The Committee continued with deliberations on the official list of proposed amendments to the Bill (A-list) accompanied by the B version of the Bill incorporating all the proposed amendments into the Bill. A DA member pointed out that the factors that had been highlighted in clause 12(1)(a), (b), (c), (d) and (e) had no direct monetary value and it was difficult to see how these factors would affect the compensation. There was a proposal that the Department should add a clause 12(2)(g) that would focus on the actual financial loss that had been incurred by the expropriated owner.

The Department of Rural Development and Land Reform (DRDLR) presented the Annual Report 2014/15 for the Communal Property Associations (CPAs). To date, 1 428 CPAs were registered, with 48 being registered in the last financial year. Challenges faced by CPAs included ongoing conflicts amongst CPA members which centred on governance issues, and the fact that some CPAs were insolvent and needed an injection of funds to put them on a sound footing. 29 CPAs were untraceable, 20 CPAs had lost (through sale or loss by attachment) 10 668 hectares of land, and nine CPAs were under administration.

The Deputy Minister of the Department of Rural Development and Land Reform (DRDLR), addressed the Committee on the motivation for the amendments to the Extension of security of tenure (land) Amendment Bill, saying the fundamental resolve was to overcome decades of hardship in South Africa. Its redress was not about obsolete political stories, but about the creation of just opportunities.

The Deputy Minister tendered apologies on behalf of the Minister and the Director General for their absence due to other ministerial commitments.

The Commission on Restitution of Land Reform (Commission) briefed the Committee on responses to the South African Human Rights Commission (SAHRC) findings on systematic challenges affecting land restitution in South Africa. The brief focussed on the background of the SAHRC investigative hearing, summary of the findings of the SAHRC, strategic plan of the commission, and response on each finding and recommendations of the SAHRC.

To amend various laws under the administration of the Minister of Rural Development and Land Reform, so as to substitute certain obsolete definitions to ensure legal certainty; to effect certain consequential amendments in this regard; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa

To provide for the temporary protection of certain rights to and interests in land which are not otherwise adequately protected by law; and to provide for matters connected therewith

The Committee welcomed the Quarterly Reports as they showed the progress that had been made in dealing with claims. However discomfort was expressed at the pace of restitution. The Committee was very interested in the research aspect of the Commission’s brief.

In South Africa, policies of separate development and restrictions placed on capital expenditure imposed on the lands occupied by the indigenous people during the colonial era prevented the state from implementing the cadastre in the communal areas of the country. The status quo persists to this day, which has resulted in a dual system that promoted investment in areas where private property rights were permitted, but relegated the traditional communities into poverty and disinvestment

To provide for measures with State assistance to facilitate long-term security of land tenure; to regulate the conditions of residence on certain land; to regulate the conditions on and circumstances under which the right of persons to reside on land may be terminated; and to regulate the conditions and circumstances under which
persons, whose right of residence has been terminated, may be evicted from land; and to provide for matters connected therewith…”

To provide for security of tenure (land) of labour tenants and those persons occupying or using land as a result of their association with labour tenants; to provide for the acquisition of land and rights in land by labour tenants; and to provide for matters connected therewith. WHEREAS the present institution of labour tenancy in South Africa is the result of racially discriminatory laws and practices which have led to the systematic breach of human rights and denial of access to land

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.

To provide for the upgrading and conversion into ownership of certain rights granted in respect land; for the transfer of tribal land in full ownership to tribes; and for matters connected therewith.
(Afrikaans text signed by the State President.)
(Assented to 27 June 1991.)
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows: