Land Restitution. Land Tenure Reform
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- Natalie Montgomery
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3 Land Restitution to provide for the restitution of rights in land to person or communities dispossessed of such rights after 19 June 1913 as a result of the past racially discriminatory laws or practices Land Tenure Reform Land holding, land rights and forms of ownership People in communal areas, farm workers and labour tenants.
4 Land Redistribution To provide the poor with access to land for residential and productive uses, in order to improve their income and quality of life Settlement Land Acquisition Grant (SLAG) Land Redistribution for Agricultural Development (LRAD) Proactive Land Acquisition Strategy (PLAS) 2006 to date
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6 SLAG Land purchase grant sizes too little for aspirant emerging entrepreneurs Group access to land Little previous mutual involvement Recruitment for rent a crowd Unresolved conflicts amongst beneficiaries Value of grant limited to land purchase not production inputs
7 LRAD Grant sizes - influenced group projects High land prices Transactions delayed and/ or cancelled applicants inability to secure supplementary funds Inappropriate beneficiary selection - Land identification process entitlement Lack of post-settlement support
8 To accelerate the land redistribution process; Ensure that land is acquired in the nodal areas and in the identified agricultural corridors and other areas of high agricultural potential; Improve the identification and selection of beneficiaries and the planning of land on which people would be settled; and Ensure maximum productive use of land acquired
9 To what degree is PLAS realizing its own objectives and in what ways does it avoid or replicate limitations of its predecessors, and why?
10 Why are group projects persistent even on PLAS model which is not grant based, and To what extent does state intervene and support the operations and management of group PLAS projects; What types of groups are produced by PLAS; and What are the challenges facing projects leasing state land acquired through PLAS?
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12 Questionnaire Beneficiary selection and membership Project ownership and management Land identification and acquisition processes Lease contract Land use production management Focused group discussions obtain insights from beneficiaries, perceptions, needs, problems, beliefs, and reasons for certain practices
13 Individual interviews Officials National, Provincial and local government Dynamics around implementation processes, changes over time Departmental documents Project database Annual reports Lease contracts Project approval documents
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15 Population is 9.1 million people 97% of the population live in urban areas Contributes 33.3 % of the national GDP 17 % of land is classified as urban land 44% is classified as farm land and 23.4% is potentially arable Competing land uses land reform v/s other developmental initiatives
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17 Programme 2007/8 2008/9 2009/10 Ha Ha Ha PLAS Others* Total Others* LRAD, Commonage, tenure projects include SPLAG,
18 Contents 2006/ / / /2010 Total hectares transferred (2797) (352) (0) (279)
19 10 members only 4 are active two related households Started as LRAD changed to PLAS 132 ha purchased at R2.1M Occupied the farm in 2007 and lease contract renewed in 2010 Rental is 6% of purchase price R per annum No rental has been paid Mixed farming cattle (25 cattle) and summer crops
20 Four members, but only one remained Started as LRAD, but later switched to PLAS failed to secure supplementary funds Purchased in 2008 at R1.5M 27ha Benefitted from CASP - three hydroponic houses and a chicken house Collapsed production no water supply Rental in R pa no payment has been made
21 Business owned by two women, but only one remained Purchased at R4M as a going concern in 2007 rental is R pa 24ha Supply contract No rental has been paid Produced for two years birds per fortnight No poultry production, but 60 sheep
22 Land identification process : Simultaneous implementation of LRAD and PLAS impacted the land identification processes Beneficiaries continued to identify the land Implemented as demand led as opposed to supply led model Limited land identification instruments Gauteng Agricultural Hub
23 Beneficiary identification, selection and contribution Self selection No government influence on beneficiary composition Group based access to land Individual production Contract farming Contractual obligations 6% of purchase price not based on production value No payment for three years yet contract renewed
24 PLAS has potential to acquire more land acquisition not attached to beneficiary ability, but to feasibility of property No tool of identifying land on high agricultural potential areas Land identification process compromised land allocation Non-disposal created maintenance work, and affected new land purchases Three years contract threatens investment Non disposal create continuous dependence on government
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