STRUCTURES

1. AMAJUBA GROWTH AND DEVELOPMENT SUMMIT 07- 08 MARCH 2013PRESENTATION BY Nombulelo Mbonane Focus AreasAmajuba District MunicipalityThe three local municipalities: Newcastle, Danhauser and Utrecht local municipalities

2. STRUCTURES Community • Utrecht Crisis Committee • Newcastle Crisis Committee • Dannhauser Crisis Committee Landowners • Newcastle Local Municipality: Normandien Farmers Association, Botha Pass Farmers Association and Ingogo Farmers Associations • Utrecht Local Municipality: Central Utrecht Farmers Association, Groenvlei Farmers Association, Blood River Farmers Association. • Dannhauser Local Municipality: Hattingspruit Farmers Association, Normandien Farmers Association

3. FOCUS AREAS LAND RIGHTS PROJECTS • Farm dwellers protected by Extension of Security Of Tenure Act 4 of 1997 (ESTA) and Land Reforms ( Labour Tenants)Act 3 of 1996. • These two acts protects farm dwellers from illegal evictions.

4. 2.REDISTRIBUTION • These are people who have express the need for land for agricultural development. • They were dealt before using Land Redistribution for Agricultural Development (LRAD), and Settlement and Production Land Acquisition Grant (SPLAG) Policy.

5. Land acquired using Proactive Land Acquisition Strategy (PLAS) Policy . • Land Acquisition through PLAS: focus only on strategically located land informed by a plan developed by SPI: linked to commodities and enterprise development, existing Provincial frameworks, Agric. hubs and development corridors, OVERLAY with concentration of labour tenants and farm dwellers and Restitution to achieve “Agrarian transformation.

6. TOTAL PROPERTIES PURCHASED AND TRANSFERRED TO DATE • The above translate into approximately 15, 3 % redistribution of white owned land to previously disadvantaged groups.

7. RECAPITALIZATION AND DEVELOPMENT PROGRAMME • The Department of Rural Development and Land Reform has introduced the Recapitalization and development Programme: linked to enterprise development and job creation opportunities (primary agriculture, agro-processing etc). • Objectives: to increase production, guarantee food security, graduate small farmers to commercial, increase employment opportunities and establish rural development rangers •  This programme will help the farms that are in distress and those that are bought as going concern to be productive.

8. OVERLAPPING LAND RIGHTS (CLAIMS) • The three local municipalities under Amajuba were affected by overlapping land claims i.e. restitution and labour tenant claims. • This occurred where two or more people claiming ownership of one property or used of land. This region is highly affected by Restitution land claims and those properties are occupied by labour tenants or farm dwellers or farm residents.   • Therefore farms affected by overlaps turn to be centre of land rights infringements; this due to once the land has been gazetted under restitution, the Office (Newcastle) cannot assist farm dwellers in purchasing a gazetted land and the office can only mediate if conflicts between landowners and farm dwellers arise. • The two offices (PSSC and RLCC) have embarked to solve the conflicts by including both beneficiaries in one legal entity but conflicts still continues. Figure: Map produced by SPS KZN

9. LIST OF OVERLAPPING LAND RIGHTS/ CLAIMS

10. LIST OF OVERLAPPING LAND RIGHTS/ CLAIMS • The Amantungwa, Ingulane, Ecikweni and Ngogo; this claims were over -gazetted and most of this properties will be degazetted. This gave our office a chance to buy for farm dwellers.

11. Land Rights Infringements Cases • As highlighted in the background; Amajuba District is the hot spot when comes land rights infringements cases; this is because Amajuba has a high numbers of people residing on privately owned commercial agricultural lands and this through labour tenant agreements and other people came to the farms with leases and stay on the farm for long period and now they have accumulated land rights. • They were given land rights by landowners to reside on the farm and provide labour, some are getting payment and some are receiving payment in kind i.e. land for settlement, grazing and for cropping. The above will be then translated into agreement. •  As soon as there is breach in agreement, conflicts arise between the landowner and the labour tenants or farm dwellers; as landowners will want evict farm dwellers who are unable to provide labour and hire others who can provide labour and to use the land.

12. Land Rights Infringements Cases

13. Conclusion • The Newcastle Office is working together with all stakeholders at Amajuba more especially the Community Based Organization i.e. LPM, Ngogo Crisis Committee, Utrecht Crisis Committee and Dannhauser Crisis Committee; in resolving the disputes between landowners and farm dwellers and prioritization of farms to be purchased. • The most of the labour tenant applications have been settled indirect as landowners do not consider selling their properties to the benefit of settling an application lodged. The reason is the change of land ownership and the labour tenant application is based on the agreement reach between previous landowners and forefathers of the farm dwellers. • The two offices have agreed that the Land Reform Office will proceed purchasing land even if it gazetted only if there are issues of land rights infringements. Since most of the properties under Ngogo and Ecikweni claims have been degazetted; the Newcastle Office will start purchasing land and settle labour tenant applications lodged until 31 March 2001.

14. conclusion • The target of reaching 30% of white owned commercial agricultural land at Amajuba can be realized if the two offices (PSSC and RLCC) worked together, the use of relevant stakeholders i.e. Municipalities, Amajuba Forum for Agricultural Development, Amajuba Agricultural Committee and Government Departments.

17. Thank you NGIYABONGA