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DEPARTMENT OF LAND AFFAIRS

DEPARTMENT OF LAND AFFAIRS

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DEPARTMENT OF LAND AFFAIRS

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    1. DEPARTMENT OF LAND AFFAIRS STRATEGIC PLAN 2008-2009 BUSINESS UNUSUAL! Presentation to the Select Committee on Land and Environmental Affairs Mr Mdu Shabane Acting Director-General 6 May 2008

    2. Business Unusual! 2 Presentation Outline Strategic Context underpinning DLAs 2008 2009 Strategic Plan DLAs 2008 2009 Strategic Plan: (Emphasis on Priority Areas) Resources for Strategic Plan Implementation Conclusion

    3. Business Unusual! 3 STATE OF THE NATION ADDRESS (8 February 2008) The following are SONA directives relating to the DLA: that we should ensure speedy, efficient and effective implementation of our policies and programmes (this includes, amongst others, the processing of applications for investment in relation to land acquisition, etc); that we should address all issues relating to the processing of the Land Use Management Bill (LUMB); that we should develop plans and effectively implement them, to address the challenges we face in relation to finalising land restitution cases;

    4. Business Unusual! 4 that we should contribute towards the development and implementation of a determined rural development programme; that we should improve services and assets among poor communities; that we should contribute towards national efforts against poverty, especially in terms of the establishment and effective operation of the National War Room for a War Against Poverty; that we should speed up land and agrarian reform, with detailed plans for land acquisition, better implementation of agricultural support services and household food support; that we should speed up the audit on land ownership; that we should contribute towards national efforts aimed at speeding up the development of sustainable and decent human settlements.

    5. Business Unusual! 5 KEY PRIORITY AREAS Fast tracking land reform delivery by using tools such as expropriation, in line with the provisions of the Constitution. Speed up formulation of policy and legislation to regulate access to and ownership of land by foreigners. Development of policy and legislation to implement the recommendations relating to the review of willing buyer-willing seller. Develop an implementation plan for an effective settlement and implementation strategy, and thus provide comprehensive support to land reform beneficiaries. Work towards an effective management control and administration of state land.

    6. Business Unusual! 6 Finalise state land audit. Implementation of CLaRA to unleash development potential in the former homeland areas. Liaise with state departments including national, provincial and municipalities as well as state-owned enterprises to make state land available for land reform purposes. Link land and agrarian reform to the broader integrated and sustainable rural development strategy. Improve capacity to deliver. Provision of land for sustainable human settlement. Develop programmes for the empowerment of women, children, people with disabilities and those living with HIV/AIDS, youths and older persons.

    7. Business Unusual! 7 Legislative Programme Land Use Management Bill High priority provides a regulatory framework for land use management and impacts on spatial planning. Supported by Cabinet Committee on 26 Feb 2008; approved by Cabinet on 5 March 2008. Referred to State Law Advisors for legal editing. Surveying Profession Bill Aims to transform the surveying profession and empower Black people by extending access to the profession (e.g. existing technicians will immediately qualify to be registered as surveyors). This will increase the pool of land surveyors and address the problem of scarce skills in this field. Submitted to Deputy Minister on 8 Feb 2008. DLAs 2008 2009 STRATEGIC PLAN - PRIORITY AREAS:

    8. Business Unusual! 8 Legislative Programme continues Deeds Registries Amendment Bill The Bill mainly contains amendments of administrative nature, requested by the Deeds Regulations Board and the Office of the Chief Registrar of Deeds. It is to be published for public comment. A draft amendment of Regulation 18 has been finalized, to be submitted to an ad hoc meeting of the Board for consideration and recommendation to the Minister. Legislation on ownership of land by foreigners is also being drafted and the Deeds Registries Act may have to be amended to accommodate PLOF recommendations and consequential changes. Sectional Titles Amendment Bill Based on request of LOGB to reprioritize legislation, it was decided not to proceed with this Bill, but to include 2008 amendments to be recommended by Sectional Titles Regulations Board. Black Authorities Act Repeal Bill High priority racially discriminatory and obsolete Act: On the statute book since 1951. Awaiting consent of provincial governments to repeal Act. Provision of Land and Assistance Amendment Bill High priority - inter alia to make provision for PLAS. Published for public comment on 22 Feb 2008; closing date 14 March 2008 where after comments are to be considered; Bill to be amended (if necessary); to be submitted to Cabinet for consideration.

