Communal Land Rights Bill: deliberations

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Meeting report

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26 November 2003

Communal Land Rights Bill (With DLA Proposed Amendments: 25.11.03)

The portfolio committee held deliberations on the issues of the Land Rights Board and the representivity of women in the Communal Land Rights Bill.

The chairperson welcomed all the members and the public and explained that the committee would be deliberating over issues on the Communal Land Rights Bill.

Land Rights Board
The chairperson stated that the committee had received legal opinion the previous day on the role of government.

Dr Broker stated that by using the model of the Ingonyama Trust Board, the departments own infrastructure was made available. The staff requirement for the board was limited to one secretary who controlled the administration, so that the costs were kept to a minimum.

Deputy Minister, Dirk du Toit said that land administrative costs were very little compared to the value which it added to the land.

Mr D. Maluleke (DA) asked whether the salaries of the land rights board would be based on the number of meetings they held or on a monthly basis.

Dr Broker replied that the boards' income would be salary based.

Mr S. Farrow (DA) sought clarity on the relationship between the department and the land rights board.

Dr A. Schoeman (ANC) enquired as to the number of land rights boards which would be present. He inquired as to the financial implications of the Bill. He asked for assurances from the department that these financial implications did not get out of hand.

Dr Broker explained that since Dr Sibanda had driven this process from the beginning, he was not able to answer questions on behalf of Dr Sibanda. He stated an estimated figure of R8,7 million for setting up the land rights board, and a further R400 000 for the training of the staff.

The chairperson stated that the committee should amend the clause referring to "remuneration". He added that the provision for secretariats should be provided by the department and not the board. The chairperson suggested that the board should not be remunerated.

The deputy minister responded saying that it was necessary to distinguish between temporary and full time employment of the board.

The chairperson asked why it was necessary to appoint full time positions to the board.

Dr Broker replied that the Minister would appoint the board itself on a full time basis.

The chairperson asked whether there would be more than one board per province.

Mr Radebe (ANC) suggested that a single board be appointed per province.

The chairperson commented that the board of trustees handled the Ingonyama Trust.

Ms Ntuli stated that the committee needed to establish the number of the land rights boards. She suggested that there should be a second staff with sufficient support staff.

Mr Farrow argued that the committee could not be sure of whether the Ingonyama Trust was doing its duties efficiently.

Dr Broker responded that the department was of the view that there would be six boards across the country. He added that there would be six members of support staff hired to conduct fieldwork at a cost of R 2, 1 million per province. He stated that the department had found that the Ingonyama Trust was currently performing its functions very efficiently.

Mr Farrow asked the department to give them an indication of what the Ingonyama Trust was managing.

The chairperson suggested that there not be more than one board per province. He asked the committee if they agreed with that.

The committee agreed.

Ms L. Ngwenya (ANC) sought clarity on whether the board would perform those duties themselves.

Mr Radebe stated that the principle act of the board was to ensure compliance with the constitution and uniformity.

The chairperson reiterated that the board would execute responsibility.

Ms Ngwenya voiced her concern that there were instances where there were six districts per community.

Dr Broker responded that there was the consensus that there was one board per province. He elucidated that they would not tie the department's structure to the local government structures. However if it would be possible to use local government structures, then the department would utilize it.

Mr Farrow asked what the origins were for the spatial planning and rural development planning.

Ms L. Ngwenya (ANC) expressed her concern on the one-third representativity of women on the land rights board in the bill. She stated that the public was extremely disgruntled with the lack of representivity of women on the board.

The chairperson stated that due to time constraints, the committee would reconvene in the third week of January 2004 on this matter.

This document was generated on: 2003-12-04

Disclaimer: Every attempt is made to ensure that this information is accurate, but this report is not an official record of the meeting and therefore should not be regarded as a complete and correct record of the proceedings.


Mr N H Masithela

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