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STATUS REPORT ON THE LAND RIGHTS MANAGEMENT FACILITY (LRMF)
DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM STATUS REPORT ON THE LAND RIGHTS MANAGEMENT FACILITY (LRMF) DATE : 8 SEPTEMBER 2010 TIME: 10:00 VENUE: COMMITTEE ROOM M 314, MARKS BUILDING, PARLIAMENT
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OUTLINE Background Rationale for the LRMF How does the LRMF Operate
Status of Mediation Cases Status of Legal Services Panel Cases LRMF beyond November 2010
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BACKGROUND LRMF was established in November 2007.
Two service providers were appointed to provide mediation services (Mediation Transformation Practice) and manage a legal services panel (Cheadle Thompson & Haysom Incorporated). Both contracts were for a three year period (2007 – 2010). Call Centre ( ) also established to improve access for persons in need of assistance. Call centre provides for all 11 official languages.
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RATIONALE FOR THE LRMF Land Reform (Labour Tenants) Act, 1996 and the Extension of Security of Tenure Act, 1997 provided for rights that could mainly be asserted through legal mechanisms. Existing legal aid system could not adequately provide for civil litigation including litigation on land matters. Government has a legal obligation to provide legal assistance to persons living and working on farms (Nkuzi Development Association v Government of the Republic of SA and Another LCC 10/2001) and yet there was no functional mechanism. Government procurement systems are not geared to respond as quickly as matters of this nature require.
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HOW DOES THE LRMF OPERATE?
Call Centre / District / provincial office receives a complaint. Complaint assessed whether Departmental officials can deal with the matter or whether it requires legal intervention or mediation. Matter is referred to either service on the basis of the said assessment. Service provider conducts its own assessment and appoints an attorney/mediator from the panel if required. Regular feedback to either Provincial/District Office and clients.
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STATUS OF MEDIATION CASES
PROVINCE SETTLED LITIGATION NO MEDIATION REQUIRED NO AGREEMENT TOTAL Eastern Cape 13 10 31 22 76 Free State 15 25 87 Gauteng 5 1 6 KZN 27 17 72 Limpopo 4 2 8 Mpumalanga 29 9 18 16 North West 35 Northern Cape 3 11 Western Cape 24 12 59 139 123 95 433
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STATUS OF LEGAL SERVICES PANEL CASES
PROVINCE FINALISED PENDING TOTAL Eastern Cape 6 29 35 Free State 74 114 188 Limpopo 11 30 41 Gauteng 19 54 73 North West 18 57 75 Mpumalanga 100 118 KwaZulu-Natal 26 162 Western Cape 150 185 Northern Cape 4 207 700 907
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THE LRMF BEYOND NOVEMBER 2010
New tender has been advertised for the next 18 months. Only a single service provider to be appointed. Process to be finalised by October 2010. The facility will be institutionalised through the proposed Land Tenure Security Law.
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THANK YOU
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