Integrated Report by Permanent Delegates who attended Provincial Week Visits to Address Land and Agricultural Issues (17-20 June 2003):

Introduction
Section 41(h) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), provides that ‘all spheres of government and all organs of State within each sphere are to co-operate with one another in mutual trust and faith by informing one another of, and consulting one another on, matters of common interest’.

It is against the background of these constitutional imperatives that the National Council of Provinces (NCOP) mandated permanent delegates from nine provinces to undertake oversight visits to the nine provinces. The focus of the visits was to obtain information from relevant provincial Departments of Agriculture and Land Affairs, Local Municipalities and State Organisations supporting agricultural and land developments.

The terms of reference for permanent delegates were as follows:
To brief provincial legislatures on the Property Rates Bill.
To brief provincial legislatures on the Intergovernmental Fiscal Review, 2003.
To brief provincial legislatures on the recommendations outlined in the 2002 Report compiled by the Financial and Fiscal Commission.
To receive briefings from the provincial Departments of Land and Agricultural Affairs.
To receive briefings from the Office of the Land Claims Commissioner.
To conduct oversight visits to land and agricultural development sites.
To establish linkages between land restitution, land redistribution and agricultural development.
For purpose of information gathering relative to the status of Land Reform for Agriculture Development programmes, questionnaires were forwarded to the provincial Departments of Land Affairs and Agriculture, the Office of the Land Claims Commissioner, provincial Local Government Associations and the Land Bank. The questionnaires focused on the following areas:
Progress by provincial Departments of Agriculture in accelerating National Government’s Agricultural Strategy.
Effectiveness of support services provided for agricultural programmes.
Role of local municipalities within the agricultural sector.
Land restitution and redistribution programmes.

National Policy Framework to improve the Agricultural and Land Sectors
2.1 Agricultural Sector
In recent years, the agricultural sector in South Africa has undergone drastic changes. Several processes have reversed the impact of discriminatory legislation, while other initiatives have been implemented to deregulate and liberalise the sector. The main policy shifts include:

Liberalising agricultural trade and deregulating the marketing of agricultural products.
Implementing land reform policies and programmes.
Abolishing certain tax concessions and reducing direct subsidisation.
Reforming the institutions governing the sector.
Developing mechanisms to introduce a minimum wage for farm workers. 1
The challenge for the agricultural sector within the South African economy was to establish policies, that would ensure that agriculture was constituted according to the national economic policy objectives as articulated in the Reconstruction and Development Programme (RDP), and now encapsulated in the Growth, Employment and Redistribution (GEAR) strategy.

The purpose of agricultural policy reforms is to ensure that agriculture contributes to these national objectives through the following:
An increase in agricultural productivity and output, which will enhance the sector’s contribution to national economic growth.
An increase in the incomes for the poorest groups in society, through the creation of opportunities for small and medium-scale farmers to raise their production for own consumption and the market.
The creation of additional employment opportunities in agriculture.
An improvement in household food security through expanded production and a more equitable distribution of resources.
The government identified agriculture as a key sector that required special attention because of its potential to contribute to the objectives of higher economic growth. Within this framework, the specific challenges for the agriculture sector are to:
Implement a farmer settlement programme, including joint ventures in high value and exploitable agricultural products.
Design a comprehensive support package for new entrants to ensure improved agricultural productivity through investment in research.
Facilitate the development of new products.
Facilitate and co-ordinate infrastructure support for agriculture; and
Enhancement of the national regulatory systems.

The vision for the agricultural sector implies sustainable profitable participation in the South African agricultural economy by all stakeholders. To achieve its vision and objectives, the national Department of Agriculture initiated the following programmes and projects:

The Strategic Plan for South African Agriculture, 2001 consists of three core strategies – equitable access and participation, global competitiveness and profitability, and sustainable resource management.

Food Security at National Level calls for a multi-disciplinary approach in acknowledging the problems of food security, which go beyond production concerns. In 1999, the government made food security one of the seven top national priorities. All provinces developed and implemented various programmes to meet their circumstances and livelihoods.

The Land Redistribution for Agricultural Development (LRAD): A Sub-Programme of the Land Distribution Programme has two distinct components – the transfer of agricultural land to specific individuals or groups and commonage projects, which aim to improve access to municipal and tribal land primarily for grazing purposes. LRAD was also designed to provide grants to black South African citizens to access land specifically for agricultural purposes.

