ATC090901: Report Annual Report for 2008/2009 of the Commission on Restitution of Land Rights

NCOP Land Reform, Environment, Mineral Resources and Energy

Report of the Select Committee on Land and Environmental Affairs on the Annual Report for 2008/2009 of the Commission on Restitution of Land Rights, dated 1 September 2009:


The Select Committee on Land and Environmental Affairs, having considered the Annual Report and Financial Statements for 2008/2009 of the Commission on Restitution of Land Rights, reports as follows:


1.                   Introduction


On 11 August 2009, the Select Committee met with the Land Claims Commission to discuss its Annual Report and Financial Statements for 2008/2009.The Commission presented to the Select Committee on the following:


·         Purpose of Restitution – Strategic Objectives

·         Complex Claims

·         Business Process - Strategic Partnerships

·         Business Process – Support for Struggling Projects

·         Finalisation of outstanding claims

·         Challenges and Strategies

·         Budget breakdowns for the following years:

o        2010 / 11

o        2011 / 12

o        2012 / 13


2.                   Deliberations by the Committee


2.1. The Committee engaged the Commission on the high vacancy rate in the Eastern

       Cape, Mpumalanga and KZN provinces, and what remedies were being

       implemented. The Committee requested the Commission to forward its staff

       retention strategy.


2.2. The Commission was queried about parcels of land that were not yet identified by

       the Department of Public Works as state assets, and how this affected restitution  



2.3. The Committee asked why statistics showed that the bulk of the remaining claims

       were rural, which raised the question about the settlement of urban claims?


2.4. In answering the Committee’s question, the Commission indicated that feasibility

       studies were conducted on all donated land received for the purpose of restitution.


2.5. It was agreed that the Community Property Associations (CPA) should be      

       reviewed and that legislation would be required to effect these changes. The

       Commission raised the issue of Community Property Associations and its

       implementation in communally owned land, as the traditional tribal authorities were

       not adequately included in the restitution process. 


2.6. A question as to what assistance was given to claimants, who are acquiring mineral  

       rights to land that they received under the Land Restitution Act was discussed.  


2.7. The Committee discussed support given to land claimants for food security and

       which departments were responsible for this particular function.    


3.                   Challenges identified


3.1. The Committee and the Commission engaged each other on the issue of land

       restitution vs. financial compensation. There was a concern that some

       commissioners coerced claimants into accepting financial compensation rather

       than pursue land claims.


       As stated in the Restitution Act, the Commissioners made both options available to

       claimants, for their independent decision on which course of action to pursue. The

       Commission stated that some claimants, especially old people, prefer to take

       financial compensation instead of being uprooted a second time.


3.2. The Committee inquired about the delay in finalising the proposed amendments to

       the Expropriation Act.


       The Commission stated that the process was not finalised due to lack of public

       consultation, and that the Bill is the responsibility of the Department of Public



3.3. The Committee expressed concern on the slow pace of settlements of claims.


       The Commission responded by outlining the challenges experienced with complex

       claims and difficultly in retaining staff.


3.4 The Committee was not pleased with the statement made by the Commission in  

      their presentation document, stating that a savings was made due to good

      planning. The Committee was of the opinion that the money should have been

      utilised, in light of the fact that there are still many claims outstanding.


4.                   Resolution


4.1               The Committee resolved that:


·   the Commission should forward to the committee a report with the breakdown of the 200 struggling projects, per province and the amount of money allocated to the projects within 14 days.


·   the Commission should forward a report on it’s Human Resource Retention

   Strategy to the Committee.



Report to be considered.







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