presentation to the select committee on land and environmental affairs

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Presentation to the Select Committee on Land and Environmental Affairs

13 November 2002

Presented by the:

Chief Land Claims Commissioner

Dr W Mgoqi

COMMISSION ON RESTITUTION OF LAND RIGHTS IKHOMISHANA YOKUBUYISELWA KWAMALUNGELO OMHLABA KHOMISHINI E MABAPI LE PUSETSO YA DITSHWANELO TSA LEFATSHE KOMMISSIE OP HERSTEL VAN GRONDREGTE

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Commissioners Mr T Gwanya, Eastern Cape Ms T Shange, KwaZula-Natal Mr B Mphela, Gauteng & North-West Mr A Roberts, Western Cape Mr S Ramakarane, Free State & Northern

Cape Mr N Nqana, Mpumalanga Mr M Mokono, Limpopo

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COMMISSION ON RESTITUTION OF LAND RIGHTSIKHOMISHANA YOKUBUYISELWA KWAMALUNGELOOMHLABAKHOMISHINI E MABAPI LE PUSETSO YA DITSHWANELO TSALEFATSHEKOMMISSIE OP HERSTEL VAN GRONDREGTE

QUARTERLY REPORT: – JULY – SEPTEMBER 2002

DEPARTMENTAL OUTCOMES

OUTPUTS PROGRESS

To-date 26 000 claims which equals 75% have been validated in total. For this quarter alone a total of 8 592 claims have been validated.

Claims validated

Validation to be finalised in Dec 02. Mandates to negotiate

23 mandates to negotiate were completed.

Urban and rural claims settled

3522 claims settled

74 641 hectares

Improved settlement of claims

Claims Settled 6618 households benefited

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COMMISSION ON RESTITUTION OF LAND RIGHTSIKHOMISHANA YOKUBUYISELWA KWAMALUNGELO OMHLABAKHOMISHINI E MABAPI LE PUSETSO YA DITSHWANELO TSALEFATSHEKOMMISSIE OP HERSTEL VAN GRONDREGTE

DEPARTMENTALOUTCOMES

OUTPUTS PROGRESS

Post settlementsupport

Sustainableprojects linked tosettled claims

Mpumalanga: Steelpoort: Businessplans completed. Awaiting feasibilityreport ( SP) Service Provider.

Alverton and Boomplaats: Businessplans completed.

Gauteng /North West: Businessplans finalised and accepted byclaimants.

Request for Agricultural feasibilityforwarded to Dept of Agric forHolgat, Kafferskraal, Motlopingand Rietfontein.

Easter Cape: Guba: Land Use Plancompleted (DOA) Dept of Agriculture.

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OUTPUTS PROGRESS

Free State/ NCape: Majeng: Land transferred to Communal Property Association.

Post settlement support

Sustainable projects linked to settled claims Limpopo: Met with Greater

Letaba Municipality on restitution settlements in their area. Established a working committee with Dept of Agric and Dept of Local Gov and Housing.

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OUTPUTS PROGRESS


Sustainable projectslinked to settledclaims

Gauteng/ North West:Agreement reached with theGauteng Council to includeRama, Marabastad, Kliptownand Brakpan in theirdevelopment plans.

Agreemnt reached with theDitsobotla , Moses Kotane,Naledi and Ventersdorp LocalGov, PDOA AND PLRO inNorth West for the inclusion ofrestitution projects.

Agreement reached withMotsweding

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OUTPUTS PROGRESS



Mpumalanga: Agreement reachedwith the Ehlanzeni, EnkangalaDistrict Municipalities and ThabaChweu Municipality asimplementing agents.Kalkfontein: Development plansapproved. Greater TubatseMunicipality is the implementingagent.Doornkop: Dep of Housing andLand Admin has appointedBahlangeni to implement a housingproject.

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OUTPUTS PROGRESS


Sustainable projects linked to settled claims

KwaZulu Natal: Agreement signed with eThekwini Municipality on 10 sep 02 for a housing development in Cator Manor Park. Boston farm: Nestle has offered claimants a contract for a dairy. Esibongweni claim is an agricultural project. Free State/NCape: Dakpoort: PLRO to process application for the LRAD programme.

