1 / 14

FUNCTIONS OF THE CRLR

REOPENING OF LODGMENT OF LAND CLAIMS PRESENTATION TO THE SELECT COMMITTEE ON LAND AND MINERAL RESOURCES 18 NOVEMBER 2014. FUNCTIONS OF THE CRLR. The Commission on Restitution of Land Rights was established by the Restitution of Land Rights Act, 1994.

wooten
Télécharger la présentation

FUNCTIONS OF THE CRLR

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. REOPENING OF LODGMENT OF LAND CLAIMS PRESENTATION TO THE SELECT COMMITTEE ON LAND AND MINERAL RESOURCES18 NOVEMBER 2014

  2. FUNCTIONS OF THE CRLR • The Commission on Restitution of Land Rights was established by the Restitution of Land Rights Act, 1994. • Its’ functions are to solicit and investigate claims for restitution and to prepare them for settlement by the Minister, or adjudication by the Land Claims Court. • Restitution takes the form of restoration, provision of alternative state owned land, prioritisation in government programmes, or financial compensation.

  3. COMMISSION BUSINESS PROCESS Stage 1: Claim lodgement; Stage 2: Research and compliance; Stage 3: Gazette and notification; Stage 4: Claimant verification; Stage 5: Negotiations; Stage 6: Settlement; and Stage 7: Implementation.

  4. OUTSTANDING LAND CLAIMS AS AT 30 JUNE 2014

  5. APP TARGETS FOR 2015/16 FINANCIAL YEAR

  6. BUDGET FOR 2015/16 FINANCIAL YEAR

  7. PROCESS AND TIMELINE FOR SETTLING AND FINALISING CLAIMS STAGE 1: CLAIM LODGEMENT ( 2 WEEKS) • Claim lodged • accepted and acknowledged • Claim captured on National Land Restitution Register STAGE 2: Research and compliance ( 12 months ) • Claim researched for compliance with section 2 and rule 5 report produced • Chief Director (CD)recommends acceptance • Regional Land Claims Commissioners (RLCC) approves Rule 5 report • Claim not compliant: RLCC approves dismissal and informs claimant in writing with opportunity for further representation

  8. PROCESS AND TIMELINE FOR SETTLING AND FINALISING CLAIMS Stage 3: Gazette and notification ( 2 MONTHS) • Chief Director prepares gazette notice based on accepted land claim (section 11) • Regional Land Claims Commissioner signs gazette notice • Claim gazette notice published in Government Gazette and in land claim locality. • All interested parties notified individually with opportunity for further representations Stage 4:Claimant verification ( 2 MONTHS) • Establish claimant’s right to benefit from claim (sect 2) • Verify link between ODI & DD • Collection of personal docs that attest claimant bonafides • Prepare verified claimant list • Facilitate and conduct preliminary options workshop

  9. PROCESS AND TIMELINE FOR SETTLING AND FINALISING CLAIMS Stage 5: Negotiations ( 3 MONTHS) • Negotiations on land acquisition • Land valuation • Offer to purchase • Draft settlement agreement • Draft Section 14(3) certificate Stage 6: Settlement ( 2 MONTHS) • Referral to court (if no agreement) • Preparation & approval of section 42D submission • Signing of settlement agreement, sale agreement • Update of database

  10. PROCESS AND TIMELINE FOR SETTLING AND FINALISING CLAIMS Stage 7: Implementation ( 3 MONTHS) • Payment of financial compensation based on verified list (fin comp policy) • Land registration and transfer • Official handover to RADP to continue with project capitalisation and development

  11. EXCEPTIONS TO 1913 CUT OFF DATE • A policy on the Exceptions to the 1913 cut-off date for land claims to accommodate (1) the descendants of the Khoi and San, (2) heritage sites, (3) historical land-marks is being developed by the Department and the National Reference Group.  • The policy provides that the Exceptions shall be a Programme and not a Project like restitution – which is a temporary project with specific outputs to be achieved within a defined time. The Exceptions will therefore not be implemented as restitution in the classical sense; and will therefore not be tied to the Restitution of Land Rights Act.

  12. EXCEPTIONS TO 1913 CUT OFF DATE • The Exceptions Programme shall be comprised of a portfolio of multiple projects, managed as one unit to be implemented in a progressive manner as provided for in the Bill of Rights, with one outcome: a united non-racial and diversified society. • The Exceptions Programme shall be implemented through legislation. The current land redistribution and/or land tenure legislation shall be amended to create a statutory basis for the Exceptions.

  13. DRDLR ENTITIES CAPACITY TO HANDLE BOTH CURRENT AND NEW CLAIMS. • 114 new posts were created to support the re-opening of lodgement of land claims. • A lodgment system has been developed to process the capturing of claims and it is anticipated that the electronic claims management system (currently being developed) will fast-track the settlement of claims. • The Commission shall develop a prioritization plan for the claims lodged before the 1998 cut-off date. • Central to the prioritization strategy shall be a principle that new claims (lodged from 1 July 2014 to 30 June 2019) shall be processed together with the old (lodged no later than 31 December 1998), where such claims are competing, the old claims shall be prioritized for payment.

  14. Thank You

More Related