Land Rights Management Facility – the state of affairs

Presentation to the Portfolio Committee on Rural Development and Land Reform

29 October 2014

• Five Year (2009/10 – 2013/14)

– An overview, rationale and how the Land Rights Management Facility

(LRMF) functions;

– Types and status of mediation cases per province;

– Types and status of legal services cases per province; and

– The Expenditure trends.

2

Briefing Requested on:

• Established in 2007 and became fully functional mid 2008;

• To provide legal and mediation services to indigent farm occupiers;

• Due to lack of legal representation and inadequacy thereof; and

• Nkuzi judgement of 2001.

• In 2010 expanded the mandate to include other LR Programmes(CPA and

Restitution).

3

Rationale, overview and Functioning

• Provision of Legal Representation and Mediation services to:

• Labour tenants in terms of the Land Reform (Labour Tenants) Act;

• Farm occupiers/workers in terms of the Extension of Security of

Tenure Act;

• Claimants in terms of the Restitution of Land Rights Act; and

• Assistance and support to Communal Property Associations in terms

of the Communal Property Association Act.

4

Overview

Overview

• Administration and Management by Cheadle Thompson and Haysom (CTH)

• Legal and Mediation Panels spread through out the country (Law firms and professional mediators)

• Strict selection to the panels.

5

• Tenure and Restitution matters:

– Individuals and communities report their matters to District

and Provincial offices;

– Assessments and approvals for either Legal or Mediation

service done at District and Provincial offices;

– In case of Restitution by the CLCC;

6

Functioning

- Thereafter referred to CTH;- CTH appoints a panellists based on the Criteria (complexity,

vicinity, language etc;- Together with the Referring office conducts monitoring on

the developments of the matter;- CTH provides Bi-monthly and Quarterly report to the

Department;- CTH responsible for receiving , checking and settling invoices

from Panellists; and - CTH responsible for capacity building of panellists through

Training and Review Sessions.

7

Functioning Cont…

Mediation cases – 2009/10 – 13/14

• 139 mediation matters so far;• 106 have been closed;• 42 were successful;• 64 unsuccessful; and• 24 pending.

8

Mediation provincial breakdown – pending 24

9

10

Legal Services cases – 2009/10-13/14

199

450

375

261276

168

134

2008 2009 2010 2011 2012 2013 Jan to Sept2014

Legal Service cases 2009/10 -13/14

11

Legal services cases –per year per province

0

20

40

60

80

100

120

140

08 09 10 11 12 13 14

12

Legal Services -categories

1007

90

15499

138

251

123

Eviction Burial Rights Illegal Eviction Labour tenancyclaim

LivestockDispute

ThreatenedEviction

Other

13

Legal services outcomes – Success rate per category

86%

82%

85%

81%

84%

93%

Burial Rights Eviction Illegal Eviction Livestock Dispute Other ThreatenedEviction

14

Legal Services cases – Municipal Hotspots

No Municipality Name No of matters per municipality

Province

1Dihlabeng Local Municipality 130 Free State

2Newcastle Local Municipality 73 Kwazulu-Natal

3Breede Valley Local Municipality 62 Western Cape

4Emadlangeni Local Municipality 51 Kwazulu-Natal

5Phumelela Local Municipality 51 Free State

6uMngeni Local Municipality 43 Kwazulu-Natal

7George Local Municipality 39 Western Cape

8Mogale City Local Municipality 38 Gauteng

9Lekwa Local Municipality 38 Mpumalanga

10Cederberg Local Municipality 35 Western Cape

15

Present Distribution Per Programmes(Tenure, Rest and CPI)

1024

16

Legal Services – Tenure -734

17

Restitution matters - 168

18

CPI - 87

19

Courts – Legal Services - Tenure

20

Courts – Restitution matters

21

Financial Monthly Breakdown – Dec 2012 – to date

22

Expenditure per category since Dec 2012

23

Contingent Liability

Contingent Liability Assessment : 30 September 2014

Tenure security legal matters 38,053,602

Tenure security mediation matters 1,504,936

CPI matters 4,536,105

Restitution matters 32,423,264

Total 76,517,906

24

THANK YOU !

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