READINESS OF THE COMMISSION ON RESTITUTION OF LAND RIGHTS FOR THE LODGEMENT OF LAND CLAIMS

1. READINESS OF THE COMMISSION ON RESTITUTION OF LAND RIGHTS FOR THE LODGEMENT OF LAND CLAIMS PRESENTATION THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM 19 FEBRUARY 2014

2. PRESENTATION OUTLINE • Introduction • Overview of Performance and Outstanding claims • Settlement Plan for 2014/15 MTEF • Priorities of the Commission for the next 5 years • Implications for the Reopening of the Lodgment of Land Claims • State of readiness of the Commission for the lodgment of claims

3. INTRODUCTION • The Restitution of Land Rights Amendment Bill provides, inter alia, for the reopening of lodgment of land claims for a period of five years and the prioritisation of those claims that were lodged by 31 December 1998. • This presentation discusses: • An overview of performance of the Commission on Restitution of Land Rights in the settlement of claims • An overview of the outstanding land claims • Implications of the reopening of lodgment of claims • Plans of the Commission for the next 5 years • State of readiness of the Commission for the lodgment of claims

4. CUMULATIVE STATISTICS ON SETTLED CLAIMS: 1995 TO 31 DECEMBER 2013

5. SETTLEMENT OF CLAIMS: 2009 TO 31 JANUARY 2014

6. OUTSTANDING CLAIMS AS AT JUNE 2013

7. OUTSTANDING CLAIMS IN THE EASTERN CAPE PROVINCE

8. OUTSTANDING CLAIMS IN THE FREE STATE PROVINCE

9. OUTSTANDING CLAIMS IN THE GAUTENG PROVINCE

10. OUTSTANDING CLAIMS KWAZULU-NATAL PROVINCE

11. OUTSTANDING CLAIMS IN THE LIMPOPO PROVINCE

12. OUTSTANDING CLAIMS IN THE MPUMALANGA PROVINCE

13. OUTSTANDING CLAIMS IN THE NORTHERN CAPE PROVINCE

14. OUTSTANDING CLAIMS IN THE NORTH WESTPROVINCE

15. OUTSTANDING CLAIMS IN THE WESTERN CAPE PROVINCE

18. SERVICE DELIVERY TARGETS FOR 3 YEAR MTEF PERIOD

19. SERVICE DELIVERY TARGETS FOR 3 YEAR MTEF PERIOD

20. PRIORITIES OF THE COMMISSION IN THE NEXT FIVE YEARS • The priorities of the Commission in the next five years shall be as follows: • Research of all outstanding claims (a research strategy has been developed) • Streamlining and electronic processing of the procedure for processing claims to shorten the time it takes to settle a claim • Managing the lodgment of new claims, including the communication campaign on the lodgment of claims • The 1998 claims will be ring-fenced as required by the Bill and therefore prioritised for settlement and finalisation.

21. THE REGULATORY IMPACT ASSESSMENT • “…RIA’s most important contribution to the quality of decisions is not the precision of the calculations used, but the action of analyzing – questioning, understanding real-world impacts and exploring assumptions”. OECD (2002) • The RIA is a systematic analysis of the potential impacts in order to assess whether the amendments are likely to achieve the desired objectives. • The RIA includes a socio-economic impact assessment that was conducted to identify and quantify the macroeconomic impacts that are likely to occur as a result of implementation of the of reopening of lodgment of claims. • The RIA also provides for various scenarios of possible policy interventions available. • The methodology used in the socio-economic impact study uses current restitution information as a baseline, which was used to examine the variables that could influence re-opening. • The RIA records that “even though this [information of current claims] is the best method of estimation of the nature of future claims, there are uncertainties to which degree future claims will be similar to historic data”

22. IMPLICATIONS FOR LODGMENT OF CLAIMS • The RIA uses a factor of five in arriving at a conclusion that of the claims to be lodged approximately 397 000 will be valid. This also relates to estimates of forced removals that took place between 1913 and 1994. The RIA calculates that it may cost R129 bn to R179 bn to settle these claims if settled within a 15 year period. • The RIA also concludes that approximately 8 932 860 individuals could benefit directly from the claims representing about 2 481 350 households • The RIA does not take into account the fact that there will be claims which will be in respect of land already restored to communities where the settlement of the claim will not necessitate expenditure, but adding the beneficiary into an already existing legal entity. • The RIA also does not take into account that the restoration of state land does not have a financial cost implication.

