Fifteen years since the promulgation of the Restitution of Land Rights Acts No. 22 of 1994, the restitution process in South Africa has to date benefited a total of 1,5 million individuals who were previously affected by the forced removals under the apartheid government. As at 31 March 2009 the Commission on Restitution of Land Rights had settled a total of 75400 claims across the nine provinces since 1995. Approximately R20,3 billion was approved towards the acquisition of about 2,4 million hectares of land for restitution purposes; resettlement and development grants; as well as financial compensation.
During the 2008/09 financial year the commission settled a total of 653 claims which resulted in the approval for the restoration of approximately 394 755 hectares of land at a cost of R3,5 billion. In the KwaZulu-Natal province, a total of 84 claims were dealt with by the office, bringing the cumulative total number of claims settled in the province since 1995 to 14 742. A total about 409 323 individuals have benefited from the restitution process in the province. The total value of the award approved for settled claims in the KwaZulu-Natal province for the 2008/09 financial year is R1,9 billion.
Due to severe financial constraints faced by the state in recent times, the commission started the new financial year on a shoe string budget to settle the outstanding 4 296 claims. So far the commission has already spent 97% of its budget allocated budget. We presently need more funds to finalise the outstanding claims. The Portfolio Committee on Rural Development and Land Reform, as well as Treasury, are aware of our current financial situation.
In line with the provisions of the Restitution of Land Rights Act which outlines the legal framework for the restitution process, the commission remains on track with regard to the payment of just and equitable compensation for land acquired for restitution purposes. Despite recent remarks by Agri-South Africa that the commission is offering land owners up to 40% below the market value in return for land claimed under the restitution process, the commission continues to implement the restitution process in line with the government’s policy on the issue of fair market price.
The provision of quality post settlement support remains central to the sustainability of the restitution process and indeed the broader land reform programme. In line with the government’s priority focus on rural development, the provision of post settlement support will be aligned to the comprehensive rural development strategy once the strategy has been finalised.
As part of the process for facilitating post settlement for the new land owners, the commission is engaging several key stakeholders towards the signing and implementation of agreements on models for settling claims affecting the different sectors such as mining, forestry, sugarcane, conservation, as well as agriculture.
The office of the Regional Land Claims Commissioner KwaZulu-Natal has concluded a Memorandum of Agreement with Mondi regarding forestry claims on land owned by the company. The agreement outlines the framework for the settlement of claims on forestry land in a manner that will ensure that the claimants derive maximum benefit from the settlement of the claim while at the same time ensuring that productivity on the land is not negatively affected. Negotiations with role-players in the sugar industry such as Hullets and Illovo are currently underway towards the finalisation of Memoranda of Agreement on the settlement of claims in the sugar industry.
As with other regional offices, the KwaZulu-Natal offices is grappling with challenges relating to exorbitant land prices; claims that are still in the Land Claims Court; as well as issues of ownership involving traditional leaders. These are some of the issues that contribute to the delays in the settlement of outstanding claims. The office is committed to work towards the resolution of these challenges through extensive engagements with stakeholders in the province.
Despite the numerous challenges encountered by the commission in the settlement of land claims, there is evidence to show that a lot of progress has been achieved in restoring land rights to the majority of our people who were previously discriminated against by the previous government and prevented from owning land. In the KwaZulu-Natal province alone, projects such as KwaBanye and Waaihoek in the Vryheid area, Nkumbuleni in the Pietermaritzburg area; Qoloqolo, Elim and Makhoba in the Ugu District Municipality; as well as Mpangisweni in the Zululand District Municipality, bear evidence of the fact that with the necessary cooperation and support from relevant stakeholders, the restitution process can be effective as a channel for victims of forced removals to be able to participate in the economy of the land.
The collaboration with Mondi has resulted in the settlement of several claims on forestry land in the Province. About half of the national budget for restitution was spent on these high value claims. Some of the large claims settled by the regional office include the KwaMbonambi claim, the Dube claim, as well as the Elandslaagte claim.
We are convinced that as the Commission on Restitution of Land Rights we have given our best effort towards the restitution process, despite the limitations and constraints that we have had to deal with, including limited financial resources and inadequate support from other role players in the public and private sector. Over the years we have had to spread ourselves thinly on the ground in order to play the dual role of investigating and settling claims in line with the Restitution Act, as well as filling the vacuum that existed with regard to the provision of settlement support.
We are confident that with the new Rural Development mandate, the department will now be in a better position to facilitate support for land reform beneficiaries, and thus enable those who were previously marginalised to also have a share in the wealth of our land.
I thank you.
Enquiries:
Pulane Molefe
Cell: 079 495 8387
Tel: 012 312 8452
Fax: 012 321 0428
E-mail: PJMolefe@dla.gov.za
Issued by: Department of Rural Development and Land Reform
22 July 2009
