Access to land with secure tenure rights limited to some privileged people - Mzwanele Nyhontso
Mzwanele Nyhontso |
18 July 2024
Land affairs minister says current ownership patterns fly against spirit and letter of Section 25 (5,6,7) of constitution
BUDGET VOTE SPEECH MR M NYHONTSO (MP)
MINISTER OF LAND REFORM AND RURAL DEVELOPMENT LAND REFORM AND RURAL DEVELOPMENT 2024-25
16 July 2024
Introduction
In moments like this, we need to briefly pause and reflect on the efforts of our government in implementing land reform programs in the last six administrations. These efforts were aimed at reversing the legacy of 3.7 centuries of colonial and apartheid policies of land dispossession, and denial of the majority indigenous citizens of this country access to land and security of tenure.
Besides these efforts, the country still remains an unequal society and access to land with secure tenure rights are limited to some privileged people. The current skewed land ownership patterns, inequitable access to land and tenure insecurity flies against spirit and letter of Section 25 (5,6,7) of the Constitution that enjoins the state to ensure equitable access to land, security of tenure and restitution or equitable redress.
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Land is one the key economic factors of production, and in order to unlock the economic potential of our country, and to eradicate the evils of triple challenge of poverty, unemployment and inequality, land reform has to be prioritised and be accelerated.
The three legs of land reform, namely, land redistribution, land redistribution and land tenure still remain relevant for advancing redress in the land reform realm. Our failure to deal with these areas an unforgivable error to the future of this country.
This budget vote also embraces the significant work that we intent to execute in land administration, a vital cog to ensure effective land reform. Land administration will cover national geomatics, spatial planning and land use and registry of deeds.
Land Redistribution and Tenure Reform
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We had committed in the 2023/24 financial year to acquire and allocate land through land redistribution and land tenure programs. The department successfully acquired and allocated 67 376 hectares of land to various beneficiaries during this period, surpassing the target of 42 456 hectares that was set.
During this financial year – 2024/2025, the department has budgeted a total figure of R 466 million to acquire and allocate 46 767 hectares of land for redistribution through the proactive acquisition of strategic located land and also for security tenure purposes.
Community Property Associations as land holding entities for some communities and beneficiaries have over the years been plagued by multiplicity of challenges, including but not limited to – conflicts and infighting, failure to comply to founding legislation, inadequate governance, management and administrative knowledge and inadequate financial support for business initiatives.
In the past financial year, we trained 842 CPA executive with the aim of is financial year we aim to strengthen the governance and management capacities of CPAs to ensure compliance with the CPA Act.
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During this financial year, a further 755 CPA executives and members will receive training. In line with the Restitution of Land Rights Act, 1994 we will continue to support CPAs with post settlement support to address sustainability of their operations.
In order to address the plight of rural communities through the Transformation of Certain Rural Areas Act (TRANCRAA), the department has transferred 473 938 hectares of land in title to in the main, coloured communities who were deprived landownership by the past oppressive regimes, and this will work will even be accelerated in the current year.
The work begun in the sixth administration by the Inter-Ministerial Committee on Land Reform and Agriculture (IMC) led by the Deputy President, to convert the leasehold leases of the qualifying lessees occupying state land into freehold titles will continue in the seventh administration.
This work has commenced, and we project to realise significant progress on state land transfers in the current financial year. The department will continue consultations with the lessees to ensure that this work continues unhindered.
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This decision to transfer state is very significant as it will directly have a positive impact in the redefining of landownership patterns in the country and will further improve available funding options for the farmers.
The Constitution of the Republic of South Africa in Section 25 (5) posits that the state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
While the state has been using its available resources to address land redistribution, this was not supported by a legislative measure. To this effect, there is focussed attention on crafting and consulting on the Land Redistribution Bill during this period.
In responding to the outcomes of the Communal Land Tenure and Administration Summit, a Communal Tenure Bill will be processed to Cabinet for approval in order begin with the public consultations in the current financial year.
These two Bills will also simultaneously have supporting policies consulted. On labour tenants matters, the department is working with the Special Master on Labour Tenants court who is appointed by the court to monitor, supervise, and oversee the work to the department towards the resolution of the outstanding labour tenants claims. Over the past financial year, I have noted that this work has been executed at a slow pace and I will engage the Office of the Special Master and the Land Court with the aim of expediting the labour tenants claims.
The department through Legal Aid South Africa will also continue to provide resources to ensure that land reform beneficiaries as protected by the Extension of Security of Tenure Act (ESTA), Labour Tenants, CPA and other beneficiaries have access to legal services.
