Strategic Plan of the Commission on Restitution of Land Rights 2021-2024

2021–2024 STRATEGIC PLAN STRATEGIC PLAN Commission on Restitution of Land Rights 1 April 2021–31 March 2024 Images courtesy of Brand South Africa and Commission on Restitution of Land Rights Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 i Table of contents Minister’s Statement 1 Overview of the Chief Land Claims Commissioner 3 Official Sign-Off 5 ANNEXURE A: District Development Model 39 A PART A: OUR MANDATE 66 1. Constitutional mandate 7 2. Legislative and policy mandates 7 3. Policy mandates 7 4. Relevant court rulings 8 B PART B: OUR STRATEGIC FOCUS 1010 5. Vision 11 6. Mission 11 7. Values 11 8. Situational analysis 11 C PART C: MEASURING OUR PERFORMANCE 2424 9. Institutional performance information 25 10. Impact statement 25 11. Measuring our outcomes 25 12. Explanation of enablers to achieve five-year targets 26 13. Cost drivers 28 14. Key risks and mitigations 32 15. Public entities 32 D PART D: TECHNICAL INDICATOR DESCRIPTIONS 3434 16. Outcome 1 35 17. Outcome 2 36 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 ii Acronyms and abbreviations APP Annual Performance Plan BAS Basic Accounting System CD: LRS Chief Director: Land Restitution Support CD: RMS Chief Director: Restitution Management Support CD: SDC Chief Director: Service Delivery Coordination CLCC Chief Land Claims Commissioner CoE Compensation of Employees CPA Communal Property Association CRLR Commission on Restitution of Land Rights DALRRD Department of Agriculture, Land Reform and Rural Development DLCC Deputy Land Claims Commissioner DPME Department of Planning, Monitoring and Evaluation DPSA Department of Public Servic and Administration GCIS Government Communication and Information System IMC Inter-Ministerial Committee on Land Reform IT Information Technology JCC Joint Coordination Committee LAMOSA Land Access Movement of South Africa LAMOSA 1 Constitutional Court Judgment dated 27 July 2016 LAMOSA 2 Constitutional Court Judgment dated 29 March 2019 LCC Land Claims Court MTEF Medium-Term Expenditure Framework MTSF Medium-Term Strategic Framework NDP National Development Plan OVG Office of the Valuer-General PFMA Public Finance Management Act RLCC Regional Land Claims Commissioner SLA Service-level Agreement SOPs Standard Operating Procedures SWOT Strengths, Weaknesses, Opportunities and Threats Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 Merely a year ago, no-one could have imagined that the COVID-19 pandemic would create the scale of disruption across the whole world that we have seen to date. It is within this setting of disruption, loss and a new world of work that this strategic plan emerges. The drafting of this strategic plan was preceded by a period of national debate on the issue of land reform and the urgency expressed in both the High-level Panel chaired by former President Mr. Kgalema Motlanthe in 2017, as well as the Presidential Advisory Panel on Land Reform and Agriculture of 2019, to accelerate land redistribution, expand agricultural production and transform the industry. The Panel’s role in interacting with and advising the Inter-Ministerial Committee on Land Reform, chaired by the Deputy President, was critical. Both reports echo previous recommendations made by the Department of Planning, Monitoring and Evaluation (DPME) and the Agriculture and Land Reform Phakisa, namely, that the Commission on Restitution of Land Rights (CRLR) should focus on the settlement of land claims and specifically the acceleration and resolution of the old order claims as its core mandate. Within the Department of Agriculture, Land Reform and Rural Development (DALRRD), this mandate-focused approach has brought a renewed realisation that the CRLR needs to be capacitated to focus on the investigation and settlement of land claims, while the Department takes care of the broader aspects of sustainable land reform and agrarian transformation. This specialisation, which is in line with the Restitution of Land Rights Act, together with other interventions detailed in this strategy, are meant to create a commission of excellence that can significantly scale up the pace of settling land claims. Since settling of land claims is not enough without requisite upfront land use planning, and continuous farmer development support, relevant branches within the Department have been charged with the responsibility to coordinate and provide this support not only to restitution projects, but also to other land reform projects and beneficiaries. At a legislative and policy level, the following measures, which are aimed at supporting faster and more cost-effective land reform, are noteworthy: Minister’s Statement 1 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 Honourable Minister Thoko Didiza Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 Introduction and processing of the Expropriation Bill A new Expropriation Bill is being processed and will serve as the law of general application required in terms of section 25(3) of the Constitution. This law will enable government to utilise a suite of land acquisition methods – inclusive of expropriation without compensation. Strengthening the Office of the Valuer-General The benefits of an improved expropriation legislation would not be optimally realised without repositioning the Office of the Valuer-General (OVG) as a well-oiled machine to timeously conduct land valuations and facilitate expropriation as envisioned in section 25(3) of the Constitution. In this regard, the Department has begun to take measures to ensure that the OVG is properly capacitated to ensure that land acquisition for land reform is expedited. This includes improving and closing any gaps that exist in the regulations that inform the process of land valuation and the determination of compensation. These measures are of critical importance for the obvious fact that any blockages in the OVG impact negatively on the performance of land reform. Concluding remarks Despite the shadow of the COVID-19 pandemic on almost every sector of the economy and on people’s lives, we are known to be a resilient nation and will emerge stronger and better post-COVID-19. The theme of the 2021 State of the Nation address is: “Following up on our commitment: Making your future work better”. I have no doubt that the CRLR’s strategic plan will do exactly that. It is fitting that we pay homage to those South Africans who lost their lives due to the merciless COVID-19 pandemic that continues to ravage our country and the entire world. We are particularly indebted to the late Dr Vuyo Mahlati, who chaired the Presidential Advisory Panel on Land Reform in whose honour I wish to dedicate this strategic plan. Honourable Mrs. Thoko Didiza (MP) Minister of Agriculture, Land Reform and Rural Development 2 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 The Commission on Restitution of Land Rights is acutely aware of the urgency to expedite the processing and settlement of all outstanding land claims. The various weaknesses that have prevented the programme from operating optimally have been identified in various independent performance evaluations. Such performance reviews include the assessments of the South African Human Rights Commission, the Department of Planning, Monitoring and Evaluation, National Treasury and the Agriculture and Land Reform Phakisa held in 2016. More recently, the High-level Panel, chaired by former President, Mr. Kgalema Motlanthe, and the Presidential Advisory Panel on Land Reform and Agriculture, under the auspices of the Inter-Ministerial Committee on Land Reform, provided various findings and made recommendations pertinent to the work of the CRLR. These reviews have assisted in identifying policy and institutional weaknesses, as well as desirable improvements that accord with the legislative framework. This plan elaborates on the strategic interventions that are intended to address the weaknesses summarised below. The primary intervention seeks to equip the CRLR to expedite the investigation and settlement of all outstanding claims. The achievement of this goal will also assist the CRLR to expeditiously address the requirements of the second Land Access Movement of South Africa judgment of March 2019 (LAMOSA 2). The following enabling factors are key to the success of this intervention: The CRLR focuses on investigating and settling land claims. The OVG is properly positioned to procure and moderate land valuations so that turnaround times are drastically improved. Commensurate budgetary allocations are aligned to scale up settlement targets. To ensure that settlement support is not compromised, the CRLR will enter into service-level agreements with the Department of Agriculture, Land Reform and Rural Development in relation to settlement support, the establishment and registration of communal property institutions, and post-land transfer support. Secondly, to improve operating systems and processes, the CRLR is instituting a business process improvement plan, together with corresponding policies and standard operating procedures. Furthermore, to improve corporate governance and meet the Auditor General’s requirements, which are based on the Restitution Act, a third intervention is also planned, which seeks to ultimately transform the CRLR into an autonomous entity. Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 3 Chief Land Claims Commissioner Nomfundo Ntloko-Gobodo Overview of the Chief Land Claims Commissioner Finally, the CRLR is also engaging stakeholders of various economic sectors and government departments to develop improved sector-based settlement models, as well as to develop an automated end-to end information management system that is linked to an improved business process. Overall focus during the previous planning period and the key accomplishments During the preceding period, the CRLR was able to achieve its targets to settle and finalise all land claims, and expended all the allocated budget. During this period, strategic objectives were rationalised and reduced from four to three. As a result, the objective relating to phased claims was dropped, leaving the three objectives of research, settled claims and finalised claims. The LAMOSA 2 judgment also provided a sharper focus on the need to settle all outstanding claims. To the extent allowed by budgetary allocation, this sense of urgency is reflected in the settlement projections contained in this plan. The institution’s strategic focus for the planning period ahead The contribution of the CRLR to the National Development Framework and the Medium term Strategic Framework will relate particularly to sustainable land reform and agrarian transformation, which is set out in more detail in the strategic plan of the DALRRD. The CRLR sees itself playing a key role towards radical rural economy transformation. The primary focus of the CRLR is land restitution, which forms one of the elements of the land reform programme. This will contribute to ensuring the sustainable and rapid transfer of land to beneficiaries, without distorting land markets or business confidence. In responding to the concerns raised on the slow pace of claims settlement, the CRLR has established Project Kuyasa to develop process- and system-related solutions to fast-track the settlement of outstanding restitution claims lodged before 31 December 1998. Project Kuyasa has five key outcomes, being to: Develop an operating model that will assist the CRLR to be better poised to deal with its current and future challenges of backlog resolution. Redesign the claims process to facilitate the fast-tracking of backlog claims. Propose key capabilities that are required to support the redesigned process. Propose governance structures that will guide the CRLR’s internal operations and its interaction with other institutions that impact on its operations. Develop high-level implementation plans to guide the CRLR in implementing the proposals. As of the formulation of this plan, the CRLR had 8 447 outstanding (old order) claims, which constitute the baseline. The CRLR is targeting the settlement of all outstanding old order claims targeted for the duration of the implementation of this plan, provided that the COVID-19 pandemic situation and the restitution programme’s budgetary allocations are conducive. The CRLR is indebted to the Minister for the guidance and counsel provided during consultations leading up to the finalisation of this strategic plan. We are assured of the Minister’s continued support and guidance during the implementation of this plan. As we continue to go about our responsibility, we cannot forget to remember and honour those who have departed as a result of COVID-19 and those who have been affected by this pandemic. May their souls rest in eternal peace and may those who are infected and affected continue to get the necessary support. Nomfundo Ntloko-Gobodo Chief Land Claims Commissioner Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 4 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 5 Official Sign-Off It is hereby certified that this strategic plan: was developed by the management of the CRLR under the guidance of Honourable Minister AT Didiza; considers all the relevant policies, legislation and other mandates for which the CRLR is responsible; and accurately reflects the impact and outcomes that the CRLR will endeavour to achieve over the period of 2021–2024. Ms. NS Ntloko-Gobodo Chief Land Claims Commissioner Ms. R Sadiki Chief Financial Officer Mr. M Kgobokoe Acting Deputy Director-General: Strategic Management Mr. RM Ramasodi Accounting Officer Approved by Honourable Mrs. AT Didiza (MP) Minister of Agriculture, Land Reform and Rural Development 6 OUR MANDATE PART A Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 7 1. Constitutional mandate Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) The mandate for the South African land restitution programme is derived from section 25(7) of the permanent Constitution (Act No. 108 of 1996), which states that a “person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress”. 2. Legislative and policy mandates The Commission’s mandate The Commission on Restitution of Land Rights (CRLR) is established by section 4 of the Restitution of Land Rights Act (Act No. 22 of 1994) as a statutory body to execute the mandate and vision outlined in section 121 of the interim constitution of 1993, which was later inscribed in section 25(7) of the permanent constitution. Section 22 of the Restitution Act establishes the Land Claims Court (LCC), which has the responsibility to adjudicate on land claims that involve disputes that can neither be mediated nor recommended for settlement by the CRLR through the administrative process. The long title of the Restitution Act is: “To provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith”. The Restitution of Land Rights Act of 1994, and specifically section 6, sets out the functions of the Commission, which, in essence, frame the mandate of the Commission. These key functions are outlined below, as being to: Receive. Acknowledge receipt of all claims for the restitution of rights in land. Assist. Take reasonable steps to ensure that the claimants are assisted in the preparation and submission of claims. Advise. Provide claimants with information regarding the progress of their claims on a regular basis and upon request. PART A: OUR MANDATE Investigate. Undertake the necessary investigations to understand the merits of the claim. Communicate. Take appropriate steps to ensure that the public is aware as to who is entitled to claim restitution, the limitations and requirements of the Act, and the manner in which claims are to be lodged with the Commission. Prioritise. Prioritise claims that affect a substantial number of persons or persons who have suffered substantial losses as a result of dispossession or persons with particularly pressing claims. In terms of the Restitution Act, restitution can take various forms, including the restoration of rights in land, the provision of alternative state-owned land, the payment of financial compensation or the combination of these forms. 3. Policy mandates National Development Framework: Vision for 2030 The National Development Plan (NDP) is a long-term action plan that aims to eliminate poverty, and reduce inequality and unemployment by 2030. Land restitution forms part of land reform, which the NDP requires to be underpinned by the following key principles: Enabling land transfer without distorting the market Ensuring sustainable production on transferred land Monitoring land markets, relating land transfer targets with fiscal and economic realities Creating opportunities for mentorship, supply chain integration, procurement and skills transfer The vision of the NDP for rural areas is to ensure that rural areas are spatially, socially and economically well integrated – across municipal, district, provincial and regional boundaries – where residents have economic growth, food security and jobs as a result of agrarian transformation and infrastructure development programmes, and have improved access to basic services, health care and quality education. By 2030, agriculture is envisioned to create close to one million new jobs, contributing significantly to reducing overall unemployment. The outcomes captured in the abovementioned vision cut across mandates of various government sectors and spheres, hence the need for a coordinated and integrated approach to the planning and provision of services to rural communities. Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 8 The contribution of the CRLR to the NDP and the Medium-Term Strategic Framework (MTSF) will relate particularly to “sustainable land reform and agrarian transformation”, which is set out in more detail in the strategic plan of the Department of Land Reform and Rural Development (DALRRD). The CRLR plays a key role in radical rural economy transformation. The primary focus of the CRLR is land restitution, which will contribute to ensuring the sustainable and rapid transfer of land to beneficiaries. Medium-Term Strategic Framework The CRLR’s 2021–2024 strategic plan is guided by and aligned with the 2019–2024 MTSF, which reflects government’s priorities during the medium term towards the realisation of the NDP’s goals; more especially, those priorities and outcomes relating to rural development and land reform, as contained in the DALRRD’s strategic plan. It also takes into consideration policy priorities that are in line with the rural development and land reform trajectory, as articulated in the MTSF, specifically Priority 4 (Spatial Integration, Human Settlements and Local Government). An outcome of Priority 4 is to “promote rapid land and agrarian reform, contributing to reduced asset inequality, equitable distribution of land and food security”. The associated sub-outcome aims to ensure that sustainable land reform contributes to agrarian transformation. The CRLR also aligns with MTSF Priority 6, which envisions “a capable, ethical and developmental state”. Medium-Term Budget Policy Statement The Medium-Term Budget Policy Statement 2020 highlighted the prioritisation of “finalising outstanding restitution claims”. This sense of urgency resonates with a major theme of this plan, which is to develop a CRLR of excellence that can timeously expedite the pace of processing and settling all outstanding old order land claims. Since settling land claims is not enough without requisite prior land use planning and continuous farmer development support, the CRLR will work with other entities within and outside the Department that have a responsibility to coordinate and provide pre- and post settlement development support. The DALRRD’s mandate Although the CRLR is, by law, established as an entity, it currently operates as a component of Programme 3 of the Department of Agriculture, Land Reform and Rural Development. The Director-General of DALRRD is the Commission’s accounting officer with the Minister serving as the executive authority. As such, the CRLR aligns its strategic plan with that of the DALRRD, not only because of the current legislative and institutional arrangements, but, even more critically, due to the support functions that are indispensable to the restitution programme, which are located within DALRRD. The DALRRD derives its mandate from, among others, section 25, which incorporates provisions relating to the three elements of land reform: restitution, land redistribution and land tenure reform. The mission of DALRRD, as outlined in the 2020–2025 strategic plan, is “to accelerate land reform, catalyse rural development and improve agricultural production to stimulate economic development and food security”. The impact statement to which restitution contributes is: “An effective land and agrarian reform programme that ensures food security, economic growth and spatial transformation”. DALRRD has adopted seven outcomes that are aligned to the following four MTSF priorities: Economic transformation and job creation (Priority 1) Education, skills and health (Priority 2) Spatial integration, human settlements and local government (Priority 4) A capable, ethical and developmental state (Priority 6) One of the outcomes is “improved governance and service excellence”, which is adopted by the CRLR as one of its strategic output outcomes. The CRLR sees itself contributing and also benefiting, in terms of settlement support, from both the DALRRD’s impact statement of “An effective land and agrarian reform programme that ensures food security, economic growth and spatial transformation” and the strategic outcome of “Redress and equitable access to land and producer support”. The CRLR, through close alignment with DALRRD and other sector partners, sees itself contributing to the vision of a South Africa with an inclusive rural economy, where rural communities are vibrant, equitable and sustainable. 