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STATUS REPORT ON THE LAND RIGHTS MANAGEMENT FACILITY ( LRMF)

STATUS REPORT ON THE LAND RIGHTS MANAGEMENT FACILITY ( LRMF). DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM. DATE : 8 SEPTEMBER 2010 TIME: 10:00 VENUE: COMMITTEE ROOM M 314, MARKS BUILDING, PARLIAMENT. OUTLINE. Background Rationale for the LRMF How does the LRMF Operate

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STATUS REPORT ON THE LAND RIGHTS MANAGEMENT FACILITY ( LRMF)

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  1. STATUS REPORT ON THE LAND RIGHTS MANAGEMENT FACILITY (LRMF) DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM DATE : 8 SEPTEMBER 2010 TIME: 10:00 VENUE: COMMITTEE ROOM M 314, MARKS BUILDING, PARLIAMENT

  2. OUTLINE • Background • Rationale for the LRMF • How does the LRMF Operate • Status of Mediation Cases • Status of Legal Services Panel Cases • LRMF beyond November 2010

  3. BACKGROUND • LRMF was established in November 2007. • Two service providers were appointed to provide mediation services (Mediation Transformation Practice) and manage a legal services panel (Cheadle Thompson & Haysom Incorporated). • Both contracts were for a three year period (2007 – 2010). • Call Centre (0800 007 095) also established to improve access for persons in need of assistance. • Call centre provides for all 11 official languages.

  4. RATIONALE FOR THE LRMF • Land Reform (Labour Tenants) Act, 1996 and the Extension of Security of Tenure Act, 1997 provided for rights that could mainly be asserted through legal mechanisms. • Existing legal aid system could not adequately provide for civil litigation including litigation on land matters. • Government has a legal obligation to provide legal assistance to persons living and working on farms (Nkuzi Development Association v Government of the Republic of SA and Another LCC 10/2001) and yet there was no functional mechanism. • Government procurement systems are not geared to respond as quickly as matters of this nature require.

  5. HOW DOES THE LRMF OPERATE? • Call Centre / District / provincial office receives a complaint. • Complaint assessed whether Departmental officials can deal with the matter or whether it requires legal intervention or mediation. • Matter is referred to either service on the basis of the said assessment. • Service provider conducts its own assessment and appoints an attorney/mediator from the panel if required. • Regular feedback to either Provincial/District Office and clients.

  6. STATUS OF MEDIATION CASES

  7. STATUS OF LEGAL SERVICES PANEL CASES

  8. THE LRMF BEYOND NOVEMBER 2010 • New tender has been advertised for the next 18 months. • Only a single service provider to be appointed. • Process to be finalised by October 2010. • The facility will be institutionalised through the proposed Land Tenure Security Law.

  9. THANK YOU

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