation

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