    9. Business Unusual! 9 Outputs: 1. Improved service delivery Whats been done: Proposed new structure approved by Minister Recruitment of posts lower than Director level being implemented in line with proposed new structure Whats still to be done: Final approval of top structure by DPSA Optimal Business Architecture that achieves departmental strategic objectives 2. Implementable policies, legislative and regulatory reforms to intervene in the land market Whats been done: Policy on Land Owned by Foreigners: - Report gazetted in November 2007 with the deadline for public comments being 14 December 2007; - Inter-departmental Task Team established to analyze and synthesize a draft proposal based on comments received;

    10. Business Unusual! 10 Administration Outputs continues - Memorandum drafted with proposal for amending Regulation 18 (in respect of disclosure); - A new draft Bill (instead of amending the Deeds Registries Act) done WBWS (Done) - Cab Memo submitted (and actual review document as annexure); - Presentation was made to the Social Committee Cluster (on 27th Feb); recommended discussion at the Cabinet meeting of 5 March 2008. Whats still to be done: PLOF - Analysis and consolidation of the public comments (currently in progress) - DLA to draft discussion paper (synthesizing the public comments and provide an executive summary of the Panels report, what is feasible, etc) for deliberation by the Task Team;

    11. Business Unusual! 11 Administration Outputs continues WBWS: (still to be done) - Footnote to indicate we need to finalize land acquisition instruments - Finalize Formula for calculating compensation 3. Implementable policies, legislative and regulatory reforms to benefit people living on communal land and State land

    12. Business Unusual! 12 Administration Outputs continues 4. Implemented Security Policy in line with MISS and other National Security Directives Whats been done: Appointed Security Technical Advisor to standardize physical security measures Tender for standardizing physical security measures for Limpopo, Gauteng, North West and Mpumalanga advertised. Awaiting Bid Committee approval. Whats still to be done: Engagement with trade unions regarding the reviewed Security Policy and Directives 5. Implemented Occupational Health and Safety (OHS) policy and related safety regulations Whats been done: Appointed service provider to assist with the OHS Risk Assessment and implementation of the Tobacco Products Control Act, Act 12 of 1999 Whats still to be done: Issue a circular (directives) regarding smoking at the working place while waiting for the approved Smoking Policy Develop Smoking Policy

    13. Business Unusual! 13 Administration Outputs continues 6. A client-approved, GCIS guidelines-compliant, comprehensive communication strategy to support the Ministry and Departments strategic and operational plans to support core objectives Whats been done: Tender published and adjudication taken place Whats still to be done: Awarding the tender and development of comprehensive plan

    14. Business Unusual! 14 Programme 2: Surveys and Mapping Outputs: 1. Integrated Spatial Reference Framework Whats been done: 95% availability at all times of permanent spatial reference points and positioning service from TrigNet stations achieved Whats still to be done: Sustain the achieved level of performance 2. Earth imagery (aerial photography / satellite imagery) covering the whole country (1.22 million km) updated coverage Whats been done: 220 000 sq. km high resolution of earth imagery acquired in 2007/08 Whats still to be done: 220 000 sq. km of high resolution imagery in 2008/09

    15. Business Unusual! 15 Survey and Mapping Outputs continues 3. Maps and other geo-spatial information covering the whole country (1.22 million km). Whats been done: 175 000 sq.km of topographic data updated and 1562 maps produced/revised in 2007/08 Whats still to be done: 150 000 sq. km of topographic data updated and 1614 maps produced/revised in 2008/09 4. Professional and technical support and client services (other than land reform) to all spheres of government and other organs of State. Whats been done: Target of 5 days being the maximum time it takes to respond to clients request Whats still to be done: Sustain and/or exceed the set norm

    16. Business Unusual! 16 Programme 3: Cadastral Survey Management Outputs: 1. Registrable diagrams, general plans and sectional title plans approved, maintained and archived in terms of the Land Survey Act, 1997 and Sectional Titles Act, 1986 Whats been done: Achieved target of processing 95% diagrams, general plans and sectional title plans within targeted 15 days Whats still to be done: Maintain (or exceed) the 15 days processing targets 2. Complete and current spatial information pertaining to all land parcels in South Africa, in both paper and digital format; Whats been done: Process of audit of state land in the process of being finalized Exceeded the target of adding all newly created land parcels to the database Whats still to be done: Complete the state land audit process Maintain the set standard for the adding of all newly created land parcels to the database

