DEPARTMENT OF LAND AFFAIRS ACCELERATING LAND DELIVERY FOR SUSTAINABLE DEVELOPMENT

Accelerating Land Delivery for Sustainable Development

1

DEPARTMENT OF LAND AFFAIRS

ACCELERATING LAND DELIVERY FOR SUSTAINABLE DEVELOPMENT

PRESENTATION TO THE PORTFOLIO COMMITTEE

2 JUNE 2004

Dr Gilingwe Mayende, Director General


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VISION

An equitable and sustainable land dispensation that promotes social and An equitable and sustainable land dispensation that promotes social and economic developmenteconomic development


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MISSION

To provide access to land and to extend rights in land, with particular To provide access to land and to extend rights in land, with particular emphasis on the previously disadvantaged communities, within a well emphasis on the previously disadvantaged communities, within a well

planned environmentplanned environment


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POLICY FRAMEWORK

• State of the Nation Address 6 February 2004 and 21 May 2004

• January and May 2004 Cabinet Makgotla Resolutions

• Policy Direction from Minister of Land Affairs February 2000

• ISRDP and URP

• Minister’s address to senior managers of DLA in October 2003

• Strategic Plan of the DLA 2004 – 2007


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STRATEGIC OBJECTIVES

1.1. Provision of Access to LandProvision of Access to Land

2.2. Provision of Rights in LandProvision of Rights in Land

3.3. Effective Land Planning and InformationEffective Land Planning and Information

4.4. Improvement of Stakeholder RelationsImprovement of Stakeholder Relations

5.5. Promotion of Intra-Departmental ExcellencePromotion of Intra-Departmental Excellence

6.6. Improvement and Alignment of Systems and ProcessesImprovement and Alignment of Systems and Processes


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KEY PERFORMANCE AREAS FOR 2004/2005

STRATEGIC OBJECTIVE 1: PROVISION OF ACCESS TO LAND

• Reach Land Redistribution Targets

• Accelerate the Disposal and Improve the Administration of State Land

• Provide Technical Services to Reach Land Redistribution Targets, Tenure Security, Settlement of Claims and Disposal of State Land

• Provide Land, Support and Technical Services to the URP, ISRDP and EPWP


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KEY PERFORMANCE AREAS FOR 2004/2005 contined

• STRATEGIC OBJECTIVE 2: PROVISION OF RIGHTS IN LAND

5 Accelerate Settlement of Restitution Claims

6 Provide Security of Tenure

• Provide Security of Tenure By Regulating Cadastral Survey and Registration of Land Rights

• Finalise Land Reform Legislation to Provide for Communities Residing on Communal Areas as well as Commercial and Peri- Urban Land


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• STRATEGIC OBJECTIVE 3: EFFECTIVE LAND PLANNING AND INFORMATION

• 9 Review Land Planning Legislation and Policies

• 10 Provide Relevant Spatial Information and Services to all Spheres of Government and other Clients


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• STRATEGIC OBJECTIVE 4: IMPROVED STAKEHOLDET RELATIONS

11 Ensure effective communication on Departmental programmes and projects

12 Ensure Meaningful Participation of all Relevant Stakeholders

• Promote Inter-Governmental and International Relations

• Effectively Facilitate Development Planning for Land Reform Projects (‘Post Settlement Support’)


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• STRATEGIC OBJECTIVE 5: PROMOTION OF INTRA-DEPARTMETAL EXCELLENCE

16 Ensure Departmental Tranformation

17 Institutionalise Gender within Departmental programmes

18 Institutionalise HIV/AIDS support mechanisms within Departmental programmes

19 Institutionalise Disability Support Mechanisms within departmental Programmes


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KEY PERFORMANCE AREAS FOR 2004/2005 cont

STRATEGIC OBJECTIVE 6: IMPROVEMENT AND ALIGNMENT OF SYSTEMS AND PROCEDURES

20 Provide Effective Governance of the Department

21 Develop and Provide Corporate Information Systems to Support Land Delivery and Land Planning

22 Improve Systems and Procedures to enhance Land Delivery and

Land Planning


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FINANCIAL REVIEW FOR 2003/04 (PROGRAMMES)