Land Care Programmes contributes simultaneously to household food security and economic growth. It also has the potential to safeguard the quality of natural resources. The implementation of Land Care Programmes as a national initiative is an attempt by government to spend resources to mitigate against the effects of degradation of natural resources.

Land Issues
As a result of decades of dispossession and racist land laws, land distribution in South Africa is among the most skewed in the world, with large capital-intensive farms dominating much of the rural areas. The Government has introduced a market-based land redistribution programme, which provides grants and technical assistance to the landless poor. Several mechanisms have been used to date, to enable prospective purchasers to acquire land from direct purchase to a variety of equity schemes. The government has also introduced a programme of tenure reform, which aims to bring all people occupying land under a validated system of landholding.

The Government has also initiated a programme of restitution of land, which involves returning (or otherwise compensating victims of) land lost since June 1913, because of racially discriminatory laws. Legislation was also recently approved to protect occupiers of land (which the occupiers do not own), including farm workers.

To achieve and attain the rights of citizens to land, the national Department of Land Affairs initiated the following legislative measures, programmes and projects to achieve its objectives:

The Land Affairs White Paper, 1995, sets out the vision and implementation strategy for South Africa’s land policy. The policy intends to build reconciliation and stability, contribute to economic growth and enhance household welfare.

Restitution of Land Rights, Act 22 of 1994, was difficult in its formulation as the Act had to take into consideration that restitution was not possible in every instance. The Act also had to respect property ownership and land tenure rights. The Land Reconstitution Commission was formed to be the agent of restitution of land rights. The Commission was set up by the Government but was meant to deliver on its mandate as an independent body. A specialised court, the Land Claims Court, was also formed to provide a legal mechanism for the setting of unresolved land claims cases.

Extension of Security of Tenure Act, 62 of 1997
Prevention of Illegal Evictions from and the Unlawful Occupation of Land, Act 19 of 1998
Land Bank Amendment, Act 21 of 1998

Land Reform Implementation Management and Co-Ordination 2
The government has approved the establishment of the Chief Directorate: Land Reform Implementation Management and Co-ordination which should be located in the Branch: Land and Tenure Reform. The Chief Directorate’s aim is the actual delivery of land and tenure reform. This should primarily be done through 9 provincial Land Reform Offices and 36 operational regions (district and/or satellite Land Reform offices).

Important policy and systems developments that should enhance delivery and further broaden its scope are the following:
The approval of version seven of the Grants and Services Document that regulates the use of grants. This version enables spending against Land Redistribution for Agricultural Development (LRAD) and the new grant structure.

Financial and responsibility management delegations in terms of the Provision of Land and Assistance Act, 1993 (Act 126 of 1993), as well as the related structures for project assessment and approval at district and provincial level respectively, which were finalised in 2001.
The LRAD planning agreement with the Land Bank in August 2001.
To this end permanent delegates visited provinces to determine the effectiveness of government’s policies in their respective provinces.

The Impact of National Agricultural and Land Policies on Respective Provinces
In terms of the Constitution of South Africa, 1996 (Act 108 of 1996), agricultural support to farmers is vested in the provincial government, which provide farmers with a range of services. The national Government retains the overall regulatory and policy functions and agricultural trade and marketing.

The Department of Agriculture, within its Land Care programme, has rehabilitated approximately 800 hectares of potential agricultural land through its Soil Care projects in the Eastern Cape, Mpumalanga and Kwa-Zulu-Natal. Approximately 1 786 jobs were created. Altogether, 25 Land Care projects were implemented in the North West province, resulting in the rehabilitation of 10 000 hectares of agricultural land and the creation of 640 temporary jobs. Junior Land Care projects were established in various provincial departments.

An assessment of all site visits and meetings with relevant stakeholders was captured in a full report, which is available from the Clerk of Papers
Implementation of National Agricultural and Land policies within Respective Provinces
The sections below provide an overview of the findings of delegates that visited agricultural sites, met with provincial Departments of Agriculture and other stakeholders to assess the progress and problems encountered in undertaking national government’s agricultural strategy. The sites visited were in the following provinces – Eastern Cape, Gauteng, KwaZulu-Natal and Mpumalanga.

Eastern Cape
13 site visits were undertaken and the sections below reflect information collated from 3 sample case studies to highlight the nature of agricultural initiatives in the province.

Ncora Irrigation Scheme
Projects in this scheme include nursery, bakery, cattle and sheep farming, sewing and catering.

Findings
The scheme is doing well in that it has 19 full time employees and during harvest time, employs casual employees.
The scheme has now produced Nguni breed of cattle, which is disease and drought resistant.
The Department of Agriculture has promised to fence the land.

