land rights management facility presentation to the portfolio committee on rural development and...

LAND RIGHTS MANAGEMENT FACILITY

PRESENTATION TO THE PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND

LAND REFORM

20 MAY 2015

Overview of the rationale of the Land Rights Management Facility (LRMF) and how it functions

Types and status of mediation cases according to provinces

Types and status of legal services cases according to provinces

Legal Services panel Project Finances Future Plans

Presentation Outline:

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Overview of the Rationale To facilitate the provision of specialised legal and

mediation services to indigent individuals and communities who are faced with the violation of their rights and livelihoods;

to regularise and support dysfunctional CPIs; and to administer legal and mediation assistance approved by the Chief Land Claims Commissioner in terms of the Restitution of Land Rights Act 22 of 1994;

to build a network of human rights lawyers and mediators who specialise in the field of land rights; and

to promote the rule of law and strengthen democracy.

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Functioning of the LRMF: Maintaining and updating the panels of lawyers and mediators; receiving legal and mediation case referrals from the Department; referring cases and matters to members of the legal and mediation panels on the

instructions of the Department; monitoring the progress of cases referred, the performance of panel members

and the outcome of cases in relation to the objective of providing adequate legal and mediation services to indigent land reform beneficiaries;

administering the panel funds provided by the Department for this purpose and assessing and paying the accounts of members of the panels on behalf of the Department;

designing and conducting an appropriate training programme to educate panel members to improve their skills and capacity and an appropriate skills transfer programme for officials of the Department; and

providing legal opinions as requested by the Department or Commission on matters relating to the LRMF.

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Mediation case distribution as at 31March 2015

- 25 Pending matters

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Mediation services case types

- 25 Pending mediation matters

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Mediation services case types

- 147 mediation matters closed

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Mediation case types

- 25 Pending matters

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Legal services case provincial distribution as at 31 March 2015

- 740 Pending matters

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Legal services case types

740 Pending Legal matters

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Legal services cases types

- 309 Legal matters closed

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hotspots areas

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LRMF panel composition LEGAL MEDIATION

100 72

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Project FinancesLegal and mediation panel funds – Income and expenditure

Income and expenditure itemsDecember 2012 to March 2015

Opening balance R 1 140 552

Income R 135 591 224

DRDLR fund transfers R 133 341 533

Interest received R 2 249 691

Expenditure R 122 383 833

Expenditure from legal and mediation panel funds R 120 151 224

Interest paid to DRDLR R 2 232 609

Balance at 31 March 2015 R 14 347 943

Fund portion R 14 330 861

Interest portion R 17 082

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Project FinancesLegal and mediation panel funds – Monthly breakdown of funds disbursed

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Project FinancesFund expenditure projection to 31 March 2015

Date

Legal Services Projects

Mediation Services Projects

Communal Property

Institutions RestitutionFund

expenditureFund

balance

Balance as at 31/03/2015

R 54 970 258 R 3 309 536 R 16 993 029 R 44 878 401 R 120 151 224 R 14 330 861

30/04/2015 R 2 928 155 R 112 271 R 246 254 R 2 818 789 R 6 105 469 R 8 225 393

31/05/2015 R 2 928 155 R 112 271 R 246 254 R 2 818 789 R 6 105 469 R 2 119 924

31/06/2015 R 2 928 155 R 112 271 R 246 254 R 2 818 789 R 6 105 469 -R 3 985 545

Total R 63 754 723 R 3 646 348 R 17 731 792 R 53 334 766 R 138 467 630 -R 3 985 545

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Project FinancesContingency liability assessment

Contingent Liability Assessment : 31 March 2015

Tenure security legal matters R 49 454 559.12

Tenure security mediation matters R 2 677 482.09

CPI matters R 9 760 194.98

Restitution matters R 33 417 209.13

Total R 95 309 445.32

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Continued provision of legal and mediation services;

institutionalisation of the LRMF work within the Land Rights

Management Board when in place and operational; and

the Land Rights Management Board is a new structure

proposed in the Extension of Security of Tenure Amendment

Bill.

Future Plans

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Toll Free Number

0800 00 7095

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Thank YouKea Leboga

EnkosiBaie DankieNgiyabonga

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