Programme Expenditure 2003/04

R’ 000

Budget 2003/04

R’ 000

%

of Budget

1. Administration 165 481 177 155 93.4%

2. Surveys & Map. 61 401 62 274 98.6%

3. Cadastral Surveys 68 161 75 469 90.3%

4. Restitution 839 116 839 873 99.9%

5. Land Reform 453 735 465 373 97.5%

6. Spatial Planning 11 866 18 051 65.7%

7. Aux. & Ass. Ser. 10 390 16 802 61.8%

TOTAL 1 610 150 1 654 997 97.2%


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FINANCIAL REVIEW FOR 2003/04 (STANDARD ITEMS)

Standard Items Expenditure 2003/04

R’ 000

Budget

2003/04

R’ 000

%

of Budget

Personnel 278 472 286 171 97.3%

Admin 73 237 76 208 96.1%

Inventories 12 153 14 343 84.7%

Equipment 35 983 48 711 73.8%

Prof and Spec 134 765 153 268 87.9%

Transfers 1 074 688 1 075 322 99.9%

Miscellaneous 851 974 87.3%

TOTAL 1 610 150 1 654 997 97.2%


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LAND DELIVERED SINCE 1994

• Total size of land delivered since 1994 is about 3, 2 million ha.

• This includes land delivered through the restitution, redistribution and state land.

• The total number of household/individuals that have benefited from land reform is over 700 000.

• Percentage contribution per programme is as follows:


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SIZE OF LAND DELIVERED PER PROGRAMME

REDISTRIBUTION (Excluding LRAD)

32%

REDISTRIBUTION (LRAD) 15%TENURE REFORM

4%

STATELAND24%

RESTITUTION 25%


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TOTAL LAND DELIVERED PER PROGRAMME(AS AT FEBRUARY 2004)

• Redistribution 1,536,418.76

• Restitution 810,292.00 ha

• Tenure 146,856.22 ha

• State land 772,626.00 ha

• Total 3,266,192.98 ha


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PERFORMANCE REVIEW FOR 2003/2004

• 97% of allocated budget spent

• Unqualified Auditor General Audit (both Main Vote and DLA)

• Significant progress in development of legislation

• Quality of restitution settlements improved


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PERFORMANCE REVIEW FOR 2003/2004 CONTINUED

• Capacity is being developed in Spatial Planning and Information

• Fraud-prevention and Audit Coverage Plans completed

• Transformation is on track:- EE progamme being implemented

• Significant achievement in implementing employment equity both in terms of race and gender.

• Gender emphasis in recruitment : 35% of women in senior management positions and 30% in positions of Chief Director upwards

• Decentralisation process gaining momentum


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KEY OUTPUTS FOR 2004/2005

• LAND TO BE TRANSFERRED IN HECTARES

Total 180 142 ha to be transferred

82 609 ha to vulnerable groups

30% of land reform projects to be owned by women

87 470 ha of state land disposed of

1 521 properties to be confirmed vested

1 667 ha in support of URP, ISRDP and EPWP


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KEY OUTPUTS FOR 2004/2005 cont

• SETTLEMENT OF RESTITUTION CLAIMS

All valid claims to be settled by December 2005

Total = 27 111 valid claims

Breakdown: 19 870 urban claims 7 241 rural claims


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• PROVIDE SECURITY OF TENURE: 2 000 title deeds to be issued: conversion of de facto ownership to de

jure ownership

7 agreements and/or disputes resolved i.t.o TRANCRAA

10 000 labour tenant claims to be finalised

285 agreements concluded/disputes resolved i.t.o ESTA

46 Court referrals i.t.o ESTA

Maintain 10 days turn-around times for registration of deeds

Maintain 15 days turn-around times for approval of cadastral documents


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• FINALISE LAND REFORM LEGISLATION TO PROVIDE FOR

COMMUNITIES RESIDING ON COMMUNAL AREAS AS WELL AS

COMMERCIAL AND PERI- URBAN LAND:

CLRA to be implemented

CLRA regulations to be drafted

Consolidated ESTA and LTA legislation to be available in August 2005

Title Adjustment Legislation to be available in August 2004


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• REVIEW LAND PLANNING LEGISLATION AND POLICIES AND PROVIDE SPATIAL INFORMATION TO ALL SPHERE OF GOVT:

Land Use Management Bill to be submitted to Minister in July 2004

Survey Profession Bill to be submitted to Minister in September 2004

Deeds Registry Act, Sectional Title Act and Land Survey Act to be reviewed

Continue to provide relevant spatial planning information to all spheres of Government according to agreed service delivery standards


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• IMPROVE STAKEHOLDER RELATIONS:

Land reform information to be disseminated internationally

Enhance the extent of strategic partnerships

Formalise DLA participation in inter-Governmental fora

Initiate and facilitate regional and international activities

122 projects to be restructured (post settlement support)

SLA to be signed with relevant stake holders (post settlement support)


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• ENSURE ACCOUNTABILITY FOR DEPARTMENTAL RESOURCES, EFFECTIVE GOVERNANCE OF THE DEPARTMENT:

Unqualified audit report

Continue to provide effective systems risk management, compliance management and internal controls

Approve Security Policy as well as Health and Safety Policy

Ensure Departmental transformation

Institutionalise gender programmes within Departmental programes

Institutionalise HIV/AIDS support mechanisms within departmental programmes

Institutionalise disability support mechanisms within Departmental programmes Develop and provide corporate information systems to support land delivery

Improve systems and procedures to enhance land delivery and planning


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Programme 2004/05

(R’000)

2005/06

(R’000)

2006/07

(R’000)

1. Administration 187 439 (10%) 198 102 209 800

2. Surveys & Map. 72 786 (4%) 77 251 81 935

3. Cadastral Surveys 82 558 (5%) 87 468 92 732

4. Restitution 933 225 (52%) 1 156 823 1 370 307

5. Land Reform 473 760 (26%) 619 369 800 568

6. Spatial Planning 19 262 (1%) 20 248 21 462

7. Aux. & Ass. Ser. 19 122 (1%) 20 269 21 485

TOTAL 1 788 152 2 179 530 2 598 289

DEPARTMENTAL BUDGETDEPARTMENTAL BUDGETProgrammesProgrammes


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10%

4%

5%26%

1% 1%

53%

1 Admin 2 Surveys & Mapping 3 Cadastral Surveys 4 Restitution

5 Land Reform 6 Spatial Planning 7 Aux & Ass. Serv.

DEPARTMENTAL BUDGETDEPARTMENTAL BUDGETProgrammesProgrammes


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Standard Items 2004/05

(R’000)

2005/06

(R’000)

2006/07

(R’000)

Compensation of Employees

374 030 395 996 419 084

Goods & Services 296 096 308 418 327 841

Transfers & Subsidies

1 086 327 1 441 046 1 815 500

Payment for Capital Assets

31 699 34 070 35 864

TOTAL 1 788 152 2 179 530 2 598 289

DEPARTMENTAL BUDGETDEPARTMENTAL BUDGETEconomic ClassificationEconomic Classification


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21%

17%

60%

2%

Comp of Employees Goods & Services

Transfers & Subsidies Payments for Capital Assets

DEPARTMENTAL BUDGETDEPARTMENTAL BUDGETStandard ItemsStandard Items


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LEGISLATION IMPLEMENTED BY DLA REDISTRIBUTION

• The Provision of Land and Assistance Act, 1993 (Act 126 of 1993), as amended. Empowers the Minister of Land Affairs to acquire land and provide

development assistance to the redistribution of land and for security of tenure to occupiers of rural land belonging to someone else.


