Embed Size (px)
Citation preview
BRIEFING ON THE REOPENING OF LODGMENT OF LAND CLAIMS TO THE PORTFOLIO COMMITTEE ON RURAL
DEVELOPMENT AND LAND REFORM
NOMFUNDO GOBODOCHIEF LAND CLAIMS COMMISSIONER
20 AUGUST 2014
1. Background.2. Overview on the reopening of lodgement of land claims.3. Progress report on the implementation of the Commission
on Restitution of Land Right’s (CRLR) state of readiness plans presented to the Portfolio Committee during the 5th Parliament.
4. Prioritisation of land claims lodged prior to 31st December 1998 (plans and strategies).
5. Strength, weaknesses and lessons learnt during the first month of the reopening of lodgement of land claims.
PRESENTATION OUTLINE
2
VisionA Commission of excellence that ensures effective, efficient and speedily redress is provided to all those that were dispossessed through racially based land dispossession.MissionWe exist to provide equitable redress to victims of racially motivated land dispossession, in line with the provisions of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)MandateThe mandate of the CRLR is to solicit and investigate claims for land restitution and to prepare them for settlement. The Land Claims Court adjudicates disputes emanating from the restitution process.
BACKGROUND
3
• Lodgement is the first step in the restitution process (and CRLR Business Process Map] The others are:• Research – a process that involves the investigation of a claim by the
Commission, resulting in its acceptance and publication in the government gazette, or dismissal.
• Verification – a process that involves the determination of the households that qualify for restitution.
• Negotiations - a process where the Commission attempts to resolve the claim through negotiation and mediation.
• Settlement / Court -a process where the Commission refers the claim to the Minister for approval of the settlement of claims or to Court for adjudication.
• Implementation - a process where the award made by the court is implemented (acquisition and transfer of land, or payment of financial compensation).
BACKGROUND
4
• The functions of the CRLR during the lodgement of claims are as follows:– Solicit claims [s 6 (1) (a)]– Receive claims [s 6 (1) (a)]– Take reasonable steps to ensure that claimants are assisted in
preparation and submission of claims [s 6 (1) (b)]– Establish and Keep a National Land Restitution Register [s 6
(1A) (a)]– Enter into the Register the details of all land restitution claims
lodged from 1 July 2014 [s 6 (1A) (b)]– Keep the Register up to date [s 6 (1A) (c)]
BACKGROUND
5
• The Restitution of Land Rights Amendment Act, 2014 (Act 15 of 2014) extends (reopens) the lodgement of land claims for a period of 5 years, calculated from 1 July 2014 to 30 June 2019.
• As a control measure, the Act creates two new offences, 1. Where a person prevents, obstructs or unduly influences a claimant
or any other person from pursuing his or her rights provided for in the Restitution Act,
2. Where a person lodges a claim with the intention of defrauding the state
• The Act provides for the prioritisation of claims lodged before the 1998 cut-off date, and the establishment of a National Land Restitution Register
OVERVIEW ON THE REOPENING OF LODGMENT
6
• New claims are lodged through an electronic system in 14 lodgement sites (and in mobile lodgement offices).
• Information provided by a claimant is captured, and supporting documentation is scanned and filed, in the system. A print out of the completed electronic form is signed by the claimant and filed in a hard copy file.
• An automated acknowledgement of receipt of the claim is generated by the system with a unique reference number.
• A text message is forwarded to the claimant acknowledging receipt of a claim.
• The Lodgement system automatically creates the National Land Restitution Register (required by the Act), and generates reports.
OVERVIEW ON THE REOPENING OF LODGMENT
7
OVERVIEW ON THE REOPENING OF LODGMENT
8
• During the 5th Parliament the Portfolio Committee (on 19 Feb 2014) was informed that the CRLR had developed a plan to be rolled out when the lodgement of claims reopens.
• The Plan relates to:• Accommodation and logistics (Lodgement sites)• Human Resource Matters • Communication• Information Technology
PROGRESS ON IMPLEMENTATION OF PLANS
9
ACCOMMODATION AND LOGISTICS• All 14 Lodgement sites are operational. They are located in
Pretoria, Nelspruit, Witbank, Polokwane, Bloemfontein, Kimberley, East London, Queenstown, Cape Town, George, Pietermaritzburg, Vryheid, Mmabatho, and Vryburg.
