1. PROGRESS REPORT ON LAND CLAIMS IN PROTECTED AREAS
PRESENTATION TO THE PORTFOLIO COMMITTEE ON TOURISM
BY THAMI MDONTSWA
DEPUTY LAND CLAIMS COMMISSIONER
20 AUGUST 2013

2. PRESENTATION OUTLINE OVERVIEW OF THE RESTITUTION PROGRAMME
PROGRESS ON THE SETTLEMENT OF LAND CLAIMS
SETTLEMENT FRAMEWORK FOR CLAIMS IN PROTECTED AREAS
PROGRESS REPORT ON SETTLEMENT OF CLAIMS ON CLAIMS IN PROTECTED AREAS
CHALLENGES AND REMEDIAL ACTION
WAY FORWARD
CLAIMS ON THE KRUGER NATIONAL PARK
WAY FORWARD ON KNP CLAIMS

3. OVERVIEW OF THE RESTITUTION PROGRAMME
The mandate for restitution emanates from s25(7) of the Constitution.
Land restitution is one of the four elements of land reform, the others being land redistribution, land tenure reform, and development.
The Restitution of Land Rights Act, 1994 regulates the restitution process. It provides for the establishment of the Commission (to solicit, investigate and attempt to resolve claims through mediation and negotiation) and the Land Claims Court (which adjudicates disputes arising from the process).

4. OVERVIEW OF THE RESTITUTION PROGRAMME
A person, direct descendant of a person, estate, or community is entitled to restitution or equitable redress when it was dispossessed of a right in land, after 19 June 1913, as a result of past racially discriminatory laws or practices, and where a claim for such restitution was lodged no later than 31 December Those who received compensation that is just and equitable at the time of dispossession do not qualify.
Restitution occurs in the following forms
Restoration of a right in land
Provision of alternative land
Payment of financial compensation
Development, or
A combination of the above

5. OVERVIEW OF THE RESTITUTION PROGRAMME
The processing of claims takes place through the following processes:
Lodgment – a process where claims are lodged with the Commission
Research – a process that involves the investigation of a claim by the Commission, its acceptance or dismissal, publication of the claim in the government gazette, and the determination of the households that qualify for restitution (verification).
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)

6. PROGRESS ON THE SETTLEMENT OF CLAIMS
Three targets were set for the restitution programme in the White Paper on South African Land Policy (1997) –
A 3 year period for lodgment of claims;
A 5 year period for the settlement of claims;
A 10 year period for the implementation of settlement awards and other post settlement support.
The target for the settlement of claims was initially 2000, extended to 2005, and further extended to 2008.
Between 1995 and 2006 the Commission focused on the settlement of urban claims.
Rural claims have proved to be more complex. They are on vast tracks of land, are often competing, have a large number of households and beneficiaries.

7. PROGRESS ON THE SETTLEMENT OF CLAIMS
As at 31 March 2013, land claims had been settled, of which were finalised. 3 million hectares of land, at a cost of R10.8 billion, has been awarded to qualifying claimants, of which 1, 444 million have been transferred.
out of the claims that have been settled were financial compensation claims. A total of R6 billion has been paid to beneficiaries. Had these beneficiaries chose land restoration government would have acquired a further 1.9 million hectares.
1.8 million individuals who are members of households have benefitted from the programme.
136, 968 households are female headed households and 672 are headed by persons with disability.

8. SETTLEMENT FRAMEWORK FOR CLAIMS IN PROTECTED AREAS
In October 2002 Cabinet approved that land claims on protected conservation areas, where claimants have opted for restoration of rights in land, be settled by the award of ownership of the land, albeit without physical settlement by the claimants.
The settlements would include sustainable partnerships between claimants and managers of protected areas to achieve effective biodiversity conservation of the area, including economic viability, holistic and coherent management.
Cabinet directed that there should be economic benefits for the claimant communities, but that settlements should not undermine the economic viability, financial sustainability and holistic management of protected areas, especially national parks, World Heritage sites and other areas of high conservation value.

9. SETTLEMENT FRAMEWORK FOR CLAIMS IN PROTECTED AREAS
In May 2007 the Ministers of Environmental Affairs and of Agriculture and Land Affairs entered an agreement providing a framework for the settlement of claims in protected areas.
The framework provided principles (aligned with the Cabinet Decision) and for protocol to be followed in settling claims in protected areas.
In 2009 a national co-management framework was developed, which requires that co-management agreements must ensure that the claimants receive tangible, realistic and optimal benefits without compromising the ecological integrity and the long term objective of financial sustainability of the protected area.

10. SETTLEMENT FRAMEWORK FOR CLAIMS IN PROTECTED AREAS
In May 2009 a new mandate of rural development, land reform and agrarian transformation was given to the new Department of Rural Development and Land Reform, to which the Commission is an entity.
The Comprehensive Rural Development Programme (CRDP) was approved by Cabinet in the latter part of 2009.
All Policies of the Department of Land Affairs had to be aligned with the new mandate, including the manner in which land claims are settled.
A Green Paper on Land Reform was published in September 2011, containing 3 principles that underpin land reform –
Deracialisation of the rural economy
Democratic and equitable us of land across race, gender and class
Strict production discipline

11. SETTLEMENT FRAMEWORK FOR CLAIMS IN PROTECTED AREAS
A new development sub-programme (the Recapitalisation and Development Programme- RADP) was introduced, and the national co-management framework was aligned to the sub-programme.
The strategy of the RADP is strategic partnerships which can take the form of mentorships, co-management, share equity arrangements, and contract farming and concessions.
Co-management has four pillars-
Tangible Benefits
Transformation
Transparency and Accountability
Risk Mitigation