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OUTPUTS PROGRESS


Sustainable projects linked to settled claims

ECape: Dwesa Cwebe.The Amatola District Municipality has started with the development planning process. Farmerfield: The Cacadu Municipality has agreed to finance the Housing project and the provision of the infrastructure. Lower Blink Water: Surveying of 1011 sites is completed and a layout plan has been approved. Makhoba: Land registration and transfer done.

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OUTPUTS PROGRESS



Ecape:Pelcra: EIAs done.Infrastructure and Pegging of ervencompleted.Service provider for constructionappointed.Wesbank: Tendering process fordetailed planning started afresh.Tsitsikama: Joint venture worthR2m from DOA has been launced.

WesternCape: District Six: City ofCape Town funded the appointmentof a Project Manager for thedevelopment of 25 dwellings.


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OUTPUTS PROGRESS

MEDIA COVERAGE: During theWSSD period there was anincreased coverage of the restitutionprogram but this has subsequentlydecreased, but not dangerously so.COMMUNITY LIAISON:Regional offices continue to engageclaimants through the validationcampaign, responses to inquiries,writing to claimants to inform themof the status of their claims.

EffectiveCommunicationwith claimants andother stakeholders

Focusedcommunicationstrategies

PUBLICATIONS: 3 officesnamely Limpopo, Gauteng andNorth West and Eastern Cape havestanding quarterly Newsletter. :


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OUTPUTS PROGRESS

Effective Communication with claimants and other stakeholders

Focused communication strategies

3 Parliamentary questions were finalised. 77 new Ministerial tasks were received. 56 tasks were completed and 21 are on route to the DG and Minister.


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OUTPUTS PROGRESS

RESTITUTION CELEBRATIONS

Gauteng/NorthWest: Big 3: Lady Selbourne and Claremont on 28 Sep 02. Mpumalanga NewErmelo in July 02. Kromkrans on 10 August 02. Botshabelo on 14 Sep 02. Free State/Ncape: Herschel on 6 July 02. Kalahari San and Mier on 31 Aug 02.

Effective Communication with claimants and other stakeholders

Focused communication strategies

Ecape: Kabah-Langa, Fatman and Seventh Adventist Church settlement celebrated jointly on 6 Sep 2002.


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OUTPUTS PROGRESS

Standard Settlement Officer: Referred to Minister for the approval of a proposed (SSO) amount in terms of the sliding scale with regard to size of property.

Restitution policy implementation

Existing restitution policies reviewed

RESTITUTION GRANTS: Referred to Minister for the approval of an additional Development Grant in the case of claimants opting to go back to land for development purposes. The revised grants includes Settlement Planning Grant (SPG) (R1440), Restitution discretionary grant(RDG) (R3000) discretionary grant (development)R20 000

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OUTPUTS PROGRESS

Vol. 2 of the Reference Manual completed. Joint position paper on Housing circulated to other provincial stakeholders and the local municipalities by MEC for Housing in Eastern Cape. Meetings held with MEC for Housing in WC.



Workshop on how to deal with commonage claims planned for October 02.(EC)


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OUTPUTS PROGRESS

LAND RIGHTS BILL: Participated in Regional workshops with PLRO and local municipalities (EC) Cabinet has supported the memo presented by the Minister presented. (EC) Plans to engage with the Conservation Bill in progress (EC)



A total of 36 submissions were checked for compliance before forwarding to CLCC for signature.

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OUTPUTS PROGRESS

Restitution policyimplementation

Existingrestitutionpolicies reviewed

Training of staff done as planned.*Orientation of new staff.*Submissions.*Research.

Database Updated to reflect stats on settledclaims as at September 02.

Stats on settled claims and AnnualReport are published on the website.

EffectiveInformationManagement

Landbase Updating in progress.

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OUTPUTS PROGRESS

Establishment Total posts on Establishment = 375 Total posts filled = 328 Total posts vacant = 47 Advertised posts = 41 plans for interviews in progress.

Resource Structure and Support Systems

CLCC Structure Structure not yet approved.

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OUTPUTS PROGRESS

Restoration/ Financial compensation

Capital Expenditure R 6 7 738 603 mil R 1 121 853 mil R 68 mil = 113%

Budget

Current Budget Expenditure

Current Expenditure R 17 437 mil R 2 825 mil R 20 262 mil = 88%

Total Capital Expenditure: R 113 332 mil R 2 407 mil R 115 739 mil R 31 509 mil R 4 825 mil R 36 334 mil

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0

50

100

150

200

250

300

MILLION

CURRENT CAPITAL

RESTITUTION BUDGET - END SEPT 2002

Target forquarterQuarterlyexpenditureTotal Allocation

Total Expendituretill Sept

44%

35%


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Land Restitution. An OverviewApril 2001 to September 2002FUTURE CLALLENGES The major challenge facing the Commission is increasing

its human resources, the capital and current budgets, so as enable us to meet the deadline of completing the land restitution process in three years, as directed by the President, as mentioned above.

To this end National Treasury has been approached for additional resources, and there is hope of amounts of R300m, 400m and 600m being additional amounts for the MTEF period 2003-2005.

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Land Restitution. An Overview April 2001 to September 2002

Linked to this is the difficult task of speeding up the rural claims, which are much more complex than urban claims. They constitute the backbone of the land restitution programme. This is where the largest number of beneficiaries reside and where the bulk of the land , which is to be restored is found.

As we are placed under tremendous pressure to hasten the land restitution process, we face the danger that we could so hasten things to a point where we sacrifice quality at the altar of speed and quantity.

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Land Restitution. An Overview April 2001 to September 2002 Sustainability and quality settlements are critical

for sustainable development. There is real danger in us ignoring this. One

which will make this monumental effort, a monumental failure.

The most daunting of all the challenges is one relating to ensuring that, as the land is restored to restitution beneficiaries, they are enabled and empowered to use the land in the most productive and sustainable way.

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Land Restitution. An Overview April 2001 to September 2002 The Tri-lateral Co-operation Agreement

involving the Commission, the Land Bank and the National Development Agency is aimed at these institutions using their collective resources, experience and expertise, so as to impact positively on the development needs of people who have had their land restored to them. (Post-settlement support)

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Land Restitution. An overviewApril 2001 to September 2002 We are also faced with the task of ensuring that the

inequalities relating to gender are not replicated in both the holding of the land and its usage. It is also in this regard that we must all be seen to honour the promise of our constitution, by respecting rights of women, the infirm and the aged.

We are concerned about the attitude of some investors, especially in mineral resources, who would like to come in and do business on terms most beneficial to themselves, relegating those who are new owners of land to a position of beggars for employment and others to begging for crumbs that may fall from the Masters' table.

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Land Restitution. An overviewApril 2001 to September 2002

Given the social, economic and political pressures in the land reform process, both within our country, and some

neighboring countries, it would be in the best interest of social justice to finalize the land restitution process within the next three years, as directed by the President of South Africa in his State of the Nation Address on 8th February, 2002, with the necessary resources.

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Settled Claims [National]

as at 30 September 2002

34365 Claims 73662 Households 394442 Beneficiaries 505606 Hectares

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Settled Claims [Provincial Stats]

Province Claims Households Benefic. Hectares

E CAPE 11009 21940 97870 28380

F STATE 1150 1056 3778 6665

GAUTENG 6349 6296 33316 0

KZN 8640 14936 87427 70603

MPLANGA 558 4956 24336 21626

N WEST 1050 5628 44614 58814

N CAPE 412 4080 20938 279759

LIMPOPO 512 9712 45350 34504

W CAPE 4685 5058 36813 5255

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Urban Claims

Total Number of Claims Settled24 045 (68% of total)

Total Number of Beneficiaries:

146 614 (35% of total)

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Rural Claims

Total Number of Claims Settled

11 092 (32% of total)

Total Number of Beneficiaries:278 029 (65% of total)

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END

Q & A

presentation to the select committee on land and environmental affairs

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