23. IMPLICATIONS FOR LODGMENT OF CLAIMS • The RIA also does not take into account the impact that the norms and standards to be implemented by the Valuer General as part of the implementation of the payment of just and equitable compensation as opposed to willing buyer willing seller used in all baseline data that it relies upon. • There were factors taken into account by the Department when it states in the Memorandum on the objects of the Bill that financial implications can not be determined until claims are lodged. Legal precedent (Grootboom judgment of the Constitutional Court) socio-economic rights are realised progressively, and within the available resources of the state.

24. READINESS FOR LODGMENT OF CLAIMS Institutional arrangements: • A National Planning Steering Committee was established • The Steering Committee developed a plan, which is implemented at provincial level. It obtains provincial progress reports and unlocks issues • Each province established a task team dealing with: • Accommodation and logistics • Human resource matters • Information technology • Communication • Security

25. LODGEMENT OF NEW CLAIMS • New claims will be lodged through an electronic system. • Claimants to provide information about their claims to be captured in the system. A print out will be signed and filed (together with supporting documentation, which will also be scanned). • An automated acknowledgement of receipt of the claim will be generated by the system with a unique reference number. • The Lodgement system has been developed and staff have been trained on its use. • A simulation dry run is scheduled for 18 March • Bulk SMS sending system to confirm lodgement • Lodgement system will automatically create a Claim Register to be accessible through PAIA as required by the Bill

26. LOGISTICS FOR RE OPENING • Lodgement will initially take place at 14 Lodgement sites located in Pretoria, Nelspruit, Witbank, Polokwane, Bloemfontein, Kimberley, East London, Queenstown, Cape Town, George, Pietermaritzburg, Vryheid, Mmabatho, Vryburg • Each site is ready for lodgement (furniture, equipment, network points, security etc. has been made available.) • Where the sites are leased, the Department of Public Works has agreed that sites shall remain unchanged for the duration of the 5 year lodgement period. • Plans are in place to extend the lodgement sites to 38 additional sites. These sites are not yet included in the initial phase as they are still to be supplied with furniture and other equipment to host the lodgement system.

27. LOGISTICS FOR RE OPENING • 304 posts have been created to facilitate the lodgement of claims. • 116 posts have been advertised for the lodgment process in the 14 offices. This number shall be increased in phase 2 when the lodgement sites are increased by a further 38 offices. • The advertised posts will be filled in March 2014. The posts include supervisors, data capturers, receptionist, staff for records management. • The existing experienced staff will initially support lodgement and train new staff who will be phased in • NARYSEC youth shall assist in the communication campaign, collection of oral history, and in the management of the claim lodgement process.

28. MOBILE UNITS • There will be initially be 1 mobile unit per province • The mobile units will be used for first 4 months for information sharing/ capacity building to prepare communities for lodgement, for NARYSEC “knock and drop” • These units will then be deployed to targeted areas according to provincial schedule (to be advertised prior to deployment) • Large units to be deployed to rural centres, smaller units (Iveco/ Sprinter type) to be used for less accessible areas and remote rural areas • Fleet management principles shall be implemented to track use, monitor fuel use, oversee maintenance and supervise deployment

29. COMMUNICATION • A comprehensive communication campaign has been developed, in consultation with the GCIS • Central to the communication shall be the distribution of a citizens’ manual for claims, which informs citizens about their rights to restitution and how to go about lodging a claim, and what happens once a claim is lodged. The manual has been translated in 11 official languages, Braille and main Koi and San languages. • Trained NARYSEC youth, NGOs, PBOs, CDWs and other stakeholders shall assist to distribute the citizens manual • All media releases, draft adverts, posters etc. are ready to launch • A call centre and information centre at national office is being prepared to especially address existing claimants • The distribution of the citizens manual shall be communicated through electronic and print media

30. NARYSEC DEPLOYMENT • NARYSEC youth has been trained for the knock and drop campaign • ID tags, reflective vests, shirts, lodgement bags have been procured • Management of NARYSEC youth to be done according to provincial plan • Each province have developed a deployment plan • “Hot spots”/ areas of high lodgement potential identified per province • Security will contact police stations in “knock and drop” areas to support youth, provide additional security • NGOs and other stakeholders shall assist in the distribution of the citizens manual. • Other distribution networks shall also be explored as the process gets underway

31. THANK YOU