4. Relevant court rulings In 2014, the President signed the Restitution Amendment Act of 2014 (Act No. 15 of 2014) into law, allowing for the lodgement of new claims for a further period of five years. However, on 27 July 2016, the Constitutional Court declared the Restitution Amendment Act, 2014, unconstitutional on the grounds that Parliament failed to conduct proper consultation before the law was passed. 9 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 As a consequence, the court further interdicted the CRLR from neither processing any new order land claims nor receiving new claims until the old order claims had been finalised or a new amendment law had been passed by Parliament. Parliament was given 24 months from the date of the order to enact new legislation, while the newly lodged claims are held in abeyance. A second judgment was handed down on 29 March 2019 (in what is also referred to as LAMOSA 2) after the Speaker of the National Assembly and the Chairperson of the National Council of Provinces (Parliament) – the applicants – had sought an extension to the 24 months given by the Constitutional Court in the 2016 court order. This LAMOSA 2 judgment dismissed the application for an extension and further made provision for appropriate Land Claims Court judicial oversight or the CRLR. The Constitutional Court further prohibited the CRLR from processing any new order claims lodged between 1 July 2014 and 28 July 2016 until it has settled or referred to the LCC all claims lodged on or before 31 December 1998 (old order claims). Further, in line with the judicial oversight ordered, the Chief Land Claims Commissioner (CLCC) was instructed to file a report with the LCC at six-month intervals from the date of this order, setting out the following: The number of outstanding old order claims How the CRLR intends processing them, with an anticipated date of completion An indication of the nature of any constraints, whether budgetary or otherwise, the CRLR is facing in meeting its anticipated completion date The CRLR has, to date, submitted three reports to the LCC in compliance with the requirements of LAMOSA 2 with the latest report submitted on 19 November 2020. The extensive steps being taken by the CRLR in repositioning itself for improved performance and meeting the LAMOSA 2 court order, as contained in the successive reports submitted to the LCC Judge President, are dealt with under section 8.7 of this strategic plan. 10 OUR STRATEGIC FOCUS PART B Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 11 5. Vision A Commission of excellence that ensures that effective, efficient and speedy redress is provided to victims of racially based land dispossessions. 6. Mission We exist to provide equitable redress to victims of racially motivated land dispossession, in line with the provisions of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994), as amended. 7. Values The CRLR upholds these values: We value and encourage diversity and will not discriminate against anyone. We uphold the rights of individuals as enshrined in the Constitution of the Republic of South Africa. We strive to be transparent, accountable and responsive in all the services we offer to claimants and other stakeholders in order to ensure equitable redress. We strive towards maintaining efficient service standards through improved business processes and a focus on ethical and professional operational principles. We ensure that we have a dedicated, loyal, results-oriented, professional and people-focused workforce that is passionate, and is committed to serving the people of South Africa. PART B: OUR STRATEGIC FOCUS 8. Situational analysis 8.1 External environment analysis 8.1.1 Overview The racial segregation of South Africa led to massive socio-economic impacts that adversely affected most of the black population, leading to loss of security of tenure, assets, productivity and markets. The impacts of dispossession also included deprivation and alienation from cultural, sentimental, spiritual and symbolic connections to the land. The economic and psychological scars of racial segregation remain today, and the land restitution programme is a critical step towards redress. The first lodgement phase, which ended on 31 December 1998, included over 79 696 claims, of which 81 782 have been settled. In 2014, a second lodgement period was launched, which was meant to start from 1 July 2014 to 30 June 2019. However, this lodgement was stopped on 28 July 2016 after the Constitutional Court ruled the amendment legislation that declared lodgement unconstitutional and subsequently interdicted both the processing of the over 161 000 claims already lodged, as well as any further lodgement of claims. At the heart of the issues involved in the Constitutional Court judgments of both LAMOSA 1 and LAMOSA 2 is the concern that the opening of lodgement of new claims, while a substantial number of claims dating back to 1998 remains unsettled, appears to be prejudicial to those claimants whose claims have not yet been settled. This happened at a time when there was a growing perception that the pace of settling land claims is extremely slow. Significantly, a series of performance reviews conducted on the CRLR has also been concerned, among other things, with understanding the underlying causes of this perceived poor performance. The performance reviews include the findings of the Department of Planning, Monitoring and Evaluation (DPME) (2013) and the Agriculture and Land Reform Phakisa (2016), and more recently the High-level Panel chaired by former President, Mr. Kgalema Motlanthe, in 2017, as well as the Presidential Advisory Panel on Land Reform and Agriculture of 2019. Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 12 The key findings that cut across these evaluation reports include the following: Involvement of the CRLR in post-settlement matters distracts the organisation from focus on settling land claims and that land claims lodged on or before 31 December 1998 need to be resolved expeditiously, consistent with the order of the Constitutional Court in the LAMOSA judgment. Poor capacity in technical areas of conducting research, thus the need to rationalise capacity. Poor records management and a lack of an effective information management system. CRLR’s lack of independence from the DALRRD compromises operational efficiency, therefore the statutory independence of the Commission needs to be restored. Regional land claims commissioners appointed in terms of section 4(3). The CRLR has improperly created artificial communities by consolidating community land claims. The measures being taken by the Commission to address these shortcomings and implement corresponding recommendations are dealt with under section 8.7. below. The CRLR currently has a total of 8 447 old order – backlog claims still outstanding, a portion of which needs to be processed and recommended for settlement within the implementation period of this plan. It is critical that there is enough funding for the actual process of land restitution. Part of this includes ring fencing the Commission’s budget, which is currently included in the budget of DALRRD. Budgetary requirements will also need to be reviewed going forward as it is estimated that around R65 billion is needed to settle all outstanding pre-1998 claims – this excludes the Commission’s running costs. According to National Treasury, government has allocated between R2.5 billion and R3 billion per annum on the restitution programme over a 10-year period from 2009 to 2020 to settle close to 80 000 claims. In 2020, the CRLR’s Medium-Term Expenditure Framework (MTEF) allocation for 2020–2023 was R8.057 billion, of which R5.3 billion was allocated from 2020/21. In view of the over 8 000 claims remaining to be settled and finalised (excluding the new order claims), the MTEF allocations remain woefully inadequate. There is a need for increased budgetary allocations, especially considering that the remaining claims are mainly rural and more complex. 8.1.2 Policy environment There are several drivers of legislative and policy amendments pertaining to land restitution. In 2016, The judgment of the Constitutional Court in the LAMOSA case required the amendment of the Land Restitution Act of 1994. In addition, the High-Level Panel made a few recommendations on legislative amendments. Sectoral and stakeholder dialogues hosted by the Commission have identified the need for amendments in some of the settlement models that are currently being used in the Commission. The draft Expropriation Bill was published in 2018. It focused on speeding up the land reform process by enabling the state to pay for land according to a price determined by a government adjudicator, thereby allowing for expropriation for the public good. However, the Bill is still in draft form and will require clarity in terms of its implementation, for instance, clarity around the application processes. Finally, implementation of land restitution over the past 20 years has resulted in the identification of legislative conflicts and challenges both within the Land Restitution Act and in other relevant legislation. The CRLR initiated an overarching performance improvement project, dealt with in detail under section 8.7, which has multiple subprojects, aimed at improving institutional and operational systems, including the development and review of policies, legislative amendments and settlement models. Inter-Ministerial Committee on Land Reform In 2018, President Cyril Ramaphosa established the Inter-Ministerial Committee on Land Reform (IMC) and appointed Deputy President David Mabuza as its Chairperson. This committee provides political oversight on the implementation of Cabinet decisions on land reform and anti-poverty interventions. The decisions of the IMC impacted substantially on the operations of the CRLR, especially on a strategy to fast-track the settlement of outstanding claims lodged before December 1998, as well as the increased focus on the processing and transfer of state land to restitution beneficiaries. 8.1.3 Land Reform Panel Report President Cyril Ramaphosa appointed the expert Presidential Advisory Panel on Land Reform and Agriculture in September 2018 to provide independent advice to the IMC. Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 13 The panel’s mandate was to provide a unified policy perspective on land reform in respect of restitution, redistribution and tenure reform. The recommendations made by the panel are significant in that they reiterate and consolidate the recommendations made by successive other entities and panels before. Further, these are critical in that they complement the court rulings in the LAMOSA 2 judgment pertaining to fast-tracking the settlement of old order claims and thus inform much of what the CRLR does to reposition itself for improved performance – they are thus worth restating here. Transfer settled restitution claims to the Department The CRLR should be responsible for all restitution processes up to and including the settlement of claims, either via section 42D agreements or by court order. The implementation of settlement agreements, including land acquisition and transfer, the establishment of legal entities, settlement planning and post-transfer land use support will all be the responsibility of DALRRD. Claim prioritisation The CRLR must prioritise the settlement of old order claims that were submitted by the first deadline of 31 December 1998, as required by the Constitutional Court, and provide options for claimants to opt for land redistribution or tenure security options to avoid the onerous requirements of proving past dispossession. Strengthening the Land Claims Commission’s capacity This will be done by means of the following: Appointing regional land claims commissioners Convening a suitably skilled panel of researchers to review the database, and to screen and investigate claims Stopping the amalgamation of claims, and improving research and oversight Allowing claimants to opt in or opt out of agreements and distinguish landholding entities like communal property associations (CPAs) from business entities operating on CPA land. The development and implementation of measures aimed at repositioning the CRLR to meet these recommendations are outlined in the section dealing with the internal environment. 8.1.4 Recent developments Various public consultations were held in 2018 on how to accelerate land reform, including assessing the viable use of land expropriation without compensation. As a result, Parliament set up a Constitutional Review Committee to provide input into the proposed amendment to section 25 of the Constitution to clarify when expropriation without compensation would be applied. Further, a new draft Expropriation Bill was introduced and put forth for public comment. The most significant addition of the Expropriation Bill of 2019 is that it specifies the five types of land that may be expropriated for nil compensation: these being land occupied by a labour tenant, land held for speculative purposes, land owned by state-owned entities, abandoned land, and land with a lesser value than the state subsidies it received. Two important elements to note regarding the Bill are that “nil” does not necessarily mean no compensation, but rather a “just and equitable” price; and secondly, that homes and productive agricultural land are not included in the list. 8.2 Internal environment analysis The strengths, weaknesses, opportunities and threats analysis (SWOT analysis) provides the CRLR with the tools to identify and evaluate situational factors that will have a direct and indirect impact on the organisation. The CRLR’s opportunities and threats are external to the organisation, and therefore need to be managed effectively to ensure continued sustainability. The CRLR is committed to building on the identified strengths, taking advantage of the opportunities, and effectively managing the threats and turning weaknesses into strengths. The strengths, weaknesses, opportunities and threats identified are addressed in the document through the outcomes and outcome indicators. Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 14 1. Sufficient staff knowledge, capabilities and expertise 2. Driven by clear legislation and mandates 3. Strong brand identity 4. National footprint with regional and branch offices throughout the country 5. New order claims captured electronically (currently not a priority) Strengths 1. Limited budget and funding to drive the settlement of claims 2. Limited human resources and a centralised organisational structure 3. Manual processes used for the settlement of claims (limited automation/information technology) 4. Ineffective information management and statistical analysis 5. Lack of internal standard operating procedures (SOPs) and third-party service-level agreements (SLAs) 6. Lack of proactive communication with unclear communication protocols between CRLR and DALRRD 7. Limited post-settlement support from DALRRD 8. Interpretation of mandates between DALRRD/CRLR Weaknesses 1. Effectively use and drive the institutional memory 2. Leverage employee experience to self-capacitate 3. Become an autonomous organisation 4. Clearer understanding of business requirements 5. Develop processes, SOPs and SLAs 6. Innovative policy research and revamp 7. Availability of information to improve information management and statistics 8. Prioritisation of information technology (IT) as a function and the automation of processes 9. Availability of software to automate processes 10. Development of legislation to deal with the new order claims Opportunities 1. Internal and external mandate uncertainty 2. Legal uncertainty 3. Unrealistic expectations set 4. Misinformation and understanding of the mandate of restitution 5. Inadequate budget and/or funding 6. Citizens’ frustrations because of the slow pace of restitution 7. Lack of social cohesion and service delivery unrest Threats Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 15 8.3. Strategic focus areas of the CRLR The CRLR has two overarching strategic focus areas: Outcome 1: Core – Restored land rights and alternative forms of equitable redress Outcome 2: Enabler – Improved governance and service excellence 8.4 Service delivery performance As at 31 March 2020, 81 782 land claims have been settled. The settlement of these claims has resulted in the award of 3.7 million hectares of land to the beneficiaries at an amount of R23.4 billion to qualifying claimants, of which 2.6 million hectares has been transferred. The restitution programme has benefitted 2.2 million individual beneficiaries who are members of 435 572 households. Of those, 166 207 are female-headed households and 1 133 households are headed by persons living with disabilities. Financial compensation claims amounted to 67 879 of the 81 782 total land claims that had been settled. A total of R16.7 billion has been approved. Had these beneficiaries chosen land restoration, government would have acquired a further 3.2 million hectares. OUTCOME Restored land rights and alternative forms of equitable redress 1CORE OUTCOMEImproved governance and service excellence2 ENABLER SERVICE DELIVERY PERFORMANCE STRATEGIC FOCUS AREAS settled claims hectares of land awarded financial compensation claims hectares of land transferred AT R23.4 BILLION AT R16.7 BILLION households benefitted female headed households households headed by persons with a disability 435 572 81 782 3.7 mil. 67 879 R2.6 mil. 166 207 1 133 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 16 Section 42C of the Restitution Act provides for the Minister to allocate development grants to the beneficiaries who have received land. To date R5 161 873 114 has been allocated towards these grants over time. Table 1: Service delivery performance Province Total claims lodged Total claims settled Hectares settled or awarded Hectares transferred Total amount approved for acquiring land Financial compensation approved Beneficiaries (total households) Individual beneficiaries Eastern Cape 16 716 16 954 137 810 18 811 128 859 350 4 546 472 963 84 512 382 606 Free Sate 2 682 2 669 59 759 60 828 80 146 832 449 590 939 8 621 52 379 Northern Cape 3 852 4 024 837 139 633 791 881 532 806 1 188 055 330 25 670 135 526 Gauteng 13 162 13 351 17 443 6 191 101 419 934 1 008 786 304 20 056 80 493 North West 3 902 3 964 548 724 507 475 3 400 009 176 719 873 935 44 477 222 059 KwaZulu-Natal 16 394 15 804 841 067 504 391 8 140 212 508 3 778 538 072 95 904 545 777 Limpopo 3 489 4 511 734 193 558 650 4 411 294 360 2 310 769 750 63 759 307 151 Mpumalanga 3 400 3 223 528 551 346 220 6 072 729 166 1 134 596 814 59 223 303 629 Western Cape 16 099 17 282 11 050 10 832 134 495 047 1 532 563 283 33 350 149 488 Total 79 696 81 782* 3 715 2 647 189 23 350 699 178 16 669 247 435 572 2 179 108 8.5 Financial performance The CRLR has spent in excess of R11 billion out of the CRLR’s households budget for land purchase and financial compensation over the past four financial years. The split between the amounts paid towards land purchases vis-à-vis the payment of financial compensation is illustrated in Table 2. The amount paid towards land purchases (33.54%) is less than the amount paid in financial compensation (55.60%). Development grants amounted to R1.19 billion, which is 10.04% of the expenditure. land purchases financial compensation of the expenditure DEVELOPMENT GRANTS 33.54% 55.60% 10.04% R9.8 billion+ spent R1.19 billion Table 2: Expenditure on land purchases and financial compensation since 2016/17 Financial year Financial compensation Land purchases Grants Total 2016/17 1 420 167 854 1 034 873 777 323 884 704 2 778 926 335 2017/18 1 589 812 161 762 271 283 165 729 692 2 517 813 136 2018/19 1 901 677 563 383 775 852 388 754 510 2 674 207 925 2019/20 1 221 869 544 1 519 595 916 317 637 520 3 059 102 981 Total 6 133 527 123 3 700 516 828 1 196 006 426 11 030 050 377 * Due to the number of rights lost and claim forms lodged being used interchangeably, the settled figure is 81 782 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 17 Table 3: Expenditure vs budget as at 30 November 2020 Province Budget Expenditure Variance Percentage Eastern Cape 482 997 199 485 283 512 41 Free Sate 22 042 7 221 14 821 33 Northern Cape 321 191 97 487 223 704 30 Gauteng 25 613 14 105 11 508 55 North West 23 938 3 231 20 707 13 KwaZulu-Natal 482 703 270 172 212 531 56 Limpopo 412 030 238 737 173 293 58 Mpumalanga 216 261 91 927 124 334 43 Western Cape 322 260 316 181 6 0789 98 National Office 2 309 035 1 204 961 1 103 609 52 Total 2 309 035 1 238 546 1 070 489 54 8.6 Service delivery challenges In the years that have passed since the promulgation of the Restitution of Land Rights Act, progress has been achieved in realising the main goals of the programme. However, various challenges beset the CRLR. Some of these challenges include the following: The processing, settling and finalisation of claims has taken place at a slow pace. There has been an inadequate provision of post settlement support and a failure to link restitution with broader development initiatives. Challenges have been encountered with reconstituting communities and the problems experienced by community property institutions. There has been a lack of institutional capacity, impacting on information and operating systems, exacerbated by a disjuncture between the mandate and the existing organisational structure. The programme is under-funded. 