Rights regarding
progress on the restitution process
3 February 2009
The Commission on Restitution of Land Rights has so far settled a total of
75 031 claims across the country since 1995. This has translated into a total
of 2,3 million hectares of land approved for restoration to more than 303 000
households. Out of the 79 696 claims lodged with the commission, we now have
about 4 589 claims that are still outstanding. Two of our regional offices,
the
Gauteng as well as the Free State office is in the process of finalising all
their claims and will be winding down business operations at the end of the
2009/10 financial year. In total, the state has to-date approved awards to the
value of R17,623 billion in respect of the restitution process.
The cost of implementing land reform has become very expensive over the
years.
Compounded by the economic meltdown facing the world economies, we now find
ourselves having to acquire less with more, in terms of ensuring equitable
redress for the beneficiaries. As at the end of December 2008, the commission
had spent approximately R2,3 billion towards land acquisition, involving
approximately 237 000 hectares of land acquired for restitution purposes. In
the third quarter alone, a total of R1,081 billion was awarded in respect of
119 claims settled throughout the provinces. All this is indicative of the
expensive nature of the cost of settling the outstanding claims.
As part of the strategy for settling the outstanding claims which involve
high value commercial activities, the commission is interacting with role
players in the affected business sectors regarding the settlement of these
claims. A process to appoint Transactional Advisors to assist the commission in
dealing with these complex claims is currently underway.
A task team comprising representatives from the Department of Land
Affairs
(DLA); the Commission on Restitution of Land Rights; the Department of
Public
Enterprises (DPE); the Department of Water Affairs and Forestry (DWAF) as well
as South African Forestry Company LTD (SAFCOL) has been established to work on
the settlement models for claims on SAFCOL land. A task team has also been
established with the Forestry Industry.
The Commission realises the importance of the Forestry Sector in terms of
our countryâs economy. We are supporting a model in terms of which land is
restored to claimants. To ensure that the asset remains sustainable, lease
agreements are signed with the affected forestry companies with provision for
the transfer of skills to the restitution beneficiaries. In line with the
model, the claimants eventually acquire the trees at the end of the lease
period.
Claims which fall within protected areas are settled in accordance with
the
Memorandum of Agreement signed between the Ministers for the Department of
Land
Affairs and the Department of Environmental Affairs and Tourism (DEAT), whereby
ownership in title is restored to claimants while the land continues to be used
for conservation purposes. The Cabinet has however recently approved the use of
equitable redress as the only option for the settlement of outstanding claims
in the Kruger National Park (KNP).
Following a meeting held with the representatives of the affected claimant
communities in the Limpopo and Mpumalanga Provinces, a task team comprising
representatives from the Commission on Restitution of Land Rights; DLA; DEAT
and the South African National Parks (SANParks) will conduct follow up meetings
with each community focusing on how each of the communities will be affected by
the Cabinet decision on the settlement of the Kruger National Park land
claims.
The Commission is decidedly moving forward to address some of the challenges
that are emerging as we progress towards finalizing the outstanding
claims.
Together with the Department of Housing and the City of Cape Town
Metropolitan
Municipality as well as other stakeholders, the commission is taking the
process forward in finalising the District Six claim in the Western Cape
Province. The
Commission has approved the release of grants to the tune of R13 million to the
funds administrator towards the development of 114 houses in respect of the
second phase of cumulatively, the restitution process in the Western Cape has
led to the settlement of a total of 15 511 claims at a cost of R1,105 billion
to the state.
This has benefited a total of 22 323 households, and approximately 114 000
individuals in the province. Some of the other claims in the Western
Cape which are making steady progress include Claremont, Protea Village
in
Kirstenbosch, Covie and Tarka in South Cape, as well as Ebenhauser along
the
West coast.
Out of a total 17 000 land claims lodged in the Western Cape Province, the
office is now left with only 1400 claims. As part of the settlement of claims
in the province, the office has facilitated the release of land for development
purposes. As part of the compensation for their land rights, houses were built
for beneficiaries such as the Steurhof community and many others who now have
decent homes thanks to the restitution process in the province.
The office of the Regional Land Claims Commissioner: Western Cape has
through advocacy, influence and constant nudging, represented the claimants
well in a situation where there was unwillingness to release the land. As a
result of the work put in by the commission, a few land holding entities in the
province are now willing to release land to benefit the poor.
On a national level, the commission has taken action to address the issue of
strategic partnerships in instances where such arrangements have not yielded
the desired results for us. The Department of Agriculture has been brought on
board to take the lead in the management of the projects that were managed by
the
South African Management Company (SAFM) as part of the partnership agreement
with the latter, which has subsequently collapsed when the company came under
liquidation. In order to ensure that the projects are not adversely affected by
the withdrawal of SAFM as a strategic partner, the Department of Agriculture
will make funds available towards the projects as well as provide capacity
building training for the beneficiaries.
Negotiations are currently under way with financial institutions such as,
the
Development Bank of South Africa (DBSA) and First National Bank (FNB) to assist
with models for prospective strategic partnerships, with restitution
beneficiaries. The model will consider issues of inclusitivity and
participation by the broad based stakeholders such as commercial institutions,
banks, parastatals, the farming community as well as the private sector.
Given the complexity of the claims that we are now dealing with, our
projection is that we will finalise the outstanding claims by 2011. We will
also be approaching Cabinet in the new financial year with regard to additional
funding to deal with the outstanding claims.
For enquiries contact:
Pulane Molefe
Tel: 012 312 8452
Cell: 079 795 8387
Fax: 012 321 0428
E-mail: PJMolefe@dla.gov.za
Issued by: Department of Land Affairs
3 February 2009
Source: Department of Land Affairs (http://www.dla.gov.za/)
