1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM DRDLR / ITB LEGISLATIVE MANDATE
7 MARCH 2018

2. Background
The Portfolio Committee (PC) sought clarity from the Department on:
Legislative mandate of Ingonyama Trust / Board
Role of Department in support of Trust / Board
Department’s policy on conversions of PTOs to leases by Trust / Board
Implications of conversions in relation to ULTRA. 2

3. LEGISLATIVE MANDATE OF TRUST / BOARD
Trust is a statutory body.
Corporate body and juristic person.
Organ of State (Exercises public power / performs public function ito legislation)
Ingonyama (Zulu King) is the sole trustee.
Affairs of Trust administered by Board.
Board comprises Ingonyama and 8 others appointed by Minister after consultation with Ingonyama.

4. LEGISLATIVE MANDATE CONT.
Land which vested in KwaZulu government prior to 1994 vests in Trust.
Land held in trust for the benefit, material welfare and social wellbeing of specified communities.
Ingonyama may deal with land in accordance with Zulu customary law and other applicable law.
Board may decide to encumber, pledge, lease, alienate or dispose of land.
Ingonyama can only encumber, pledge, alienate or dispose of land with consent of traditional / community authority.

5. ROLE OF DEPT IN SUPPORT OF TRUST / BOARD
8 other members of Board appointed by Minister
DRDLR bears cost of administration of Board
Secretariat of Board established in consultation with Director General (DG).
Board recommends to Minister promulgation of regulations
The Regulations include those on:
Procedures for land allocations
Rental, levies, and other charges for right to use land
Distribution of income received by the Board

6. ROLE OF DEPT IN SUPPORT OF BOARD CONT.
Accounts of Board must be open for inspection by the DG
Board must submit annual report on Trust activities to the Minister.

7. DRDLR’s POLICY RE CONVERSIONS FROM PTOs TO LEASES
No written policy on conversions
CLARA provided for conversion from PTOs to ownership
Communal Land Tenure Bill proposes conversion from PTOs to ownership

8. IMPLICATIONS OF POLICY IN RELATION TO ULTRA
DRDLR’s position in CLARA and Communal Land Tenure Bill proposed conversion into ownership
ULTRA also provides for conversion into ownership with the following conditions:
Minister must first approve conversion
The Community must also approve conversion.

9. KE A LEBOGA!