12. DRDLR VIRTUOUS CYCLE DRDLR Virtuous Cycle Strategic Projects
“What” to buy:
Proactive acquisition of land based on SPLUM reports
Strategic Acquisition LR
Society Organisation and Development
REID
Infrastructure delivery based on societal needs
RID
Strategic Planning
SPLUM
Determine ‘Where” to implement:
SIPs
23 Districts
CRDP sites
PGDS
District IDPs
LM IDPs
Statssa Info (analysis)
LMC (Functions to be identified)
“Who” to assist
“When” to assist
“How” to assist:
Community organisation into economic units of production
Training of communities
Provision of production inputs
Enter into strategic partnerships to support
Identify community and on farms infrastructure required
Skills development and training (Narysec)
DRDLR
Virtuous Cycle
Strategic Projects
Infrastructure Projects i.e. When and what infrastructure to deliver is determined by community readiness to produce in the identified areas that maximize governments investment. Projects relating to the socio-economic, regeneration of small towns, ICT, and special projects will also be initiated by RID. 16

13. PROGRESS IN THE SETTLEMENT OF CLAIMS ON PROTECTED AREAS
150 land claims have been lodged on protected areas, 46 of which have been settled
44 claims are currently being reached
13 have been accepted and gazetted
A verification of households is taking place in 4 claims
27 claims are at negotiations stage, with a further 9 being at settlement state
4 claims are presently before court where various disputes are being adjudicated
A breakdown per province is as follows:

14. BREAKDOWN OF CLAIMS IN PROTECTED AREAS
PROV
NO. OF CLAIMS
RESEARCH
GAZETTE
VERIFICATION
NEGOTIATINS
SETTLMNT
SETTLED
DISMISSAL
COURT CASES EC 18 2 1 4 7 FS 6
GP & NW 13 11
KZN 21 16 LP 28 5 12 9 MP 58 36 3 NC WC
Total
150 44 27 46

15. CHALLENGES WITH THE SETTLEMENT OF CLAIMS IN PROTECTED AREAS
Overlapping and competing claims;
Conflict between claimants or legal entities and traditional leadership institutions;
Most land is unsurveyed, unregistered state land;
Benefits from the co-management agreements are minimal – management agencies have argued that they cannot afford the cost of co-management.
Without clear funding commitments to support the four pillars of co-management, claimants object to entering into co-management agreements.

16. Communities are being educated on the importance of conservation
REMEDIAL ACTION
The Commission has partnered with the Human Sciences Research Council and UNISA who will assist it with the research of claims
A communal land tenure policy and legislation is being developed to regulate land administration within communal areas
A state land audit was conducted, and unsurveyed land is being surveyed
Alternative funding models for co-management through the development sub-programme are being explored.
Communities are being educated on the importance of conservation

17. WAY FORWARD
With the assistance of DEA, the Commission and Management Authorities have developed settlement plans for all outstanding claims.
50% of the outstanding claims on protected areas shall be finalised by the end of the 2014/15 financial year.
The settlement shall be preceded by the development of business planning and development of park specific co-management agreements
Current management authorities shall become strategic partners of the claimants through co-management agreement in terms of the national co-management framework and RADP

18. SETTLEMENT FRAMEWORK FOR CLAIMS IN KRUGER NATIONAL PARK
In December 2008 SANParks and DEAT informed Cabinet that communities were unhappy with the restricted title arguing that the restrictions were imposed against their will; that the communities viewed revenue generation from the land as a priority over biodiversity conservation and wanted operations to be run in the same manner as ecotourism practices in adjacent private reserves; and that these challenges threatened national heritage, iconic status and immense international recognition that the KNP enjoys.
Cabinet approved that only equitable redress would be the only means of settling land claims within the KNP.

19. SETTLEMENT FRAMEWORK FOR CLAIMS IN KRUGER NATIONAL PARK
The following principles would guide the settlement of claims in the KNP.
Beneficiation scheme must form part of the equitable redress model in order to ensure fair and equitable compensation for the claimants;
Beneficiation should be tangible, realistic and optimal;
Settlement of the claims in the KNP should uphold principles of economic viability, financial sustainability and holistic management of protected areas (conservation); and
Post settlement use should be compatible with conservation and protected areas legislation.

20. SETTLEMENT FRAMEWORK FOR CLAIMS IN KRUGER NATIONAL PARK
DEA conducted a scoping exercise to inform a Beneficiation Scheme that could be implemented in the KNP, to give effect to the principles set out above.
A report has been finalised setting out economic opportunities that exist for communities inside and outside the boundaries of the park.
The report and its recommended projects have been accepted by the Departments of Environmental Affairs (“DEA”), of Rural Development and Land Reform (“DRDLR”) and South African National Parks (“SANParks”), shall be implemented.

21. CHALLENGES ABOUT CLAIMS IN KRUGER NATIONAL PARK
Some communities that have engaged legal representatives to represent them in their claim for restoration of ownership rights, even if there would be restrictions.
When Cabinet approved that only equitable redress would be available to settle claims in the KNP it noted that the Commission was required (by section 29(4) of the Restitution of Land Rights Act) to provide legal representation at its expense to assist claimant communities to refer their claims to court.
Some communities, particularly in the Limpopo Province, have indicated their preference to refer their claims to the Land Claims Court for adjudication.

22. WAY FORWARD ON CLAIMS IN KRUGER NATIONAL PARK
The DRDLR, DEA and SANParks ARE developing a framework for the settlement of each claim in the KNP to be discussed with the claimant communities.
Outstanding restitution processes are being finalised, e.g. research of claims, verification of households, etc.
A task team has been set up to finalise these claims.

23. THANK YOU …