16 July 2014
Imagine waking up one day only to find that your home, your land, your entire existence has been erased. This is the fate that befell thousands of our fellow countrymen and women on 19 June 1913 when black families were forcibly removed from their land by the apartheid government.
The promulgation of the 1913 Natives Land Act made concrete the then common practice of blacks being removed from their land. Over a hundred years has passed since this human tragedy unfolded, but still the scars remain and the legacy endures.
South Africa's first democratically elected government inherited the remnants of hundreds of years of oppression when it assumed office in 1994. Colonial and apartheid land policies had succeeded in making most South Africans landless in the country of their birth and had produced inequality, division and poverty.
The land issue was one of the first priorities of the new democratic government in 1994. Former President Nelson Mandela and the democratic collective stressed that the divisions of the past would never heal unless this issue was resolved.
On 17 November 1994 the Restitution of Land Rights Act, which aimed to restore the rights of those dispossessed by discriminatory land legislation dating back to the 1913 Land Act, was passed by President Nelson Mandela and signed into law. The Act provided for the establishment of a Land Claims Commission and a Land Claims Court to respectively probe and adjudicate claims of individuals and communities dispossessed on or after June 1913.
Speaking on the emotive issue of land on 23 June 1998 at a restoration ceremony Nelson Mandela highlighted the need to undo the damage of the past. “Our land reform programme helps redress the injustices of apartheid. It fosters national reconciliation and stability. It underpins economic growth and improves household welfare and food security,” he said.
The first window for the lodgement of land claims closed in 1998. An estimated 80 000 claims were lodged in this period. 70 000 of those settled were for financial compensation, while roughly over 5 000 were for land restoration. A smaller number of claims lodged before the 1998 cut off period have not yet been settled or resolved. These have been prioritised for settlement and will be processed simultaneously with the new ones.
The reopening of the window for land claims to individuals, families and communities who were dispossessed of their land by the 1913 Natives Land Act and subsequent legislation has been made possible by the Restitution of Land Rights Amendment Act, which was recently signed into law by President Jacob Zuma.
The Minister of Rural Development and Land Reform, Gugile Nkwinti and his department will steer the process which runs for a period of five years, ending June 2019. Speaking on the reopening of the window period Minister Nkwinti said that a great number of people raised the issue that they had not been aware of the process which ran from 1994 to 1998, hence the need for a new lodgement period.
He confirmed that there are 14 lodgement offices and sites in all nine provinces which are ready to assist with claims. “These sites are equipped with advanced technology to ensure speedy and accurate capture of relevant information. Our people will be assisted by trained staff and every effort will be made to ensure the process from the submission of a claim to the time it is settled is a smooth one,” Minister Nkwinti said.
He further highlighted that his department will deploy mobile units to remote areas of the country in order to reach every citizen who qualifies to lodge a claim. At the same time an awareness campaign will also be rolled out to ensure that South Africans are informed about the new lodgement process.
South Africans wishing to lodge their claims are urged not to fall prey to the unscrupulous people claiming to be Agents of the Department, whilst exploiting their hard earned monies. Should they wish to claim we urge them to contact our offices or even contact us through our toll-free number 0800 007095 to be guided how to lodge their claims. A special Lodgement Manual has been produced by the Department. It can also be accessed through their website: www.ruraldevelopment.gov.za.
Government is aware that there are pockets of society who question the need for the Restitution of Land Rights programme. We are however, convinced that it is a necessity given our history of land dispossession and economic exclusion.
Redress and healing the divisions and wounds of the past has been a cornerstone of successive democratic administrations since 1994. The National Development Plan, our nation's long term plan to eliminate poverty and inequality by 2030, calls for successful land reform that leads to job creation, rising agricultural production and the development of an inclusive rural economy.
We are convinced that more inclusive and fair access to land is one of the fundamental elements to transform the rural economy and to move South Africa forward.
Phumla Williams is Acting CEO of the Government Communications and Information System (GCIS)