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LEGISLATION IMPLEMENTED BY DLARESTITUTION:

• The Restitution of Land Rights Act, 1994 (Act 22 of 1994). Provides for the restitution of land or equitable redress to persons or

communities disposed of land as a result of past racially discriminatory laws or practices; and

• The Restitution of Land Rights Amendment Act 48 of 2003. Empowers the Minister of Land Affairs to purchase, acquire in any other

manner or expropriate land or rights in land for the purpose of a restitution award or for any land reform purpose.


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LEGISLATION IMPLEMENTED BY DLATENURE REFORM:

• The Upgrading of Land Tenure Rights Act, 1991 (Act 112 of 1991). Provides for the upgrading of various forms of tenure to ownership;

• The Interim Protection of Informal Land Rights Act, 1996 (Act 31 of 1996).

o Provides for the temporary protection of certain rights and interest in land which are not otherwise adequately protected by law, until comprehensive new legislation is in place;

• The Extension of Security of Tenure Act 1997 (Act 62 of 1997). Provides for security of tenure to people living in farm land belonging to

other people and regulates the eviction of such people under certain circumstances ;


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LEGISLATION IMPLEMENTED BY DLATENURE REFORM:

• The Land Reform (Labour Tenants) Act, 1996 (Act 3 of 1996). Provides for security of tenure to labour tenants and their associates and

for the acquisition of land by labour tenants.

• The Communal Property Association Act, 1996 (Act 28 of 1996). Makes provision for the establishment of legal entities enabling

communities to acquire, hold and manage land on an agreed basis in terms of a constitution; and

• The Transformation of Certain Rural Areas Act, 1998 (Act 94 of 1998). Provides for the repeal of the Rural Areas Act, 1987.


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LEGISLATION IMPLEMENTED BY DLA LAND PLANNING AND INFORMATION

• The Deeds Registries Act, 1937 (Act 47 of 1937). Provides for the administration of the land registration system and the

registration of rights in land;

• The Professional and Technical Surveyors Act, 1984 (Act 40 of 1984). Regulates the professional and technical surveyors’ profession.

• The Sectional Titles Act, 1986 (Act 95 of 1986). Regulates sectional titles schemes;


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LEGISLATION IMPLEMENTED BY DLA LAND PLANNING AND INFORMATION

• The Development Facilitation Act, 1995 (Act 67 of 1995) Provides for extraordinary measures to facilitate and speed up the

implementation of reconstruction and development programmes and projects in relation to land;

• The Land Survey Act, 1997 (Act 8 of 1997). Regulates the surveying of land in the republic;

• The Planning Profession Act, 2002 (Act 36 of 2002). Provides for the establishment of the South African council for planners

and which regulates the planning profession; and

• The Spatial Data Infrastructure Act 54 of 2003. Provides a technical, institutional and policy framework for the capture,

maintenance, distribution and use of publicly held spatial information.


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BRANCH: LAND AND TENURE REFORM

• Responsible for implementing redistribution, tenure reform and State land administration and disposal

• Chief Directorate: Land Reform Implementation and Management Coordination CD:LRIMC)

Manages the implementation of land reform at provincial level through 9 Provincial Land Reform Offices (PLORs) and District Level Delivery (DLD) offices

• Chief Directorate: Land Reform Systems and Support Services Develops and refines legislation, systems and procedures to enable PLROs to

deliver land at scale and on target.


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COMISSION ON RESTITUTION OF LAND RIGHTS

• Provides redress to victims of dispossession of rights in land as result of racially discriminatory laws and practices that took place on or before 19 June 1913

• Presents Annual Report to Parliament every year in June

• Director General of the DLA is the Accounting Officer for the Commission

• The Commission is headed by the Chief Land Claims Commissioner and has nine (9) Regional Offices headed by seven (7) Regional Land Claims Commissioners.


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BRANCH: LAND PLANNING AND INFORMATION

• Responsible for the survey, mapping and registration of land, as well as for spatial planning and information.

• The Surveys & Mapping component is responsible for the national mapping series of the country, as well as providing the survey control networks which enables all surveys in the country to be spatially coordinated.

• The private land surveyors base their survey of land and real rights on this control network, and the Surveyors-General examine and approve surveys, which are then registered by the Registrars of Deeds.