8.7 Organisational environment This section provides progress that has been made by the Commission in meeting the recommendations made by the various entities, including the Presidential Advisory Panel on Land Reform and Agriculture, which reviewed the performance of the restitution programme. This information includes the progress made in relation to the land claims settlement milestones as per the LAMOSA 2 requirements. In 2019, the CRLR started a business improvement project, called Project Kuyasa. “Kuyasa” is the isiZulu phrase for “the sun is rising”. This project seeks to transform the CRLR into a highly effective organisation with faster turnaround times, optimised processes, effective systems, efficient offices and improved customer service. The objectives of Project Kuyasa are as follows: Backlog claims reduction strategy Business processes and systems improvement The development of improved financial and settlement models The determination of an appropriate organisational form with autonomy The development of an organisational structure design to support the redesigned process, based on the new operating model People and change management strategy Based on the aforementioned objectives, the following projects were identified: Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 18 Project 1: Backlog Claims Reduction The aim of this project is to develop a backlog reduction strategy and pilot the approach in preparation for implementation. This project is intended to address the two key issues of defining and categorising the current backlog, and developing a strategy and plan to eliminate the backlog. All provincial offices have performed a complete and comprehensive assessment of each outstanding claim, the properties under these claims, the location of the claims and other attribute data. Over and above the strategy, a detailed management reporting tool has been developed to improve reporting accuracy and track progress. The objective of this tool is to give real-time feedback to the Commission’s management and key stakeholders on the current claims status, as well as the challenges identified. The tool is intended to monitor and track the settlement of claims by identifying challenges and blockages, and dealing with these timeously. It will also assist managers to ensure and adhere to the targets set and to timeously come up with intervention strategies where necessary. This is augmented by a monitoring and evaluation framework with the following key objectives: Constant information and data flow Accurate, quality and on-time data submissions Clearly defined ownership and accountability governance channels An external verification and audit process is underway, which is intended to ensure data intergrtiy and reporting of the information in the project files. Project 2: Business Process Improvement This project will arm the CRLR with improved business processes to be more effective and efficient in service delivery and the processing of land claims. A key outcome of this project is the business process redesign and aligned policies and standard operating procedures. The current land restitution claim process and other key enabling processes was analysed to recommend and design the “to-be business processes”. This included the identification of key enablers (people, facilities and governance) and the development of an implementation plan. In summary, the “to-be” process design is expected to deliver specific benefits that are legally compliant and standardised. A key benefit is reduced turnaround times, as follows: The redesigned business process has indicated a potential to drastically reduce the time it takes to process a claim towards settlement from 242 weeks to 63 weeks. Improved guidelines, policies and standard operating procedures Project Kuyasa has further identified the gaps that exist regarding policies in the CRLR and has recommended further policies and standard operating procedures that would support the proposed re-engineered business process to fast-track the settlement of claims. A Policy Development Committee has been established to ensure that the process of policy and standard operating procedures review and development is properly steered and monitored. Project 3: Financial Model The intention of this project is to provide support in developing enhanced compensation models for the land restitution process and to develop an optimal strategic model for financial compensation awards, given the variable and predetermined parameters. Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 19 Project 4: Settlement Model The intention of this project is to enhance the processing and settlement of land claims in a manner that is fair, qualitative, comprehensive and inclusive. Various claims on mining, sugar cane and forestry or conservation land require the involvement of multiple sector stakeholders during negotiations on the framing of settlement models that would benefit the claimants and for sustainability. The work being done by Project Kuyasa also focuses sector specific engagements to develop settlement models that incorporate accurate planning, strategies and impact assessments. Various workshops and consultative meetings have been held with sector stakeholders for even more effective, sustainable and successful projects. The above process will also ensure that post-settlement support is addressed during the processing of the claims and stakeholders are brought on board early in the process. Project 5: Organisational Form The overall objective of this project is to identify the optimal operating model to deliver services to the client, while identifying the resources required to most effectively deliver these services. This project will determine the appropriate business model for the CRLR by analysing various options, developing a business case for the selected option and supporting the CRLR through the process of approving the selected option. The project will be undertaken in three phases over a period of six months, ensuring that the expected benefits are met through the project. Project 6: People Management The intention of this project is to develop an organisational structure that is best suited for the new CRLR, which is aligned to the “to-be” vision, and which will optimise service delivery. The project is expected to deliver an effective and efficient best-fit organisational structure, which will facilitate the delivery of the CRLR’s mandate, with a priority focus on improving service delivery. The development of an organisational structure that is linked to the appropriate organisational form will be accompanied by a skills development report and a transition plan, which will result from the project’s analytical activities. Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 20 Project 7: Change Management The intention of this project is to manage the effects of change faced by the CRLR in its turnaround transition. The key is to ensure that change is systematically and smoothly implemented to achieve the lasting benefits of change, and give both internal and external stakeholders a level of comfort regarding the changes that are coming. It is imperative to create awareness of the need for change (for the organisation and for individuals) and to understand the impact, risk and readiness for change, while initiating a capacity-building journey in key leaders. A change and stakeholder management plan has been prepared, and internal and external stakeholder questionnaires have been completed. Other developments aimed at improving operational performance Research and gazetting: In consideration of apparent weaknesses and uneven performance in the area of research, the CRLR has begun to mainstream regional specialisation in the research function. The provincial research units are initially being set up in the three provinces with the highest number of outstanding claims, where targeted area- or district-based research will be undertaken. The provincial research units are being piloted in KwaZulu-Natal, Mpumalanga and Limpopo, and priority will be given to the finalisation of research on claims on state land. A project manager has been appointed to manage the research strategy on the outstanding claims, and is in the process of finalising the research strategy, working with the National Research Unit in the Office of the Chief Land Claims Commissioner. Land valuations: The CRLR has signed a service -level agreement with the Office of the Valuer-General to enable the smooth operations between the two institutions. The Commission will continue to interact with both the Office of the Valuer-General and that of the Director-General for more efficiency. Settlement negotiations: The provinces continue to negotiate with all the stakeholders towards the settlement of claims. The focus of the settlements is based on the claims identified and registered in the project register as required by the Department and in line with the targets set in the annual performance plan. A further focus would be that of claims that needed to be finalised from the previous financial years. The performance is monitored by the National Office through monthly branch management meetings and quarterly reports. Research on complex claims: Special focus has been place on complex claims with the setting up of joint coordination committees (JCCs) with all relevant stakeholders both in government and outside of government, as well as the claimants. The intention of the JCCs is to ensure coordinated decision making, while negotiating the settlement of the claim. Where the mediation towards settlement fails, the matter is referred to the LCC for adjudication in line with section 14 of the Restitution Act, as amended. Where necessary, the claimant community is assisted with funding for the litigation concerned under section 29(4) of the Restitution Act. Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 21 8.8 Institutional and organisational structure of the CRLR The structure, as illustrated in Figure 1, is the current de facto organogram and reporting structure. Within the National Office, the Regional Lands Claim Commissioner (RLCC), Deputy Land Claims Commissioner (DLCC) and Chief Director: Restitution Management Support (CD: RMS) report to the CLCC and have various directors reporting to them. Within the nine provincial offices, each province is overseen by a Chief Director: Land Restitution Support (CD: LRS), who reports to the CLCC. The CRLR is currently in the process of formalising this organisational structure as part of the CRLR’s autonomy programme. Chief Land Claims Commissioner 9 x Chief Director: Land Restitution Support Chief Director: Restitution Management Support Regional Land Claims Commissioner Deputy Land Claims Commissioner Director: Quality Assurance Director: Finance Director: Legal Services Director: Restitution Administration Figure 1: Organisational structure Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 22 8.9 Resource considerations Expenditure trends and projections Figure 2 indicates how the CRLR’s budget has progressively decreased over the past seven years since 2012/13. The indicative budget for 2021/22 also shows a decline. However, over the MTEF, the indicative budget increases to provide operational budget, dealing with service delivery and performance in support of the settlement and finalisation of claims. The projected baseline allocations are the allocations over the MTEF period less the 2019/20 final allocation. Figure 2: Budget trends Human resources The future structure and concomitant human resources will only be developed after the business process mapping has been finalised and the structure determined following an investigation into the most appropriate organisational structure and form. It is envisaged that the CRLR’s staff will only carry out functions related to the CRLR’s mandate. 3 500 000 3 000 000 2 500 000 2 000 000 1 500 000 1 000 000 500 000 0 2013/14 2018/192017/182016/172015/162014/15 2020/21 2021/222019/20 2023/242022/23 Age distribution and people with disabilities The average age of all staff members is just over 41 years. The average age of senior management service members is slightly higher, at 49 years. The age composition is therefore relatively young, considering the high number of skilled and highly skilled staff members. There are 13 staff members with disabilities, which constitutes 1.85% of the total. Employment equity: Gender distribution Female staff members comprise 60% or 361 of all staff, while 40% of the staff component is male. Budget ExpenditureFinal budgetAdjusted budget Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 23 MEASURING OUR PERFORMANCE PART C Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 24 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 25 9. Institutional performance information As indicated above, the CRLR was established to solicit, investigate and make a recommendation (based on negotiations and mediation) for restitution for persons and communities dispossessed of rights in land, after 19 June 1913, as a result of past racially discriminatory laws and practices, and where a claim was lodged no later than 31 December 1998. Where a claim cannot be resolved by negotiation or mediation, it is referred to the LCC for adjudication. Reflecting on the years since the promulgation of the Restitution Act, it became evident that there was a need to overhaul the manner and pace at which the restitution programme is delivered. This is clearly supported by the studies and evaluations done and highlighted above. The CRLR aims to achieve its mandate in line with key national, provincial and municipal plans and policies, and will contribute towards the achievement of the NDP, NDP Five-Year Implementation Plan, the MTSF and priorities of women, children, youth and people with disabilities, as well as the district development model priorities. To effectively deliver on its mandate, the CRLR will focus its efforts on activities that will ensure that it achieves the following impact and outcomes. 10. Impact statement Impact statement Restored land rights or awarded alternative forms of equitable redress to previously dispossessed claimants 11. Measuring our outcomes MTSF priority Under MTSF Priority 4: Spatial Integration, Human Settlements and Local Government, the rural economy programme is targeting an outcome of sustainable land reform, of which restored land rights and alternative forms of equitable redress form a key part. The first outcome the CRLR wishes to achieve is restored land rights or alternative forms of equitable redress. Table 4: MTSF Priority 4: Spatial Integration, Human Settlements and Local Government Outcome Outcome indicator Baseline Five-year target Outcome 1: Restored land rights or alternative forms of equitable redress 1.1 Number of land claims settled 81 782 claims 8 447 claims 1.2 Number of land claims finalised 9 365 claims 2 407 claims 1.3 Strategy for the adopted reopening of claims developed (parliamentary level) New indicator Draft strategy plan approved In order to achieve Outcome 1, the CRLR also needs to see improved governance and service excellence. This outcome refers to ethical and well-run governance. This links to Priority 6 of the MTSF: A capable, ethical and developmental state. Part C: Measuring our performance Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 26 Table 5: MTSF Priority 6: A capable, ethical and developmental state Outcome Outcome indicator Baseline Five-year target Outcome 2: Improved governance and service excellence 2.1 Number of policies or guidelines approved 8 policies and guidelines 8 policies or guidelines 2.2 Number of weeks taken to settle land claims 246 weeks 89 weeks 2.3 CRLR listed as a Schedule 3A public entity Business case developed CRLR registered as a Schedule 3A public entity 12. Explanation of enablers to achieve five-year targets Improved governance and service excellence is related to the priority of a capable, ethical and developmental state. It shows DALRRD’s willingness to create a capable governance structure, built on principles of high ethical standards. A well-run government will influence all the areas of DALRRDs impact statement. When governance is improved, and corruption reduced, the organisation will be well positioned to achieve the impact it wants to see. Innovation in service delivery, strong internal controls and full compliance with policies will enable the organisation to achieve its five-year targets. This should be supported by effective change management and capability development to create a high-performance culture. The development of skills in the organisation should be aligned to the development needs in the business to support the execution of the strategy. A set of 22 initiatives has been identified to ensure that the five-year targets and outcomes can be achieved. Each of these has been projectised and linked to the six outcomes as indicated above. The initiatives often impact on more than one outcome, which is indicated in the tables as primary or secondary links. Table 6: Project initiatives and their links to the outcome indicators No. Project initiatives Link to outcome indicators Start period Duration Impact Primary link Secondary link 1. Define outstanding claims baseline (completion of both the Backlog Reduction Technical Task Team peer review and verification audit) 1.1 1.2 In progress 1.5 years High 2. Utilise the interim outstanding claims template and management reporting tool to start a centralised knowledge management repository 1.1 1.2 In progress 2 years High 3. Proactively identify overlapping and/or competing claims 1.1 2.1 Year 1: Quarter 3 1.5 years Medium 4. Develop and standardise the missing documentation/files strategy to roll out across all provinces 1.1 2.1 Year 1: Quarter 3 1 year Medium 5. Revise the untraceable claimant procedures (leading to potential deferrals) 2.1 Year 1: Quarter 1 1 year Medium 6. Implement administrative (back office) support systems 2.2 Year 1: Quarter 2 1 year Medium 7. Develop and implement a strategy for the fast-tracking of all settled, but not finalised claims (completion of commitment register) 1.1 1.2 Year 1: Quarter 2 2 years High 8. Institutionalise monitoring and evaluation 2.3 In progress 3 years Medium Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 27 No. Project initiatives Link to outcome indicators Start period Duration Impact Primary link Secondary link 9. Determine and establish an appropriate organisational form for the CRLR 2.3 In progress 3 years High 10. Implement to-be processes with developed SOPs and improve the flow of information within the CRLR (Project Kuyasa) 2.2 In progress 5 years High 11. Create an SOP repository with training (internal), education and outreach (external) and change management 2.2 2.1 Year 1: Quarter 2 3 years Medium 12. Develop a prioritisation strategy for the settlement of state land claims 1.1 1.2 Year 1: Quarter 1 3 years Medium 13. Develop improved settlement options (Project Kuyasa) 1.1 1.2 In progress 5 years High 14. Conduct a functional assessment and structural redesign within the CRLR (Project Kuyasa) 2.3 In progress 5 years High 15. Establish a number of SLAs with third-party entities that are linked to the business processes and SOPs 2.2 2.3 In progress 3 years Medium 16. Develop a stakeholder engagement plan, which is integrated into the process steps 2.2 1.2 In progress 1 year Medium 17. Establish a call centre to effectively manage the enquiries process (provincially based) 1.1 1.2 Year 3: Quarter 1 3 years Medium 18. Review and manage the existing LCC matters and new referrals 1.1 1.2 In progress 3 years High 19. Develop an end-to-end information management system 2.2 1.1 Year 2: Quarter 1 5 years High 20. Develop the legal case monitoring and management system (including conveyancing) 1.1 1.2 Year 2: Quarter 2 3 years Medium 21. Proactively plan for new order claims 1.3 Year 2: Quarter 2 2 years High 22. Prepare proactive legislative amendments 2.3 1.3 Year 2: Quarter 1 2 years Medium Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 28 13. Cost drivers From the discussion above, six key cost drivers can be identified. The statistics projected below are based on the backlog reduction strategy project (within Project Kuyasa), which established frameworks to improve the accuracy and quality of claim statistic reporting at the CRLR. These statistics are subject to change following the completion of the full verification audit, which has commenced. 