RESTITUTION OF LAND RIGHTS AMENDMENT BILL, 2013 PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM 9 OCTOBER 2013. OVERVIEW OF THE RESTITUTION PROGRAMME REVIEW / EVALUATION OF THE PROGRAMME REGULATORY IMPACT ASSESSMENT (RIA) POLICY REFORMS PROVISIONS OF THE BILL
PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM
9 OCTOBER 2013
Mandate for restitution emanates from s25(7) of the Constitution.
Land restitution is one of four elements of land reform, the others being land redistribution, land tenure reform, and development.
The Restitution of Land Rights Act, 1994 regulates the restitution process. It provides for the establishment of the Commission (to solicit, investigate and attempt to resolve claims through mediation and negotiation) and the Land Claims Court (which adjudicates disputes arising from the process).OVERVIEW: RESTITUTION PROGRAMME
One of the current challenges of the land reform programme set out in the Green Paper on Land Reform (2011) is a restrictive restitution model.
- those that did not lodge claims before 31 December 1998,
- those dispossessed of their land before 19 June 1913, and
- those dispossessed by Betterment Planning Policies.REVIEW / EVALUATION OF THE PROGRAMME
In the State of the Nation Address, 2013 the Honourable President stated that:
“there are proposed amendments to the Restitution of Land Rights Act, 1994 in order to provide for the re-opening of the lodgement of restitution claims, by people who missed the deadline of 31 December 1998.
Also to be explored, are exceptions to the June 1913 cut-off date to accommodate claims by the descendants of the Khoi and San as well as heritage sites and historical landmarks.”
Clause 1 amends section 2 (1) (e) of the Act, to extend the date for lodging claims for restitution to 31 December 2018
Clauses 10, 11, 12 are consequential amendments of sections which refer to the cut off date for lodgment
To increase current administrative capacity, the preliminary estimation is that the DRDLR will take the following steps:
The DRDLR and GCIS shall implement a comprehensive communication plan which will be aimed at ensuring that all affected parties are informed of the extended date for the lodging of a claim for the restitution of a right in land.
Central to the communication campaign shall be the distribution of the citizens’ manual on land claims which will be translated to all official languages and those languages spoken by the Khoi and San Communities, and in brail.
The manual shall be distributed by the NARYSEC youth. Another important element of the campaign shall be the collection of oral history from those who have lived through the catastrophic effects of the 1913 Natives Land ActCOMMUNICATION IMPLICATIONS
In addition to the consultations held within the National Reference Group, 75 Consultative Workshops were held with stakeholders, mostly with communities in all Provinces.
The main objective of the consultative workshops was to inform the public and other stakeholders about the Bill, engage them, and obtain their inputs and comments on the contents of the Bill.
70 individuals and organisations submitted written comments.
The written and oral comments collected from workshops have been evaluated, resulting in the Bill in its present form.CONSULTATIONS UNDERTAKEN ON THE BILL