    17. Business Unusual! 17 Cadastral Survey Management Outputs continues 3. Cadastral survey management services supplied in all provinces: Whats been done: Establishment of a Surveyor-Generals Office in North West: Project Team appointed, implementation plan developed and separation of records in progress Whats still to be done: Implementation of plans to ensure the office is fully functional by end of 2008/09 financial year 4. Amended surveying legislation implemented to support governments aims and objectives on economic development and poverty reduction: Whats been done: In terms of the amendment of the Land Survey Act Regulations: Board members appointed Whats still to be done: Implementation of the Surveying Profession Act Amend Land Survey Act Regulations to accommodate Communal Land Rights Act and Global Position System Technology

    18. Business Unusual! 18 Cadastral Survey Management Outputs continues 5. Trained Professional Land Surveyors, Professional Surveyors, Survey Technicians and Survey Officers from target groups Whats been done: Training Unit in CSG formed Training Plan developed and to be implemented beginning 2008/09 financial year Whats still to be done: Implementation of plans to train 70 Pupils Survey Officers and 40 Interns (Survey Technicians and Professional Land Surveyors in Training)

    19. Business Unusual! 19 Programme 4: Restitution Outputs: 1. Claimed/alternative land restored to restitution claimants contributing to the LARP Programme Whats been done: The development of an implementation plan (part of LARP implementation plan) is underway What still to be done: A total of 1 034 000 ha of restituted land contributing to LARP 2. All lodged restitution claims settled Whats been done: Over 94% of claims settled A plan of action entailing challenges and strategies for the settlement of outstanding claims has been developed and was presented to Cabinet on 26 March 2008. Cabinet decision is awaited. Whats still to be done: Settle the 2008/9 target of 2 585 outstanding, complex rural claims Detailed implementation plan developed to address the settlement of outstanding claims

    20. Business Unusual! 20 Restitution Outputs continues 3. Restitution memorials in each Province commemorating claims settled in that province Whats been done: Service Providers appointed to undertake amongst others, provincial consultations Whats still to be done: Implementation of the 1st phase of memorial nationally 4. Settlement support processes of land claims with development aspect facilitated to ensure sustainable development Whats been done: Settlement Implementation Support Strategy developed Whats still to be done: Analysis and implementation plan by June 2008 5. Rights of vulnerable groups protected in the resolution of land claims; Whats been done: 40% of settled claims are for female headed households Whats still to be done: Strategy to be developed by July 2008 to ensure vulnerable groups rights are addressed in the finalization of claims

    21. Business Unusual! 21 Programme 5: Land and Tenure Reform Outputs: 1. Productive White-owned agricultural land provided to Black South Africans for sustainable agricultural development Whats been done: 4.7 million ha redistributed Areas-Based Planning being conducted with municipalities and metros, out of which land needs for municipalities and metros will emerge LARP developed Whats still to be done: Redistribute 1.5 million ha in the 2008/09 financial year Finalize the amendment of Act 126 2. Labour tenant claims settled in a manner that promotes their socio-justice Whats been done: 12 427 labour claims settled through LRAD Whats still to be done: Settle 4 840 labour claims

    22. Business Unusual! 22 Land and Tenure Reform Outputs continues 3. Roll-out of Land Rights Management facility: Whats been done: Two service providers appointed to set up and manage a database of lawyers and mediators. Interim measures developed for referral of extreme cases Whats still to be done: Land Rights management facility services to be fully operational by June 2008

    23. Business Unusual! 23 Land and Tenure Reform Outputs continues 4. CLaRA Implemented in a manner that promotes social and economic development Whats been done: ClaRA Baseline Study completed ClaRA regulations developed Whats still to be done: Tabling of the regulations to Cabinet Implementation of ClaRA in ex-homeland areas Establishment of 1 Land Rights Board in each affected provinces by June.

