EXTENSION OF SECURTY OF TENURE AMENDMENT BILL, [B 24B—2015] Presentation to the Select Committee on Land and Mineral Resources 13 February 2018

Presentation Outline Background and Rationale, Objectives of the Bill, Proposed amendments, and Socio-Economic Impact Assessment.

Background and Rationale Background and Rationale Challenge of continuing evictions, Need to clarify certain provisions of the Act, Strengthen tenure security, Ensure stakeholder involvement.

Objectives of the Bill Clarify definitions of farm dwellers/occupiers; Clarify eviction provisions; Specific provision for suitable alternative accommodation; Strengthen provisions on penalties for illegal evictions; Strengthen existing rights; Establish tenure grant for long term tenure security, and Provide for compensation to farm dwellers/occupiers for loss of rights; Establish the Land Rights Management Board (LRMB) and Land Rights Management Committees (LRMCs).

Proposed amendments (1) Section to be amended Gaps/challenges addressed Amendments made How it will read after amendment The impact of the amendment Section 1 insertion of a definition of “family” Family definition was not included in the main Act and created problems in defining who may and may not be protected. Insertion of the term “family” “Family” means the occupiers spouse and includes a spouse in a customary marriage, whether or not marriage is registered); child, including an adopted child; a grandchild, parent, grandparent who arte dependants of the occupier and who reside on the land with the occupier”; Give more protection to family members and define clearly who are dependants and family members to avoid ambiguity.

Proposed amendments (2) Section to be amended Gaps/challenges addressed Amendments made How it will read after amendment The impact of the amendment Section 4 substitution of “Subsidies” with “Tenure grant”. The principal Act provided for subsidies, and thereby making it difficult to provide long term tenure options. Tenure grants replaces subsidies. The Minister shall, form monies appropriated by Parliament for that purpose and subject to the conditions the Minister may prescribe in general or determine in a particular case, provide tenure grants. Enable occupiers and former occupiers to acquire alternative accommodation and Compensate owners for providing accommodation and services to occupiers.

Proposed amendments (3) Section to be amended Gaps/challenges addressed Amendments made How it will read after amendment The impact of the amendment Section 6 insertion in subsection (2) “maintenance of dwellings” The Principal Act did not make provision that occupiers may maintain dwellings and as such land owners refused any maintenance. Insertion of the new paragraph providing for maintenance of dwellings. (dB) to take reasonable measures to maintain the dwellings occupied by him or her or members of his or her family Enable occupiers to maintain their dwellings.

Proposed amendments (4) Section to be amended Gaps/challenges addressed Amendments made How it will read after amendment The impact of the amendment Section 6 insertion of ‘right to erect a tombstone” The principal Act did not establish a clear right to erect tombstones but only to maintain existing graves. Insertion of the right to erect tombstones. (4)...to erect a tombstone on, mark, place symbols or perform rites on family graves… Enable occupiers and former occupiers to erect tombstones and perform rites thereon.

Proposed amendments (5) Section to be amended Gaps/challenges addressed Amendments made How it will read after amendment The impact of the amendment Section 9 to set preconditions for evictions Sections 10 and 11 to provide for compulsory mediation before litigation. To ensure only lawful evictions occur Instant litigation resulted in costly battles and acrimonious endings. Evictions only lawful if- there is court order; occupier was legally represented. Insertion of provision requiring proof of mediation/arbitration before litigation was commenced with”. Occupier may be evicted only ito court order and was legally represented… The owner or person in charge or the occupier have attempted mediation/arbitration to settle disputes. Only a court can order an eviction. Avoid long and expensive court battles and offer parties an opportunity to negotiate and settle disputes.

Proposed amendments (6) Section to be amended Gaps/challenges addressed Amendments made How it will read after amendment The impact of the amendment Section 12 Evictions carried out even under unreasonable weather conditions. Evictions to be carried out under reasonable whether conditions. The court determines reasonable weather conditions under which an eviction may be carried out. Evictions can only be carried out under reasonable weather conditions.

Proposed amendments (7) Section to be inserted Gaps/challenges addressed Amendments made How it will read after amendment The impact of the amendment Insertion of Chapter IVA Creation of institutions at local level to find local solutions Insertion of a new chapter which creates LRMB and LRMC The Land Rights Management Board and the Land Rights Management Committees are established. The structures will advise and assist the Minister in the implementation of legislation by ensuring that all stakeholders are involved in matters affecting them.

Consultation processes Bill was published for public comments on 17 of October 2013; published for 30 days; Public consultations were conducted throughout the provinces and districts; Verbal and written submissions were received during the consultations; NEDLAC consultations were also conducted; Comments were considered and incorporated into the current Bill.

Socio-Economic Impact Assessment The SEIAS was conducted; The SEIAS supported the amendments; The financial implications were also considered during the SEIAS; The Department to factor these financial implications in its future budgeting; Support by National Treasury; No additional organisational structure implications, currently the Bill will be funded from the existing baseline allocation.