• Deeds Registries ensure the security of title by giving documentary evidence to all registered rights and interests in land including those resulting from the land reform programme.

• The Spatial Planning & Information component is charged with the important mandate of redressing the imbalance inherited from the apartheid settlement patterns, as well as determining spatial data standards.


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BRANCH: CORPORATE SERVICES

• Provides corporate services to the Department through 4 Chief Directorates, namely: Financial Management, Human Capital and Organisational Development, Business Information Management as well as Communication Services.

• Has played a key role in the implementation of financial and human resource management reforms as well as in improving corporate governance in the Department.

• Through a robust transformation programme the Branch has assisted the Department in making major strides in improving racial representation in its personnel structures, raising HIV/Aids awareness, facilitating decentralisation of services as well as ensuring that the Department embraces and addresses the needs of the disabled.


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OFFICE OF THE DIRECTOR GENERAL

• The Office of the Director General was restructured as from the 2001/02 financial year to address the need to have components that perform functions of strategic importance to report directly to the Director General and to assist him or her in carrying out his or her duties.

• The Office is made up of the following components: Directorate: Executive Services, Directorate: Monitoring and Evaluation, Directorate: Internal Audit, Sub-Directorate: Gender as well as the Sub-Directorate: Secretariat Support Services.


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GEOGRAPHIC SPREAD OF DLA AND COMMISSION OFFICES

• 9 Provincial Land Reform Offices (PLROs) in the 9 provinces of South Africa

• District Level Delivery offices (DLDs) in 7 of the provinces

• 7 Regional Land Claims Commissioners Offices

• 4 Shared Service Centres in KZN, Eastern Cape, Free State and Western Cape

• 9 Deeds Registry offices in the country (10th one approved by Minster)

• 4 Surveyor General offices in the country


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PROJECT MUTINGATI

• 1 SSC planned for 2004/2005 in Mpumalanga

• Plans for the Nelspruit (Mpumalanga) Surveyor General and Deeds Registries offices underway

• SPI offices to be established in 3 provinces

• More DLDs planned for 2004/2005


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0

200

400

600

800

W.Female 890 854 799 782 779 700 674 656 583

W.Male 650 554 504 620 754 412 395 390 315

B.Female 175 298 382 480 649 742 789 815 919

B.Male 339 495 554 478 444 818 843 873 965

Disabled 0 0 0 1 43 52 48 45 45

1995 1996 1997 1998 1999 2000 2001 2002 2003

REPRESENTIVITY: ALL STAFFREPRESENTIVITY: ALL STAFF


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REPRESENTIVITY:REPRESENTIVITY: MIDDLEMIDDLE MANAGEMENTMANAGEMENT

020406080100120140160180200

W.Female 10 22 28 41 56 124 136 129 111

W.Male 156 141 154 138 126 188 173 171 144

B.Female 0 1 12 17 24 72 84 97 157

B.Male 0 13 30 45 58 148 151 163 241

Disabled 0 0 0 0 0 10 10 14 13

1995 1996 1997 1998 1999 2000 2001 2002 2003


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REPRESENTIVITY:REPRESENTIVITY: SENIOR MANAGEMENTSENIOR MANAGEMENT

0

10

20

30

40

50

W.Female 1 4 4 5 6 1 2 4 5

W.Male 40 39 34 38 35 28 31 23 18

B.Female 0 2 3 2 6 7 13 12 20

B.Male 0 8 8 12 16 11 28 27 33

Disabled 0 0 0 0 0 3 3 2 2

1995 1996 1997 1998 1999 2000 2001 2002 2003


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KEY CHALLENGES

• Communal Land Rights Act (CLRA): Implementation, Resources required Demarcation of boundaries Political intervention

• More resources for redistribution programme

• Development support for restitution and land reform projects


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THANK YOU

Documents

DEPARTMENT OF LAND AFFAIRS ACCELERATING LAND DELIVERY FOR SUSTAINABLE DEVELOPMENT