• Each site has the required furniture, equipment, network points, security etc.
• Where the sites are leased, the Department of Public Works has agreed that the lodgement sites shall remain unchanged for the duration of the 5 year lodgement period.
• Plans are in place to increase the number of lodgement sites 23 by 2015/16 and 52 by 2019.
PROGRESS ON IMPLEMENTATION OF PLANS
10
MOBILE LODGMENT OFFICES• 4 mobile lodgement offices have been procured and shall be
deployed to all parts of the country, especially rural areas.• The equipment to be installed in the mobile lodgement
offices has been procured.• The deployment of the lodgement offices shall be supported
by mobile communication units, which are part of the communication campaign referred to below.
• The deployment shall be informed by a provincial schedule (to be advertised prior to deployment).
PROGRESS ON IMPLEMENTATION OF PLANS
11
HUMAN RESOURCE MATTERS • 116 posts have been advertised for the lodgement process in the
14 offices. The posts include the following: manager (level 11), project coordinator (level 10), senior project officers (level 8), administration officer (level 7), data capturers (level 6), Record officers (level 5).
• Key posts are in the process of being filled.• The existing experienced staff are currently supporting the
lodgement process and shall train new staff who will be phased in.• NARYSEC also assists in the management of the claim lodgement
process.
PROGRESS ON IMPLEMENTATION OF PLANS
12
COMMUNICATION• A comprehensive communication campaign has been developed• Central to the communication campaign is the distribution of a
citizens’ manual, which informs citizens about how to lodge a claim.• The manual has been translated in 11 official languages, Braille and
main Koi and San languages. • 87 000 copies of the citizens manual have been distributed.• The distribution is carried out by trained NARYSEC youth, CDWs,
officials of the Commission, and other stakeholders. • Unpaid media platforms are currently being used (in light of the
current focus on land).
PROGRESS ON IMPLEMENTATION OF PLANS
13
COMMUNICATION• A call centre and information centre at national office is operational.• Provincial legislatures, District and Local Municipal Council, Houses of
Traditional Leaders, and other stakeholders have been briefed on the reopening
• 9 mobile communication units (over and above the mobile lodgement sites) have been procured and shall be deployed to disseminate information, including when mobile units shall visit the areas.
• The units shall also be deployed to rural areas, areas of high pressure, areas where claims should have come from but did not. They shall cover the whole country in the five year lodgment period.
• Another print run of 87 000 copies of the citizens manual has been ordered for further distribution.
PROGRESS ON IMPLEMENTATION OF PLANS
14
INFORMATION TECHNOLOGY•The electronic lodgement system is operational.•The computers, printers and scanners necessary to support the system are in place in all areas.•The Lodgement system automatically creates the National Land Restitution Register (required by the Act), and generates reports.•The system provides basic reports and is continuously being improved.•Backups are done daily.-The system is replicating every 4 hours (to be improved to hourly)
PROGRESS ON IMPLEMENTATION OF PLANS
15
• The Act requires that the CRLR must ensure that priority is given to claims lodged not later than 31 December 1998.
• The outstanding claims shall be settled simultaneously with the new claims, but the new claims shall be prioritised for payment.
• As at 31 March 2014, 8471 land claims were outstanding. Information on the location of the outstanding claims per Province, District and Local Municipality.
• The bulk of the claims are at research stage.• The outstanding claims are as follows:
PRIORITISATION OF CLAIMS LODGED PRIOR TO 1998
16
PRIORITISATION OF CLAIMS LODGED PRIOR TO 1998
17
Phase One Phase Two Phase Three Phase Four
Lodgment & Registration
Screening and Categorisation
Determination of Qualification in terms
of Section 2 of the Restitution Act
Negotiations
Eastern Cape - 844 71 93 1008 19 989
Free State - - - 14 14 4 10
Gauteng - 227 15 28 270 4 266
KwaZulu Natal - 1463 144 521 2128 10 2118
Limpopo - 580 65 111 756 2 754
Mpumalanga - 2396 151 138 2685 7 2678
Northern Cape - 99 8 29 136 4 132
North West - 5 - 82 87 2 85Western Cape - 1612 - 37 1649 210 1439
Total 7226 454 1053 8733 262 8471
Province Settled for
Financial year 2013/2014
Total outstanding claims as at
28/03/2014
Total outstanding
The CRLR tabled a Strategic Plan (2014-19) that has three strategic goals:
1.Land rights restored in order to support land reform and agrarian transformation by 2019.2.Lodgement of restitution land claims reopened for people who did not meet the 1998 deadline.3.Organisational change management.