13.1 Settlement of claims lodged before the 1998 cut-off date A claim is settled once the Minister (or the duly delegated official(s)) has approved an award for the restoration of a right, alternative land or financial compensation. Once a settlement has been made, it is entered into the commitment register until such time as the award has been effected, i.e. the land has been transferred or financial compensation has been paid in full. The process towards settlement utilises the CRLR’s operational budget (i.e. compensation of employees (CoE), and goods and services) to execute research and to fund the payment of service providers such as valuers. Total cost for the settlement of all 8 447 claims There are 8 447 outstanding claims lodged before the 1998 cut-off date. Of these, 43% are in the research and gazetting stage, and the full business process must be followed to settle the claims. In addition, some claims have only been partly settled, i.e. settlement in respect of other properties under claim is still outstanding. The current annual target for 2021/22 identifies 240 claims to be recommended for settlement, as well as 240 claims to be settled. There is a total of 316 projects that are targeted for finalisation by the Restitution Branch. The total operational budget of the CRLR and the Restitution Branch (CoE, goods and services, and machinery and equipment) is R613 million for 2020/21. A linear projection, without taking into account that the R613 million includes management costs, legal costs or any other costs not directly attributed to the settlement of claims, reflects that an amount of R65 billion will be required to settle all old order claims. There is a 25% margin of error on the R65 billion as 43% of the claims are still in the research and gazetting stage and have not been evaluated by the Valuer General. In-year costs for the settlement of claims The annual performance plan (APP) sets a target of 240 of the claims lodged before the 1998 cut-off date to be recommended for settlement by the CRLR in 2021/22. These claims are to be settled by the Restitution Branch. The operational budget allocated for 2020/21 was R613 million. This includes the budget of the CRLR and the Restitution Branch. Therefore, a process should be highlighted to split the respective budgets. Research of claims will be insourced and (in the case of complex claims) outsourced. PRE-1998 CLAIMS ANNUAL TARGET settled claims finalised projects for 2021/22 at R2 billion 240 316 required to settle pre-1998 claims *25% margin of errorR65 billion active claims8 447 in research and gazetting stage 43% Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 29 13.2 Finalisation of claims lodged before the 1998 cut-off date A claim is finalised when the settlement, as contained in section 42D or a court order, has been effected, i.e. the property has been transferred to the beneficiary or the financial compensation has been paid. The finalisation of claims is the responsibility of the Restitution Branch. These payments are made from the restitution grants though the transfers and subsidies to the households budget allocation. Total cost for the finalisation of all 8 447 claims The CRLR is developing a defined process to determine a more accurate estimate for costs related to finalisation. The increase in annual targets to finalise claims can only be done if substantial additional operational funding is allocated to researching, recommending and settling these claims (as a precursor to finalisation) as many of the remaining claims are quite complex and demand considerable effort in terms of research and negotiations with communities and land owners. In-year cost for the finalisation of claims The APP targets 316 claims to be finalised with an available budget of R2 billion for 2021/22. Clearing the commitment register As indicated above, once a settlement (award) is approved by the Minister or the LCC, a commitment is raised. The commitment register increases or decreases as new claims are settled (when it would increase) or as settled claims are finalised (when it would decrease). By clearing the commitment register, targets are achieved insofar as the finalisation of claims is concerned. Commitments presently amount to R5.7 billion. Some 46% of the commitments, amounting to R2.614 billion, are in respect of development grants, while 54% are for the payment of land purchases and financial compensation. Presently, all these commitments are funded from the households budget of Programme 3. The commitment register is progressively being reduced through the finalisation of claims that were settled in the previous financial years. A balance needs to be struck between clearing the commitment register of claims originating from previous years (which are often more difficult to finalise due to ageing) and the current year settlements. 13.3 Reopening of claims As indicated above, the Restitution of Land Rights Amendment Act, 2014 (Act No. 15 of 2014), came into operation on 1 July 2014 and provided for the re opening of the lodgement of land claims for a period of five years up to 30 June 2019. To facilitate an efficient relodgement of claims, an electronic lodgement system was developed. This system is being further developed to interface with an electronic project management system that will enable the electronic processing of claims. The electronic lodgement system will also be the land restitution register that the Restitution Act requires to be established and maintained. 13.4 Critical funding areas Human resources As at 2019, the restitution database consisted of 688 employees, with the approved structure (V2.9) developed by DALRRD consisting of 769 employees. A process of redesigning a new structure for the CRLR, as part of the autonomy programme, is currently taking place with requirements in terms of additional human resources for the future structures being defined. Goods and services In order to expedite the settlement of claims, the offices need to appoint specialists to provide services such as research, claimant verification, valuations and the tracing of beneficiaries. This relates to both the clearing of the commitment register, as well as settling the outstanding claims through detailed research. These expenses cannot be covered by the transfer to the households/capital budget as they are unrequited and, in some cases, the research leads to the dismissal of claims with no ultimate benefit to households. In order to fast-track the settling of claims, the focus is on finalising the research on outstanding claims. The research is expedited using both internal staff and outsourced capacity, especialy in respect of complex claims. CURRENT COMMITMENTS development land purchases and financial compensation R5.7 billion 46% 54% Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 30 As the Restitution Branch does not have district offices, officials need to travel long distances to communities to hold meetings, attend to negotiations and collect supporting documentation. The travel cost is thus a significant cost driver for the restitution offices. Machinery and equipment Capital assets have a set depreciation period, and some of the resources, like computers, have already reached the end of their life cycle; hence the request for additional funding to replace such assets. The financing cost for the lease of labour saving devices is allocated as capital asset funding. Officials work in the field and must be able to work remotely. A need has been identified for equipment to work remotely. A reprioritisation of funds is currently taking place in this regard. Transfers and subsidies As indicated, a significant proportion of the commitment register funds relate to development grants belonging to claimants who have received land. Since these funds were not approved and released, they thus remain on the existing CRLR budget. A significant uptake – at any given time – on the existing committed grant funds would threaten to deplete the current budget meant to settle and finalise claims. There is thus a need for a properly coordinated and funded post-settlement programme that begins to alleviate the burden for post-settlement funding on the Commission. 13.5 Summary of critical budget requirements For the 2020–2023 MTEF, the baseline allocation amounts to R8.057 billion for the restitution budget for purchasing land, paying out development grants and paying financial compensation. The committed funds of projects already approved by the Minister amount to R5.49 billion, which has an impact on the required budget. Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 31 Table 7: Adjustment Estimate of National Expenditure 2020/21 Economic classification Budget R‘000 Special adjustment R'000 Spending as at 31 August 2020 R’000 Balance R’000 Percentage spent R’000 Additional budget R’000 Adjustment budget R’000 Compensation of employees 450 462 -30 407 156 688 263 367 37% - 420 055 Goods and services 91 445 -36 432 20 577 234 436 8% - 91 290 163 723 Interest and rent on land - 4 552 - 4 552 4552% 4 552 4 552 Provincial/local government 6 704 - 7 442 -738 111% 12 036 18 740 Households 2 680 656 -336 432 498 275 1 845 949 21% - 35 189 2 309 035 Machinery and equipment 2 519 - 1 647 872 65% 3 237 5 756 Land and sub soil 6 987 - 6 987 6 987% - Total 3 431 786 - 403 271 696 168 2 332 347 23% -106 654 2 921 861 Table 8: Indicative MTEF budget allocation per item Item 2021/22 2022/23 2023/24 Original allocation Re prioritisation Total allocation Original allocation Re prioritisation Total allocation Original allocation Re prioritisation Total allocation Compensation of employees 479 891 -63 443 416 448 502 936 -85 730 417 206 477 391 -67 252 410 139 Goods and services 307 478 -8 504 298 974 319 010 -16 510 302 500 333 070 -23 290 309 780 Capital assets 2 658 -29 2 629 2 809 -31 2 778 2 933 -32 2 901 Current transfers 7 073 312 7 385 7 334 398 7 732 7 657 100 7 757 Capital transfers 285 009 -250 000 2 600 091 3 152 466 -402 062 2 750 404 3 291 407 -583 380 2 708 027 Total 3 647 191 -321 664 3 325 527 3 984 555 -503 935 3 480 620 4 112 458 -673 854 3 438 604 Table 9: Indicative MTEF budget allocation per sub-programme Item 2021/22 2022/23 2023/24 Original allocation Re prioritisation Total allocation Original allocation Re prioritisation Total allocation Original allocation Re prioritisation Total allocation National office 226 521 -12 488 214 033 241 350 -19 157 222193 242 114 -16 341 225 773 Regional office 570 958 -59 176 511 782 591 136 -82 716 508 420 579 351 -74 133 505 218 Restitution grants 2 849 712 -250 000 2 599 712 3 152 069 -402 062 2 750 007 3 290 993 -583 380 2 707 613 Total 3 647 191 -321 664 3 325 527 3 984 555 -503 935 3 480 620 4 112 458 -673 854 3 438 604 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 32 13.6 Settlement of claims As indicated above, the settlement of claims requires operational funding to process claims up to section 42D stage. The current assessment of old and new claims indicate that an amount of R116 billion would be required to settle these claims. 13.7 Finalisation of claims The finalisation of claims depends on three key factors: The number of claims lodged The ratio between financial and redress in the form of land The cost of land (urban, rural, dry land, conservation, etc.) Based on current estimates, the cost to settle and finalise old order and new claims is around R129 billion. 