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Implementation of the Communal Land Rights

Act (CLaRA)

Presentation to the Portfolio Committee on Agriculture and Land Affairs

29 August 2006

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1. Background

The Communal Land Rights Act, 2004 (Act No.11 of 2004) (CLaRA) was promulgated in 2004.

The Portfolio Committee instructed the Department to develop an implementation plan for the CLaRA and the related costs.

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2. Progress made to date

DLA commissioned a baseline study last year on all land affected by the Act. Among other things, the study includes:

o Existing Tenure Systems (old order rights)

o Existing Land Administration structures, i.e. there are different structures in different provinces

o Land use planning and management

o Current levels of development

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Progress (continued….)o Development of indicators to measure

sustainable economic development

o Audits of communities that will be affected by the Act

o Determination of the extent of land to be affected by the legislation

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Progress (contd..) 13 314 230 hectares make up the former TBVC states and

Self-Governing Territories as well as ex-SADT land, 5 949 420 hectares is unregistered state land,

4 345 911 hectares is unsurveyed,

3 317 311 hectares of the land still to be surveyed and registered is in the Eastern Cape. 811 000 hectares was surveyed over the last 2 years,

2.8 million hectares is surveyed in KwaZulu-Natal and only 13 891 hectares remains outstanding.

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Progress (continued) 608 089 hectares currently being surveyed in

Limpopo,

62 522 hectares is to be surveyed in Mpumalanga,

330 088 hectares currently being surveyed in North West,

Only 14 010 hectares still needs to be surveyed in the Free State,

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Progress (continued)

792 509 hectares is in the process of registration,

7.4 million hectares has to be vested over the next two (2) to three (3) years.

17 130 052 hectares will be transferred to communities when the law comes into operation,

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Measures taken to fast-track surveying, registration and vesting DLA has recently completed a BPR to

determine complexity and volumes of work to be done

Implementation systems and procedures have been developed

Surveying has to be decentralised from National office of the DLA to Provincial Offices

Registration to be done in-house by DLA staff.

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Measures (continued)

Pro-active vesting process has been developed and subject to approval by the Minister

Proposal for increased capacity to fast-track surveying, registration and pro-active vesting has been developed and should be approved by the Minister in October 2006

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Measures (continued) Draft Regulations to be submitted to the Minister

by 30 September 2006 Consultation on the amended Regulations to be

completed in November 2006 Publish revised Regulations by January 2007 Table and gazette the final approved Regulations

by March 2007 Province-specific implementation plans to be

completed by 31 March 2007 Roll-out implementation by 1 April 2007 subject to

the outcomes of the Constitutional Court challenge on the CLaRA.

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Implications for the Implementation of the CLaRA Expected massive increase in the staff

of the DLA, particularly at the district and provincial levels,

Expect substantial increase in the budget of the DLA to funds & all related transaction costs e.g. surveying, land rights enquiries, development of communal general plans etc.

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Implications (continued)

The market may not have sufficient skills or people to implement CLaRA, however, the Department is already developing a Skills Framework in this regard.

END