STRATEGIC OVERVIEW 2014-19
18
1. Land rights restored in order to support land reform and agrarian transformation by 2019:1. This requires the restoration of land rights or provision of equitable
redress to those dispossessed of rights in land, after 1913, as a result of past racially discriminatory laws or practices.
2. Implementation is measured by the number of claims settled, finalised and phased claims, and the number of land claims researched.
3. In the 2015-2018 MTEF the CRLR has planned to settle 1457 new land claims, to finalise 983 claims, implement 191 phased projects (claims settled in multiple phases), and research 5235 land claims.
4. The research of all claims lodged before 1998 is a priority.
STRATEGIC OVERVIEW 2014-19
19
2. Lodgement of restitution land claims reopened for people who did not meet the 1998 deadline• Solicit and receive claims for restitution of land rights by 30 June
2019.• Roll out a communication campaign to inform citizens about how to
lodge claims.• Lodgement to take place in 52 lodgement sites – 14 in the 2014/15
financial year, 23 lodgment sites in the MTEF and 52 lodgement sites by 2019.
• Maintain an electronic Land Restitution Register as required by the Act.
STRATEGIC OVERVIEW 2014-19
20
3. Organisational change management:• Improve corporate governance and service excellence through the
operationalization of an autonomous Commission.• A strengthened legal framework: regulations and standard operating
procedures so as to reduce the period it takes to settle land claims.• Improved business information , and improved communication.• A skills audit (officials of the CRLR) and based on the outcome,
implement a programme of skills development and training.• Improve research and project management capacity.
STRATEGIC OVERVIEW 2014-19
21
• The current MTEF budget allows for delivery as follows:
• 2014/15 : Finalise 239 claims - budget of R2,314,426,000
• In the response to the Budget Review and Recommendations Report of the Portfolio Committee (5th Parliament), the Minister of Finance stated that the funding model of the restitution programme shall be reviewed.
MTEF TARGETS
Performance indicator TargetNumber of land claims settled 1457Number of land claims finalized 983Number of phased projects approved 191Number of claims lodged by 1998 to be researched 5235Number of lodgement offices functional 23 lodgement offices opened
and functional
22
MTEF TARGET, PER PROVINCE
23
Strategic Objective Performance Indicator
Medium term targets Medium term targets Medium term targets2014/15 2015/16 2016/17
National Target
Provincial Targets National Target
Provincial Targets National Target
Provincial Targets
4.1 Restoration of land rights and
alternative forms of equitable
redress by 2019
Number of land claims
settled
379
Eastern Cape 76
463
Eastern Cape 177
615
Eastern Cape 167Free State 9 Free State 0 Free State 0Gauteng 15 Gauteng 20 Gauteng 30KwaZulu-Natal 25 KwaZulu-Natal 30 KwaZulu-Natal 35Limpopo 36 Limpopo 48 Limpopo 60Mpumalanga 16 Mpumalanga 18 Mpumalanga 17North West 6 North West 4 North West 7Northern Cape 9 Northern Cape 0 Northern Cape 19Western Cape 187 Western Cape 166 Western Cape 280
379 463 615Number of
