DOCUMENTS

How the reopening of land claims will be managed - Gugile Nkwinti

Minister says govt has opened 14 lodgement offices and sites across the country in all nine provinces

Statement by the Minister of Rural Development and Land Reform, Gugile Nkwinti (MP) at a media briefing on the re-opening of the land claims process

01 Jul 2014

I am very pleased that the president has signed the Restitution of Land Rights Amendment Act of 2014 and the Property Valuation Act of 2014 into law. The signing of the Restitution of Land Rights Amendment Act now paves the way for South Africa's victims of land dispossession to lodge their land claims, for a period of five years to 2019.

The Department of Rural Development undertook what has been a lengthy consultative process to seek the re-opening of the land claims initiative in order that our people, communities and individuals may claim back, land from which they were forcibly removed due to the 1913 Natives land Act and other racially biased laws and policies of the past government.

You will remember that the first period for lodgement was opened between 1994 and 1998. Although land claims were made and settled, a great number of people complained that they had not been aware of the process at the time and as such they had missed the initial lodgement window.

We are a government who listens to people. We have opened 14 lodgement offices and sites across the country in all nine provinces. These sites are equipped with advanced technology to ensure speedy and accurate capture of relevant information. Our people will be assisted by trained staff and every effort will be made to ensure the process from the submission of a claim to the time it is settled is a smooth one.

To provide further assistance with the procedure to follow in lodging a land claim, we have developed a manual in all official languages covering for distribution at the lodgement offices and Municipality offices across the country. In addition to the lodgement offices; we will over the five year period of lodging claims, deploy mobile units to go to the remote areas of our country to ensure that we reach every citizen who qualifies to lodge a claim. A communication campaign will also be rolled out to ensure effective dissemination of information about this process to all our people.

Given our country's sad history of land dispossession, the Restitution of Land Rights programme is a necessary intervention for redress, reconciliation and nation building; which is in line with the National Development Plan (NDP)'s goal towards the elimination of poverty and reduction of inequality by 2030. It is my conviction that the issue of access to land is one of the fundamental elements to the transformation of the rural economy of our country, where the burden of land dispossession was mostly felt.

As we re-open the lodgement period we are mindful that there are parts of our community that remain excluded by this process. I refer to the Khoi and the San communities who are not accommodated by this Restitution of Land Rights Amendment Act of 2014. Their plight is not forgotten. I want to assure them that a policy on the exceptions to the 1913 Natives Land Act cut-off date is being developed that seeks to address their concerns.

Currently there are about 8 471 claims lodged before the 1998 cut off period that have not yet been settled or resolved. These have been prioritised for settlement. I am appealing to those individuals and communities affected to continue to exercise patience while we are resolving their claims and not to lodge their claims again. The outstanding claims will be processed simultaneously with the new ones.

I want to issue a warning to those who seek to rob our people of their hard earned money, purporting to assist claimants to lodge while charging a fee. These individuals are criminals. Lodging a claim is a free government service and anyone who is charging money is doing so illegally.

It is also illegal to submit a fraudulent claim, including not disclosing other potential interested parties. It is also unlawful for a person to obstruct another from lodging a claim. I am calling on members of society to report their suspicions about any illegal activity in this regard by calling the government anti-fraud hotline number 0800 701 701.

The Property Valuation of Act 2014 will give effect to the provisions of the Constitution which provide for the payment of "just and equitable" compensation for property that is required in the public interest, which includes land reform. The Act provides for the establishment of the Office of the Valuer-General which will be responsible for the valuation of property that has been identified for purposes of land reform.

The Property Valuation Act will come into operation on a date fixed by the President by proclamation in the Gazette. The effect of the signing of the Bill by the president is that is now an Act of Parliament but will only come into operation on a date to be determined by the President.

Information on the location of the lodgement offices, criteria for qualification, and a copy of the manual, is available from the Department of Rural Development and Land Reform's website:www.ruraldevelopment.gov.za or toll free number: 0800 007 095. The information can also be obtained by sending a message to the email address: [email protected]

Thank you.

Statement issued by the Department of Rural Development and Land Reform, July 1 2014

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