    24. Business Unusual! 24 Land and Tenure Reform Outputs continues 5. State land proactively vested Whats been done: Since 1994 a total of 28 588 land parcels have been vested to date. Of the 108 222 surveyed State land parcels, at least 26% has been vested. Whats still to be done: 2 370 parcels to be submitted for confirmation of vesting in the 2008-2009 period. 6. National State Land Administration Strategy developed Whats been done: Composing elements (disposal, valuation, leases, etc) which include non core state assets have been identified Preliminary discussions held with Stakeholders regarding the strategy, and the strategy is a standing item for the National State Land Steering Committee. State Land lease Debtor system now operational (though not fully) Whats still to be done: Strategy to be developed by June 2008

    25. Business Unusual! 25 Programme 6: Spatial Planning and Information Outputs: 1. Develop, implement and monitor legislation, regulations and guidelines Whats been done: LUMB developed and tabled to the Cabinet Committee Some aspects of LUMB piloted in some provinces as directed by President in the SONA Whats still to be done: Table LUMB in 2008 Develop Spatial Data Infrastructure Act regulations Develop National land use monitoring framework

    26. Business Unusual! 26 Spatial Planning and Information Outputs continues 2. Provide technical skills and services at provincial and municipal level Whats been done: Provided capacity building support to provinces (Northern Cape, Limpopo and Mpumalanga around SDF, land use schemes and management systems, etc Integrated hands on support to provinces with DPLG Whats still to be done: Establish Offices in the 5 remaining provinces Formulation of Spatial Development Frameworks

    27. Business Unusual! 27 Programme 7: Deeds Registration (Auxiliary Services) Outputs 1. Secure title to real rights in land Whats been done: The target of number of days it takes to lodge a deed achieved in most Deeds Offices Whats still to be done: Achieve the target of 10 days it should take for deeds to be available after registration 2. Expedited registration for land reform and housing beneficiaries Whats been done: Expedited all land reform transactions for registration within 5 working days Whats still to be done: Address capacity of the conveyancing fraternity and empower them to proclaim townships when land has been identified for development

    28. Business Unusual! 28 Deeds Registration Outputs continues 3. A transformed cadastre Whats been done: The electronic system being implemented; Whats still to be done: 50% implementation of the Cadastral Reform Plan 4. Deeds services provided to the people at point of need Whats been done: Implementation plan developed Whats still to be done: Operational Deeds Registry in Limpopo in the 2008/09 financial year

    29. Business Unusual! 29 Human Resources - Recruitment Plan RESOURCES FOR STRATEGIC PLAN IMPLEMENTATION

    30. Business Unusual! 30 VACANCIES ON 1 APRIL 2006

    31. Business Unusual! 31

    32. Business Unusual! 32 PROGRESS SMS

    33. Business Unusual! 33 PROGRESS SMS (CONT)

    34. Business Unusual! 34 ACTION PLAN Graduate programme- reduce vacancy by 450 Exit interviews - reduce staff turnover Abolish posts- reduce vacancy Management commitment Posts categorized into salary levels On site project coordinator Weekly meetings with service provider

    35. Business Unusual! 35 TOTAL DEPARTMENT YEAR ON YEAR COMPARISON 2006/07 VS 2007/08

    36. Business Unusual! 36

    37. Business Unusual! 37

    38. Business Unusual! 38 MTEF ALLOCATIONS PER PROGRAMME 2007/08

    39. Business Unusual! 39 BUDGET 2007/08, MTEF FOR THE NEXT 3 YEARS ALLOCATION PER PROGRAMME

    40. Business Unusual! 40 3 land Delivery Scenarios: SCENARIO 1 The first scenario relates to planning based on the current MTEF, in terms of which the Department will be able to deliver land as follows: 2008/2009 financial year: Within the baseline of R2 616b the Department will only be able to deliver 647 125 hectares. Set against the target of 1.5 m hectares an additional R2 325b is needed. 2010/2011 financial year: Within the baseline of R3 008b the Department will only be able to deliver 791 205 hectares. Set against the target of 2.8 m hectares an additional R7 120b is needed. 2011/2012 financial year: Within the baseline of R3 189b the Department will only be able to deliver 786 094 hectares. Set against the target of 3.8 m hectares an additional R11 901b is needed. CONCLUSION

    41. Business Unusual! 41 Scenario 2 The second scenario assumes an incremental approach, where the Department will be able to deliver the remaining 21.4 million ha by 2014. It assumes that the current baseline will be increased to the corresponding number of hectares to be delivered per year. Incremental approach for 30% target: 2008 - 2014 Scenario 3 The third scenario assumes that with no additional budget except that of the MTEF allocation (and based on a 6% escalation in the outer years till 2014), the average number of hectares that can be delivered is 809 623. Thus, the required delivery of 22m hectares will (based on this scenario) take 17 years (by the year 2025). 30% target by 2025 linear approach (2008/09 2016/17)

    42. Business Unusual! 42 A Partnership to Fast Track Land Reform: Business Unusual! THANK YOU!