claims finalised
239
Eastern Cape 30
373
Eastern Cape 150
371
Eastern Cape 150Free State 20 Free State 15 Free State 10Gauteng 20 Gauteng 20 Gauteng 20KwaZulu-Natal 13 KwaZulu-Natal 18 KwaZulu-Natal 23Limpopo 18 Limpopo 24 Limpopo 30Mpumalanga 8 Mpumalanga 8 Mpumalanga 7North West 12 North West 9 North West 9Northern Cape 9 Northern Cape 0 Northern Cape 18Western Cape 109 Western Cape 129 Western Cape 104
239 373 371Number of
phased projects settled
66
Eastern Cape 5
77
Eastern Cape 13
95
Eastern Cape 23Free State 1 Free State 0 Free State 0Gauteng 0 Gauteng 0 Gauteng 0KwaZulu-Natal 9 KwaZulu-Natal 14 KwaZulu-Natal 20Limpopo 18 Limpopo 24 Limpopo 30Mpumalanga 16 Mpumalanga 18 Mpumalanga 17North West 13 North West 8 North West 4Northern Cape 4 Northern Cape 0 Northern Cape 1Western Cape 0 Western Cape 0 Western Cape 0
66 77 95
• MTEF budget
MTEF BUDGET
Baseline Additional Total Baseline Additional Total Baseline Additional Total
Compensation of Employees 247,560 101,903 349,463 263,899 102,607 366,506 280,525 82,654 363,179Goods and Service 133,694 57,845 191,539 140,893 52,168 193,061 147,938 51,069 199,007Capital Assets 2,154 3,106 5,260 2,154 1,141 3,295 2,262 1,141 3,403Sub Total 383,408 162,854 546,262 406,946 155,916 562,862 430,724 134,864 565,588
Capital Transfers 2,277,992 286,352 2,564,344 2,851,516 198,252 3,049,768 2,994,092 215,159 3,209,251Total 2,661,400 449,206 3,110,606 3,258,462 354,168 3,612,630 3,424,816 350,023 3,774,839
Item
2015/16 2016/17 2017/18
24
• As at 11 August 2014, 9343 claims have been lodged.• All claims have been captured electronically.• The highest number of claims lodged are in Western Cape,
Gauteng, with Free State and Limpopo experiencing daily increases in volume. The lodgement system is copying with the high volumes of lodgement.
• 3.5% of the claims lodged are incomplete, i.e. not all information required was provided at lodgement.
• Claim type analyses is being done on a weekly basis. • The following are examples of reports that are generated:
STRENGTH, WEAKNESSES & LESSONS
25
ELECTRONIC LODGEMENT - LODGEMENT SYSTEM STATSAccumulative total of claims lodged as at 11th of August 2014
Accumulative total of claims lodged as at 11th of August 2014
3.5 % of incomplete claims
Western Cape highest province Arcadia highest lodgement site followed by Cape Town Bloemfontein and Polokwaneare emerging
Complete Incomplete
270.0 10.0
WITBANK 141.0 9.0
NELSPRUIT 129.0 1.0
1604.0 71.0
ARCADIA: PRETORIA 1604.0 71.0
515.0 44.0
KIMBERLY 515.0 44.0
1387.0 48.0
BLOEMFONTEIN 1387.0 48.0
1034.0 36.0
EAST LONDON 546.0 16.0
QUEENSTOWN 488.0 20.0
952.0 12.0
RLCC POLOKWANE 952.0 12.0
2136.0 58.0
GEORGE 665.0 22.0
CAPE TOWN 1471.0 36.0
867.0 16.0
VRYHEID 245.0 6.0
PIETERMARITZBURG 622.0 10.0
257.0 26.0
MMABATHO 174.0 19.0
VRYBURG 83.0 7.0
9022.0 321.0Total 9343
North West 283
193
90
KwaZulu Natal 883
251
632
964
Western Cape 2194
687
1507
562
508
Limpopo 964
559
Free State 1435
1435
Eastern Cape 1070
Gauteng 1675
1675
Northern Cape 559
Mpumalanga 280
150
130
Total
ELECTRONIC LODGEMENT - LODGEMENT SYSTEM STATSAccumulative total of claims lodged as at 11th of August 2014
Accumulative total of claims lodged as at 11th of August 2014
Western Cape highest province Arcadia highest lodgement site followed by Cape Town Bloemfontein and Polokwaneare emerging
ELECTRONIC LODGEMENT - LODGEMENT SYSTEM STATSClaim Analysis as at 11th August 2014
Race and Gender
Claim Analysis as at 11th August 2014
Race and Gender
Other includes Khoisans
GenderRace
F M
White 2.0 9.0
African 4444.0 3313.0
Coloured 1.0 686.0 484.0
Indian 23.0 37.0
Other 11.0 12.0
Total 1.0 5166.0 3855.0
23.0
9022.0
Total
11.0
7757.0
1171.0
60.0
ELECTRONIC LODGEMENT - LODGEMENT SYSTEM STATSClaim Analysis as at 11th of August 2014 Compensation and
Dispossessed Type
Claim Analysis as at 11th of August 2014 Compensation and
Dispossessed Type
Alternative remedies
Restoration of alternative land
Restoration of original land
Total
1.0 8.0 9.0 47.0
Sharecropping 3.0
0.0
Rental Use 6.0 14.0
None 1.0 0.0 15.0
Title 1.0 1.0 9.0 15.0
48.0 142.0 276.0 4883.0
Sharecropping 8.0 4.0 46.0 356.0
0.0 0.0 0.0 0.0
Rental Use 12.0 111.0 62.0 1378.0
None 17.0 13.0 124.0 2030.0
Title 11.0 14.0 44.0 1119.0
13.0 11.0 138.0 517.0
1.0 1.0
Sharecropping 4.0 2.0 46.0 125.0
Rental Use 3.0 5.0 25.0
None 3.0 2.0 62.0 203.0
Title 6.0 4.0 24.0 163.0
32.0 147.0 157.0 3575.0
0.0 0.0 2.0
Sharecropping 3.0 1.0 27.0 231.0
Rental Use 14.0 139.0 92.0 1804.0
None 12.0 2.0 28.0 1131.0
Title 3.0 5.0 10.0 407.0
94.0 308.0 580.0 9022.0Total 8040.0
Originally Dispossessed Person 3239.0
2.0
200.0
1559.0
1089.0
389.0
Community Representative 355.0
0.0
73.0
17.0
136.0
129.0
Direct Descendant 4417.0
298.0
0.0
1193.0
1876.0
1050.0
Estate 29.0
3.0
0.0
8.0
14.0
4.0
Financial compensation
ELECTRONIC LODGEMENT - LODGEMENT SYSTEM STATSClaim Analysis as at 11th of August 2014
Claim Analysis as at 11th of August 2014
Alternative remedies
Restoration of alternative land
Restoration of original land
Total
1.0 8.0 9.0 43.0
Sharecropping 3.0
Rental Use 6.0 14.0
None 1.0 0.0 13.0
Title 1.0 1.0 9.0 13.0
30.0 119.0 230.0 3736.0
Sharecropping 8.0 4.0 38.0 320.0
Rental Use 5.0 91.0 54.0 1036.0
None 10.0 10.0 100.0 1463.0
Title 7.0 14.0 38.0 917.0
10.0 7.0 114.0 419.0
Sharecropping 3.0 1.0 38.0 105.0
Rental Use 2.0 5.0 20.0
None 2.0 1.0 50.0 158.0
Title 5.0 3.0 21.0 136.0
18.0 122.0 137.0 2679.0
Sharecropping 2.0 1.0 25.0 199.0
Rental Use 9.0 117.0 83.0 1417.0
None 5.0 1.0 19.0 755.0
Title 2.0 3.0 10.0 308.0
59.0 256.0 490.0 6877.0Total 6072.0
Originally Dispossessed Person 2402.0
171.0
1208.0
730.0
293.0
Community Representative 288.0
63.0
13.0
105.0
107.0
Direct Descendant 3357.0
270.0
886.0
1343.0
858.0
Estate 25.0
3.0
8.0
12.0
2.0
Financial compensation
• The CRLR had planned for 2 data capturing stations in each lodgement site. There is a need for additional capturing stations.
• More staff has had to be used, particularly in the lodgement sites that have high volumes, on a roster system.
• The CRLR has become aware of many schemes designed to defraud claimants, and they have been reported to SAPS.
• The communication campaign shall be intensified, with the roll out of mobile communication units, distribution of the citizens manual and the use of paid media.
• More partnerships for the communication campaign are being established.
STRENGTH, WEAKNESSES & LESSONS
31
Thank You
32