The eviction of farmworkers has become an urgent issue as we cannot afford to as a country – continue to have a narrative that describes farmworkers as forgotten citizens. In this contentious space, the department directly provide mediation and other related support to land reform beneficiaries in order to ameliorate the plight of the beneficiaries.
Land Restitution
Since 1998, the Restitution Programme has settled a total 83 205 land claims including land restoration and financial compensation. These are made up of 2.3 million individual beneficiaries who are members of 465 005 households. Of those,
179 478 are female-headed households and 1 270 are households headed by persons living with a disability. In the past five years, the Commission has achieved all its Annual Performance Plan (APP) targets, settling 1 738 against the target of 1597 claims and finalised 2 583 claims against a target of 2026 claims.
For land restoration, 3 million hectares of land was restored to beneficiaries at a cost of R26.4 billion. An additional R26 billion was used for financial compensation
claims, i.e., claims involving financial compensation. R5.3 billion for development grants was allocated to beneficiaries of land restitution, utilising section 42C of the Restitution Act.
The total of outstanding old order land claims is currently 5759 as of 30th April 2024. For the 2024/25 financial year, the Commission will settle 319 claims and finalise 339 claims, these within a budget the allocated budget of R3.5 billion.
National Geomatic Management Services
Land Surveying and Mapping are crucial services which underpin orderly development and management of natural resources, providing the foundation for sustainable decision-making in terms of spatial planning, infrastructure development, and other location-based operations. In this financial year, the department will continue to provide and improve on availability of the national control survey system, which provides the spatial reference framework that underpins all geospatial information in South Africa.
In our quest to provide high-resolution aerial imagery of our country, which dates as far back as 1926, we will this financial year, focus on the provinces of Mpumalanga, Limpopo and Gauteng. The Department will continue with the update of maps of the national map series, which are the most extensive nation-wide, detailed record of features on the ground.
The department is at the forefront of transforming and building capacity of the geomatics as well as the planning professions by continuing with the special bursary programme for studies in geomatics and planning. This capacity is crucial for implementation of spatial transformation strategies. In this regard, the Department remains the largest provider of Work Integrated Learning to students pursuing national diploma qualifications.
South Africa remains committed to achieving the objectives of the African Union Border Programme in respect of international boundaries. As such, the department is currently working on the reaffirmation of the international boundaries with Botswana and Zimbabwe. This will lead to improved security and reduced tension along border areas.
Spatial Planning and Land Use Management
Spatial Transformation is an integral part of spatial planning and sustainable development in our country which is underpinned by spatial Equity and redress. I am pleased to provide an overview of the specific projects and initiatives we have planned for the 2024/25 financial year.
The department, working closely with the Department of Planning, Monitoring and Evaluation (DPME), is implementing the National Spatial Development Framework (NSDF) which was approved in the 6th Administration.
The department is also vigorously supporting a comprehensive and integrated approach to spatial planning and development at a regional level through the development of various Regional Spatial Development Frameworks, including Eastern Seaboard, Greater Cape Town Regional Plan, and the Musina Makhado Regional Spatial Development Frameworks.
The department continues to administer the Spatial Planning and Land Use Management Act (SPLUMA) to ensure a cohesive and effective approach to spatial development in South Africa. The SPLUMA is one of the key pieces of legislation at the centre of driving transformation at all levels and the department will finalise the consultation on amendments to the act to ensure that the SPLUMA remains a key instrument supported by a comprehensive set of regulations which are being finalised as we speak. We will also be finalising the work towards the amendment of the Planning Profession Act to enable the planning profession to be at the centre of driving change through effective planning.
Chairperson, we are collaborating with the Department of Traditional Affairs and the National House of Traditional and Khoi-San Leaders (NHTKL) to support ten Traditional Areas with detailed Land Planning, using the latest technology, This project remains being a beacon of hope in bridging the divide between our formally established areas and those areas that require most of our attention.
This process has also brought us closer to addressing the concerns raised by the institution with SPLUMA. Examples of the areas benefitting from this initiative include Bolata in the Maluti-a-Phofung Local Municipality in the Free State, Amandebele Ndzundza Sokhulumi in Kungwini Local Municipality in Gauteng, Molefe in Nquthu Local Municipality in KwaZulu-Natal, and Rambuda in the Thulamela Local Municipality in Limpopo.
We will also continue to drive the work of the department through the use of drone technology which has improve both quality, accuracy and efficiency in the field of spatial planning. Our commitment as a department remains steadfast to improving the quality of life for our people through spatial planning, land use management, and geospatial technologies that drives Spatial transformation and promotes Spatial justice.
I thank you.
Issued by the Ministry of Land Reform and Rural Development, 16 July 2024