14. Key risks and mitigations Key risks and mitigations linked to the respective outcome indicators have been detailed in Table 10. A summary of the strategic risks and mitigation strategies that may affect the achievement of the identified outcomes and the respective risk mitigations have been outlined in Table 10. Table 10: Summary of strategic risks Risk type Risk Risk mitigation Finance Budgetary risks Limited budget • Offers to be negotiated and linked to the recommendations of the Valuer-General • Annual submissions to National Treasury to indicate funds required in the Adjustment and Medium-Term Expenditure Framework cycle Expenditure risks Under-spending • Monthly expenditure monitoring and cash flow revision(s) to be done Support IT systems Lack of effective information and records management system • Development of standardised business process to be fed into the project and management information system • Apply change management principles during implementation Human resource risks Ineffectual human resources • Development of revised institutional form and continual training Process risks Delays in implementation of settlements No standardised business process with timeframes • Developed detailed business process that is elaborated into SOPs and timeframes. • Implementation of reviewed settlement models Regulatory Reputational risks Reputational risk linked to delays in the settlement of claims • Statutory Commission meetings to be held with formal and widespread communication aims, including media, as well as quarterly statistics releases • Communication process underway in collaboration with the Government Communication and Information System (GCIS) Legal and regulatory risks Definite mandate of the CRLR (e.g. scope creep into post-settlement issues) Litigation risks • Clarify mandate in the context of future autonomy and develop plans to ensure integration with DALRRD’s processes • Improvement of tracking and management of matters in court compliance checklist and quality control by quality assurance • Increased quality assurance capacity 15. Public entities N/A 33 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 34 TECHNICAL INDICATOR DESCRIPTIONS PART D Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 35 16. Outcome 1 16.1 Output indicator 1.1 Indicator title Number of land claims settled Definition • The indicator refers to the total number of claims lodged that have been settled either by the Minister or as per delegations at the time or through court directives. The indicator also includes full and final settlements for missing, untraceable or uncooperative beneficiaries where the settlements were not previously counted. • A claim is settled once the Minister (or the duly delegated official(s)) has approved an award for the restoration of a right, alternative land or financial compensation. Source of data Signed section 42D/42E or court order, making an award of financial compensation, land or alternative redress. Method of calculation or assessment Simple count: Claims are counted as settled when signed by the Minister of Agriculture, Land Reform and Rural Development as per delegation, or court directive is received. Assumptions Effective processing of claims Disaggregation of beneficiaries N/A Spatial transformation • Equitable redress to victims of racially motivated land dispossession • Integration of segregated communities Desired performance 240 claims (2021/22) Indicator responsibility Chief Land Claims Commissioner 16.2 Output indicator 1.2 Indicator title Number of land claims finalised Definition • The indicator refers to the land claims that have already been settled, which have now been finalised. Finalised means full financial compensation being disbursed, or the land purchase price has been disbursed; and/or land has been transferred, or a combination thereof. The indicator includes the number of claims that have been dismissed or deemed non-compliant. The indicator also includes declarations for the commitment register to clear the commitment register. • A claim is finalised when the settlement, as contained in section 42D, or a court order, has been effected, i.e. the property has been transferred to the beneficiary or the financial compensation paid. Source of data • Includes one or a combination of: Signed-off provincial reports Basic Accounting System (BAS) reports Project summaries Non-compliant or dismissal letter to the claimant signed by the Regional Land Claims Commissioner Approved declaration or reconciliations to clear funds from the commitment register DeedsWeb report to confirm transfer to claimants Method of calculation or assessment Simple count of the number of claims that were finalised within the period under review Assumptions Claims settled Disaggregation of beneficiaries N/A Spatial transformation • Equitable redress to victims of racially motivated land dispossession • Integration of segregated communities Desired performance 316 claims (21/22) Indicator responsibility Head: Restitution Branch Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 36 16.3 Output indicator 1.3 Indicator title Draft strategy for the re-opening of claims developed (parliamentary level Definition • The indicator refers to the strategic approach to be followed to deal with claims lodged after 31 December 1998 (new order claims). • The approach will be in the form of a document spelling out the strategy to ensure that the Commission is prepared for the re-opening of new order claims (post-1998). Source of data Document approved and signed off by the Minister Method of calculation or assessment Simple count of approved documents Assumptions Clear guidance is provided at parliamentary level and/or as determined by the Constitutional Court on the processing or otherwise of new order claims Disaggregation of beneficiaries N/A Spatial transformation N/A Desired performance One strategy at the end of the reporting period Indicator responsibility Chief Land Claims Commissioner with support from the Head: Restitution Branch 17. Outcome 2 17.1 Output indicator 2.1 Indicator title Number of policies or guidelines approved Definition The indicator refers to the number of policies or guidelines that has been approved after review, amendment and/or drafting. Source of data Document approved and signed off by the Minister Method of calculation or assessment Simple count of approved documents Assumptions Ministerial support Disaggregation of beneficiaries N/A Spatial transformation N/A Desired performance Eight policies or guidelines Indicator responsibility Chief Land Claims Commissioner Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 37 17.2 Output indicator 2.2 Indicator title Number of weeks taken to settle land claims Definition The indicator refers to the number of calendar weeks, excluding days falling in compulsory leave directives, from the date of logging the claim as active, to the date of approval of the recommendation by the Minister or as may be delegated. Source of data • Claims tracker database (for each province) with dated milestones indicating the start and end dates for each milestone within the claims process • Manual MS Project (2021/22) • End-to-end system (to be implemented 2022/23/24) Method of calculation or assessment Determination of calendar weeks that have lapsed since the logging of a claim as active to the date of the approval of the recommended settlement. Means of verification • Provincial claims process tracker (consolidated MS Excel spreadsheet) • Manual MS Project • End-to-end system (to be implemented) Assumptions • Implemented “to-be” business processes • No unforeseen delays in process steps Disaggregation of beneficiaries N/A Spatial transformation N/A Desired performance 89 weeks (21/22) Indicator responsibility Chief Land Claims Commissioner 17.3 Output Indicator 2.3 Indicator title CRLR listed as a Schedule 3A public entity Definition • The indicator refers to the listing of the CRLR as a Schedule 3A entity in terms of the Public Finance Management Act, 1999 (Act 1 of 1999) (PFMA). The Minister of Finance, acting in terms of sections 47 and 48 of the PFMA, will gazette the listing and classification of the entities in the relevant PFMA schedule. • The process includes the development of the business case, managing the approval process with the Department, the Department of Public Service and Administration (DPSA), National Treasury and Cabinet, registering the Commission as a Schedule 3A public entity and transition. Source of data • Business case (process) • Approval (process) • Listing (Government Gazette at the end of the reporting period) • Transition (after listing) Method of calculation or assessment Simple count of Government Gazette notice Assumptions • Approval of business plan to establish entity • Support and approval of the Minister of Agriculture, Land Reform and Rural Development • Support and approval of the Minister of Finance Disaggregation of beneficiaries N/A Spatial transformation N/A Desired performance CRLR is listed as a Schedule 3A public entity by the end of the reporting period Indicator responsibility Chief Land Claims Commissioner Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 38 Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 39 ANNEXURE A: District Development Model Areas of intervention Project description Budget allocation District Municipality Project leader Land Restitution (Eastern Cape) Settlement of outstanding claims R8.0 billion budget estimate Amathole CD: LRS Eastern Cape RLCC Alfred Nzo OR Tambo Chris Hani Joe Gqabi Sarah Baartman Land Restitution (Free State) Settlement of outstanding claims R30 million budget estimate Fezile Dabi CD: LRS Free State RLCC Lejweleputswa Thabo Mafutsanyana Xhariep Land Restitution (Gauteng) Settlement of outstanding claims R741 million budget estimate Ekhuruleni CD: LRS Gauteng RLCC Johannesburg Tshwane Sedibeng West Rand Land Restitution (KwaZulu Natal) Settlement of outstanding claims R16.4 billion budget estimate Amajuba CD: LRS KwaZulu-Natal RLCC Ethekwini Harry Gwala Ilembe King Cetshwayo Ugu Umgungundlovu Umkhanyakhude Umzinyathi Uthukela Zululand Land Restitution (Limpopo) Settlement of outstanding claims R5.4 billion budget estimate Sekhukhune CD: LRS Limpopo RLCC Vhembe Waterberg Land Restitution (Mpumalanga) Settlement of outstanding claims R8.5 billion budget estimate Ehlanzeni 1 CD: LRS Mpumalanga RLCC Ehlanzeni 2 Gert Sibande Nkangala 1 Nkangala 1 Land Restitution (Northern Cape) Settlement of outstanding claims R633 million budget estimate Frances Baard CD: LRS Northern Cape RLCC John Taolo Gaetsewe Namakwa Pixley kaSeme ZF Mgxawu Land Restitution (North West) Settlement of outstanding claims R2.8 billion budget estimate Bojanala CD: LRS North West RLCC Dr Kenneth Kaunda Dr Ruth Segomotsi Mompati Ngaka Modiri Molema Land Restitution (Western Cape) Settlement of outstanding claims R139 million budget estimate West Coast CD: LRS Western Cape RLCC Overberg Garden Route Cape Winelands Cape Town Metro Commission on Restitution of Land Rights | Strategic Plan for 2021 – 2024 43 NATIONAL OFFICE Postal address: Private Bag X833, Pretoria, 0001 Physical address: 8th Floor, Centre Walk Building, cnr Pretorius and Thabo Sehume Streets, Pretoria Tel: 012 407 4400/4402 Contact us: Website: www.dalrrd.gov.za Toll free contact number: 0800 007 095 RP450/2020 ISBN: 978-0-621-49070-1