Problems
There is a problem in that there is a shortage of equipment such as baking ovens and transport for the delivery of produce.
There is no proper training for the staff in the bakery.

Qamata Irrigation Scheme
The scheme has a number of projects including fencing, hemp and cotton planting. The Premier’s Office has donated R7.2 million to the scheme. This money was allocated for fencing and planting of crops. There is 600 hectares of government land without any infrastructure. Emerging farmers were each given permission to occupy 1.5 hectares of land.

Findings
The Chris Hani Municipality assists the scheme with financial and other resources.
The land is owned by the Department of Land Affairs and is leased to emerging farmers.
Eskom also assists through the empowerment of youth programmes.

Problems
Emerging farmers are not allowed to plant hemp since it is illegal.
The R2.1 million promised by the MEC’s office has not been allocated to the scheme, given the fact that requirements by the Department were not met.

Tyhefu Pineapple Project
There are 77 permanent workers on this project, of which 80% are women and youth, and 20% men. The Project also has a committee consisting of 3 from the Trust, 2 of whom represent the workers and 2 from the Farmers’ Association. During harvest time, the project harvests 45 tons per hectare. The profit is 40% for the workers, 40% for the Trust and 20% for Pineapple Growers Association. The project supplies an East London factory

Findings
With the profits made, the project commenced building accommodation for the workers (an 8 roomed house). They have 9 tractors, but need 15 to operate successfully.

Of the R1.3 million generated this year, 40% of the operational budget went to infrastructure (capital costs).
156 hectares had been planted and would be ready in June 2005.
About 2500 people would be employed if the full potential of the farms is utilised. The project intends sending their produce to Switzerland. The money generated would assist in the social needs of the workers.

Problems
The project members were unhappy with the conditions of an annual lease agreement for the land with the Department of Land Affairs.
The project has no contribution from the Government, other than a soft loan.
The representatives noted that the project was promised R10 million as a grant by the Department of Agriculture but did not receive that amount.

Gauteng
During the provincial week, the delegation briefed the Legislature on Bills and visited sites of garden produce.
3 site visits were undertaken by the delegation and the sections below highlight the outcome of these visits.

Lusaka (Reitvlei)
This project was approved in 1998 with a total grant of R114 074.00. It was initiated in 1999 by unemployed community members of Lusaka and a squatter camp in Krugersdorp (Mogale City). The project began with 38 beneficiaries, consisting of 18 males and 20 females. Currently, there are 10 beneficiaries – 7 males and 3 females.
The enterprise is vegetable production. The land, a 5-hectare plot, was donated to the Lusaka Social and Environmental Group by the Local Council. The beneficiaries were given right to use the land for a period of 5 to 7 years. Farming was initiated in this project in 2000 and the beneficiaries plant carrots, cabbages, spinach, onion and potatoes.

Benefits
The project members have benefited by: harvesting crops from the garden for household consumption.
Acquiring skills like marketing, management and record keeping.
Surplus produce sold for income generation.
The project has also benefited the community in that vegetables are donated to bereaved families at times of funerals.

Challenges
Chickens from the local area cause damage to the crops.
Maintenance of the number of beneficiaries in the project.
Youth involvement in the project.

Thlabologo (Pelsvale)
This project was approved in 2000 with a grant totalling the amount of R4000.00. Beneficiaries of the project are unemployed community members of Mohlakeng. 7 female members were original beneficiaries and 1 male has since joined the project.
The project is situated on private land owned by a Local Council Member. The size of the land is 1 hectare. The donor of the land is willing to give the beneficiaries use of the land for as long as they need it. This is on condition that they have their own boreholes.

Benefits
The project supplies most of Mohlakeng communities with fresh vegetables.
Harvesting crops for household consumption.
Beneficiaries deliver produce to the Mohlakeng crèche.
Project members have a small vegetable stall at the corner of their office street.
Members have gained skills in bookkeeping, marketing and group dynamics.

Challenges
Beneficiaries come in and out of the project.
Shortage of water as the borehole is also used by the landowner.
*Serious frost period in the area around June.
Problems with rabbits eating the vegetables.

Songqobile (Bekkersdal)
The project began by the former Member of the Executive Council (Gauteng Legislature) in 1998, with 98 members who received a total grant of R300 000. Of the 98 project members, only 5 members remain. The project was subsequently revived when people in the locality won an award of R90 000.

