BRIEFING ON THE REOPENING OF LODGMENT OF LAND CLAIMS TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM NOMFUNDO GOBODO CHIEF 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 5 th Parliament. 4.Prioritisation of land claims lodged prior to 31 st 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

Vision A Commission of excellence that ensures effective, efficient and speedily redress is provided to all those that were dispossessed through racially based land dispossession. Mission We 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) Mandate The 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 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

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During the 5 th 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 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 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 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 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

PRIORITISATION OF CLAIMS LODGED PRIOR TO

The CRLR tabled a Strategic Plan ( ) that has three strategic goals: 1.Land rights restored in order to support land reform and agrarian transformation by Lodgement of restitution land claims reopened for people who did not meet the 1998 deadline. 3.Organisational change management. STRATEGIC OVERVIEW

1.Land rights restored in order to support land reform and agrarian transformation by 2019: 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. Implementation is measured by the number of claims settled, finalised and phased claims, and the number of land claims researched. In the 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. The research of all claims lodged before 1998 is a priority. STRATEGIC OVERVIEW

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 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 Maintain an electronic Land Restitution Register as required by the Act. STRATEGIC OVERVIEW

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

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 (5 th Parliament), the Minister of Finance stated that the funding model of the restitution programme shall be reviewed. MTEF TARGETS Performance indicatorTarget Number of land claims settled1457 Number of land claims finalized983 Number of phased projects approved191 Number of claims lodged by 1998 to be researched5235 Number of lodgement offices functional23 lodgement offices opened and functional 22

MTEF TARGET, PER PROVINCE 23 Strategic ObjectivePerformance Indicator Medium term targets 2014/152015/162016/17 National Target Provincial TargetsNational Target Provincial TargetsNational 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 Eastern Cape Eastern Cape167 Free State9 0 0 Gauteng15Gauteng20Gauteng30 KwaZulu-Natal25KwaZulu-Natal30KwaZulu-Natal35 Limpopo36Limpopo48Limpopo60 Mpumalanga16Mpumalanga18Mpumalanga17 North West6 4 7 Northern Cape Western Cape187Western Cape166Western Cape Number of claims finalised 239 Eastern Cape Eastern Cape Eastern Cape150 Free State20Free State15Free State10 Gauteng20Gauteng20Gauteng20 KwaZulu-Natal13KwaZulu-Natal18KwaZulu-Natal23 Limpopo18Limpopo24Limpopo30 Mpumalanga8 8 7 North West12North West9 9 Northern Cape Western Cape109Western Cape129Western Cape Number of phased projects settled 66 Eastern Cape5 77 Eastern Cape13 95 Eastern Cape23 Free State1 0 0 Gauteng0 0 0 KwaZulu-Natal9 14KwaZulu-Natal20 Limpopo18Limpopo24Limpopo30 Mpumalanga16Mpumalanga18Mpumalanga17 North West13North West8 4 Northern Cape4 0 1 Western Cape

MTEF budget MTEF BUDGET 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 STATS Accumulative total of claims lodged as at 11 th of August % of incomplete claims  Western Cape highest province  Arcadia highest lodgement site followed by Cape Town  Bloemfontein and Polokwane are emerging

ELECTRONIC LODGEMENT - LODGEMENT SYSTEM STATS Accumulative total of claims lodged as at 11 th of August 2014  Western Cape highest province  Arcadia highest lodgement site followed by Cape Town  Bloemfontein and Polokwane are emerging

ELECTRONIC LODGEMENT - LODGEMENT SYSTEM STATS Claim Analysis as at 11 th August 2014 Race and Gender Claim Analysis as at 11 th August 2014 Race and Gender  Other includes Khoisans Gender Race

ELECTRONIC LODGEMENT - LODGEMENT SYSTEM STATS Claim Analysis as at 11 th of August 2014 Compensation and Dispossessed Type Claim Analysis as at 11 th of August 2014 Compensation and Dispossessed Type

ELECTRONIC LODGEMENT - LODGEMENT SYSTEM STATS Claim Analysis as at 11 th of August 2014

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