Commission on Restitution of Land Rights

Commission on Restitutionof Land Rights National Implementation Plan Restitution High Drive 2008

INTRODUCTION • The President in his State of the Nation Address on 11 February 2005 gave a directive that additional resources would be allocated over the next three years to cover outstanding claims in the land restitution programme. • In line with the Presidential directive the Commission is therefore committed to settle all outstanding urban claims in the 2005/06 financial year and all outstanding rural claims by 31 March 2008. NATIONAL IMPLEMENTATION PLAN

INTRODUCTION • The settlement of claims would be part of the process to reach the delivery of the 30% target of agricultural land by 2015 and thus ensuring not only the attainability of economical stability and poverty eradication but also the socio-political stability in rural areas. • The Minister of Finance has in his Budget speech of 23 February 2005 announced that R6 billion has been allocated to complete the land restitution process. NATIONAL IMPLEMENTATION PLAN

CLAIMS TO BE SETTLED NATIONAL IMPLEMENTATION PLAN

OVERVIEW • Over the past five years our experience curve shows that the reasons for success are due to: • The Section 42D Ministerial approval. • Integration of the CRLR with the DLA. • Grouping of individual urban claims. • Use of Service Providers for specific tasks. • Location of RLCC offices closer to the people. • Increased resources. • Highly motivated employees • 80% of claims are urban claim thus faster to resolve. NATIONAL IMPLEMENTATION PLAN

OVERVIEW • Land prices in KZN are R25 000 per ha and in Limpopo and Mpumalanga R50 000 per hectare for sugar cane • Most of the privately owned land that was purchased was agricultural land, the lowest price paid was R900 per hectare in KZN whilst the highest price paid was R45 000 per hectare in Limpopo for a farm with macadamia nuts and mango’s (export). • Land prices in the country are high. • AVERAGE PRICE OF LAND PER HECTARE NATIONAL IMPLEMENTATION PLAN

REQUIREMENTS • Outstanding are all in various stages in the settlement process. • Rural claims poses the following requirements: • Assist claimants to structure their various affidavits. • Dispute resolution and mediation. • Land price negotiations with current land owners. • Protracted and costly processes – expropriation. • Institutional capacity for community legal entities. NATIONAL IMPLEMENTATION PLAN

RESOURCE REQUIREMENTS • These requirements shall included the following: • Financial resources. • Human resource requirements • Office Accommodation and Equipment. • Administrative Support to fast track the process. • Strategic partnership with relevant stakeholder. More detailed report NATIONAL IMPLEMENTATION PLAN

CRITICAL ISSUES NATIONAL IMPLEMENTATION PLAN

IMPLEMENTATION PLAN NATIONAL IMPLEMENTATION PLAN

BUDGET FOR MTEF PERIOD NATIONAL IMPLEMENTATION PLAN

RECURRENT BUDGET NATIONAL IMPLEMENTATION PLAN

CONTRIBUTIONS • As a result of ongoing negotiations with Provincial Governments and the Department of Land Affairs, various commitments have been received from the Provincial Governments and the DLA to ensure that all outstanding rural claims are settled by 31 March 2008. • The Belgian Government has also donated R49 million to speed up the verification of remaining claims and a further 6 million Euros for post settlement support for the 2006/07 financial years. Pages 20 to 31 of the National Implementation Plan NATIONAL IMPLEMENTATION PLAN

RISKS • Fiscal dumping. • Cannot address development issues effectively. • Possible compromise on quality. • Possible loopholes for fraud. NATIONAL IMPLEMENTATION PLAN

DEVELOPMENT PLANNING AND FACILITATION • To ensure sustainable land settlement and long term livelihood. • To provide post settlement support. • To process the implementation of the restitution awards. NATIONAL IMPLEMENTATION PLAN

VARIOUS CATEGORIES NATIONAL IMPLEMENTATION PLAN

EQUITY SHARE HOLDING MODEL • MODEL NATIONAL IMPLEMENTATION PLAN

REQUIRED ELEMENTS FOR AGRICULTURAL PRODUCTION BUSINESS ENTITIES • MODEL NATIONAL IMPLEMENTATION PLAN

SHAREHOLDING AGREEMENT • MODEL NATIONAL IMPLEMENTATION PLAN

SALE OF SHARE AGREEMENT • MODEL NATIONAL IMPLEMENTATION PLAN

SHARE HOLDING AGREEMENT • MODEL NATIONAL IMPLEMENTATION PLAN

MODELS FOR FINANCING • Although there had been several proposals around models for financing land reform, i.e. scheduling of payment, scheduling the return of land, strategic partnerships, land tax, subdivisioning of large farms etc, these proposals are still under discussion with various stakeholders. NATIONAL IMPLEMENTATION PLAN

RECOMMENDATIONS • Identify and address any outstanding policy/procedural issues. • Human resource matters is a critical issue to be address from Ministerial level. • Procurement processes should be rapidly streamline (high-level intervention). • Information Technology support services to be beefed up. • Delegations to CLCC and RLCC’s to be urgently reviewed. • Tangible co-operative governance (political intervention). NATIONAL IMPLEMENTATION PLAN

COMMISSION ON RESTITUTION OF LAND RIGHTS I THANK YOU Mr. T T Gwanya CHIEF LAND CLAIMS COMMISSIONER, SA NATIONAL IMPLEMENTATION PLAN

Words of women at a women's Resource Access Programme (RAP) workshop in India - Land is might, land is right Land is water, land is shelter Land is dignity, land is honour Land is our mother, let us promise each other That it will not be for barter, Let us unite to save it from exploiters. Women need forests; women need water, Access to education and to power, Freedom from bondageFreedom from hunger, Let us bring them "the honour"Land to women is actually revolution, As it saves children from malnutrition And it makes families function. (Source: International Land Coalition) NATIONAL IMPLEMENTATION PLAN

Commission on Restitution of Land Rights