Benefits
Harvesting crops for household consumption.
Beneficiaries deliver to the local crèches.
Vegetables are donated t bereaved families at times of funeral.

Challenges
The project needs a tractor for cultivating crops.
There are problems in that people are stealing necessary materials such as wire from the project.
There is no electricity.
No clean water for drinking.

KwaZulu-Natal
4 site visits were conducted in this province and the sections below highlight the findings of this visit.

Ezemvelo
Ezemvelo is a community driven, accredited organic agricultural project (dealing in potatoes, madoombies, green beans, soya beans and sweet potatoes) driven by small-scale farmers. The project began in 1999 with 20 members. Most of the produce grown at this project is sold to Woolworths and Pick and Pay.
The government assisted the project with an amount of approximately R500 000 million. The members received seed from the Department of Agriculture in Umbumbulu.

Challenges
The water project is still under construction and the members complained that this process is taking far too long.

Visit to a Permaculture Project at Mpophomeni, Howick
Khetindlala is a permaculture project began in 1998 with 25 members but now has 16 members. Each member owns a plot and the project began showing progress in 2000.

The government assists in monitoring the project and has contributed approximately R45 000 worth of pipes and pumps. However, the community is not comfortable with the irrigation scheme.

Challenges
There is a lack of funds since the produce grown does not generate much income due high levels of unemployment.

The community prefers hosepipe irrigation to the system installed by the Department.
Water is scarce since the tank, which is two years old, has not been installed due to a lack of funds.
The income generated from selling the produce is inadequate and many of the members do not have
other forms of employment.

Visit to Thuthukani Flower Farm, Mooi River
Ms Robin McKenzie, Female Farmer of the Year, 2002, produces bulbs for export. She has created an opportunity for her employees to become part of the Black Employment Programme to take over the scale of cut flowers of her business to generate income. The project has been approved and is in the process of implementation.

Ms McKenzie approached the department during the awards and since November 2002, has managed to sign papers that deal with the funding of the project. Ms McKenzie mentioned that she was always willing to assist with the training of members at Thuthukani to expose them to different markets. The Department also assists in training the project members in business skills.

Challenges
Difficulty in coping with overseas markets because of changes.
Generation of funds to kick start the project.
Employees do not have a place of their own to work, and Ms McKenzie has allowed them to use part of her shed.

Visit to Weenen Town Hall – meeting with the Nkaseni and Gongolo farm residents
The delegation met with the Nkaseni and Gongolo farm residents at the Weenen Town Hall.
Weenen Peace Development Committee represented the Nkaseni Community. Nkaseni is situated near Weenen and was original ly the first labour tenant project to go through in South Africa.

Tenants are currently farming the land relatively successfully and are trying to access grants through LRAD programmes to extend their agricultural business. The project recently received a Writ from the National Department of Agriculture for overgrazing the land. This has raised interesting challenges, which could arise and impact on other land reform/agricultural projects.

The Gongolo Farms is an area covering over 16 farms between Weenen and Estcourt. Over 1000 people reside on these farms as occupiers or tenants. Many tenants have lodged applications under the Labour Tenants Act, ----, to acquire the land. There is also a restitution claim over the same piece of land by people who were removed from the area. The restitution claimants and the residents of the land have organised representative committees. This is a project of both the Restitution Committee and the Provincial Office of Land Affairs.

Challenges
The processing of the claims is taking too long.
Farmers want to convert the area into a game reserve.
Commercial farmers felt that they would be evicted off their farms once it was given back to the original owners of the land.

Mpumalanga
In August 2001, the Minister of Agriculture and Land Affairs, Ms Thoko Didiza, officially launched the LRAD programme at Nkomazi in Mpumalanga. This paved the way for implementation in other provinces.
The Nkomazi Project involved 241 LRAD grant beneficiaries. The main objective of the LRAD, in line with the Department’s mission to provide access to land and to extend land rights to the previously disadvantaged communities, is to redistribute white-owned agricultural land to black people.

By June 2002, 4 823 beneficiaries had received the LRAD grant that had delivered approximately 100 000 hectares of land amounting to about 164 farms. There were also 136 beneficiaries who had received a combination of grant and loan components from the Land Bank with the delivery of 2 203 hectares of land.

Delivery by provincial Land Reform offices for the 2001/02 financial year involved 418 projects that benefited in access of 83 530 beneficiaries, and/or households of about 365 993 2536 hectares.
The Land Bank received 450 applications for loans. Of these applications, 152 were approved and of these approvals, 14 transferred/or actually received their loans by March 2002.

The approved projects involved 14 091 hectares, while the transferred projects involved 2 203 hectares and 36 beneficiaries.

Briefing by the Department of Agriculture, Conservation and Environment on LRAD Programmes
Nkomasi Project
In August 2001, 7 projects were launched in Nkomasi. Amongst these projects, the Sugar Cane Project was financed by grants from the Department of Land Affairs and a loan from the Land Bank.

There are two forms of grant support: support grants for projects approved by the Department with no loan component, and projects funded by the Land Bank with a loan component.

Recommendations to the provincial Department
Emerging farmers should be advised on various forms of farming in order to diversify given the fact that sugar cane farming is declining.
There should be proper management of farming infrastructures.
The Department should facilitate joint ventures between established and emerging farmers.
Farmers should be advised and encouraged to replant timeously.

Briefing by the Department of Land Affairs
Key Issues
Amount allocated for the financial year, 2003/04 is R37 million. This money is earmarked for LRAD projects.
47 LRAD projects have been approved throughout the province.
Land Reform Projects – the Land Bank has approved R50 million for these projects, but funding will be prioritised to projects approved by the Department.
There is a problem encountered with land not being used for a year, and this could affect land reform.

Update on Delivery
It was reported that other projects are not doing well because groups in a project have different needs. However, there are certain projects listed below that are making good progress:
The Nkomasi Project, which is doing well with a turnover of R100 000 per year.
The lemon project, with the involvement of women and youth is also well managed.
Share Equity Scheme, which supplies beef to the country, is doing well.

Labour Tenant
It was reported that 12 000 applicants had been registered. Furthermore, the Department reported that 58 600 hectares of land to 5600 beneficiaries had been delivered. Within the LRAD project, 1550 hectares of land with 1500 applicants had been received.

Briefing by the Land Commission
Update on Claims
In 2000, there were no claims resolved.
In 2000/02, 3 claims were settled.
In 2001/2, 252 claims were settled.
In 2002/03, 381 claims were settled.
448 beneficiaries received financial compensation.
87 claims were dismissed and 28.1% claims are outstanding.
8398 households are involved in land claims.
29 000 hectares of land has been restored at a cost of R74 million.
R9.8 million has been set aside for land compensation,
settlement of grants for planning and maintenance of infrastructure.

Challenges
No interaction between the three spheres of government.
Office of the Land Claims Commissioner is not accessible.
No monitoring of programmes initiated by the Land Commission.
Offices are not adequately resourced.

Recommendations
Communication between Government and the Office of the Land Commission should be improved.
There should be separate Land Commissioners assigned for the Limpopo and Mpumalanga Provinces to improve service delivery.
Post redistribution – there should be a follow up on post settlement issues and these should be done jointly with district and local municipalities.
There should be proper monitoring of the programmes in the province.
If there is a problem of scarce resources, the request should be made and forwarded to the Office of the National Treasury.

Meeting with the Land Bank
Projects Funded by the Land Bank
Women Project: Nkomazi Irrigation Expansion Programme situated at Malelane, Nkomatipoort. This is a sugar cane project with 311 beneficiaries. The turnover of this project is R140 million.
Kanhym Estate, situated in Middleburg is an Agribusiness Venture and has 500 workers and a turnover of R132.5 million.

LRAD Status
In total, there were 151 applications received for funding projects in the province. Of these, 106 applications were not approved.

Corporate Social Investment
R715 000 has been budgeted for Corporate Social Investment. This includes funding for bursaries and skills development programmes.

Challenges
Communities living in areas adjacent provincial boundaries do not have projects earmarked for them.
Grants that are not approved.
Process of quantum evaluation by the Land Bank for the Tenbosch district is slow.
No gender-disaggregated data is available for each project.
No mechanisms in place to monitor progress in respect of projects.
Concern was raised about the criteria used to select emerging farmers.
Natural disasters.
Agricultural debt (former homelands)
Business processing was a problem.

Recommendations
Communities granted these loans should be more empowered and assisted to run these projects.
More assistance to be given to emerging farmers.
The Land Bank is to work out a concrete proposal for after care processes in post disaster situations.

Briefing by TRAC – the Rural Action Committee
TRAC has been engaged in 2 programmes to assist the communities. These programmes encompass the following:
Rights based education for farm dwellers.
Development of the Mpumalanga Legal Cluster, to assist with litigation against abusive farm owners.

Challenges
There is minimum support for emerging farmers in terms of resources.
There are no clear roles amongst stakeholders and this causes confusion to beneficiaries.
Tenure Reform Legislation needs to be strengthened by Government.
Rights of farmers to be fully protected as stipulated by the Constitution.
Eviction by white farmers should be carefully assessed.
Commercial farmers do not comply with the new national wage framework.
5 site visits were undertaken in the Mpumalanga province and the sections below provide an overview of the findings:

Land Rehabilitation Sites in Malekutu (85 hectares)
The Farmers’ Association consists of 80 farmers. The objective is to rehabilitate the land that was eroded by heavy floods so that the land is re-used for the production and planting of crops such as maize, groundnuts, etc. so that job opportunities are created.
The Department of Social Development drives the project and starter packs were provided for this project. Application for funding was made to the Department of Land Affairs and R146 000 was approved and granted. The money was used for infrastructure development and for wages.

Findings
The land is very dry and no pre-study was conducted to check the viability of the land.
There is no co-operation between the Departments of Land Affairs, Social Development and Agriculture.
Farmers rely mainly on rain for their crops, as there is no running water.
There are no measures in place to ensure sustainability.
The land is not handed over to the project members.

Recommendations
More funding is needed for agricultural starter packs.
There should be a complete handover of the land.
Crops should adapt to climate changes.
Farmers should be trained.
Irrigation systems should be improved.
The Department of Land Affairs and Agriculture should ensure that the project is sustainable.

Visit to Caroline
Initiated in 2001, the project specialised in the production of strawberries. Other products such as lettuce, celery and spinach are also produced. 60 members are involved in this project and this includes 32 disabled and aged. The project was funded by the LEAD project, and R2.2 million was approved and granted. There is a market for the produce from this project, mainly in Pretoria.
The Departments of Agriculture, Labour and Local Municipalities assisted the project.

Findings
Although the project has an irrigation problem, there is enough water to sustain crops. Reservoir tanks from boreholes are used.
The number of beneficiaries is too large.
The municipality owns the land.

Visit to Grootvlei
The aim of the project is to significantly reduce the excessive soil erosion at the Grootvlei catchment area and to restore the land for optimum utilisation.

Findings
Non-conservation work on the land leads to soil erosion.
Some farmers have built grass banks along the fences to prevent erosion, but instead, this causes more damage to the land as well as to farms lying next to next to these areas.
The total soil losses have been estimated at 168 312 tons per year.

Qhubekani Wesselton Garden Project
The aim of this project is to rehabilitate degraded land near the township and turn it into a vegetable garden. The project began in 1996 and progressed slowly because of scarce resources. Beneficiaries of this project are 20 women. The Department of Land Affairs and Agriculture assisted the project.

Findings
The project is doing well and waterways are being built to prevent soil erosion.
The project owes R25 000 to the Municipality.
The Council is to provide titles to members to enable full ownership for further development.

Visit to Botshapelo
The Municipality currently owns farms and land in this area.

Findings
There is no complete handover of land to the claimants and the land is at present unregistered. The process is rather slow, as the Municipality is not fully committed to the project, although the project was promised a contribution of R1 million.

Recommendations
The local Municipality needs to be involved in post settlement.
The process of complete handover should be processed without delay.
Infrastructure needs to be improved.
The Department of Agriculture needs to be fully engaged in the development of this project.

Findings of oversight visit on agricultural and land issues in the following provinces – Free State, Limpopo, Northern Cape, North West and Western Cape
Tables 1-5 below provide an overview of the findings of oversight visits on agricultural and land issues in Free State, Limpopo, Northern Cape, North West and Western Cape.

Table 1: Free State

Agricultural Issues

The Department is engaged in the establishment of projects such as Fouriesburg Poultry Abattoir, which attracts customers as far as Lesotho. The Apple Project in Bethelem exports apples to Europe.
An amount of R500 000 was received from the National Department of Agriculture to conduct training and Glen College of Agriculture offers short courses to emerging fa rmers and facilitates training for newly settled farmers free of charge.
The National Agricultural Marketing Council (NAMC) provides information to emerging farmers, whilst the Agricultural Economic Unit facilitates the contact between farmers through the Extension Service.
60% of the Agricultural Research Council’s Institute for Agricultural Engineering budget is earmarked for research and engineering support.
The Land Bank provides support to emerging Land Reform beneficiaries through training and financial assistance. An amount of R13.2 million has been approved for Land Reform beneficiaries.
The Department holds information meeting twice per year in each Extension Ward and regular imbizo’s are held between districts and municipalities.

Local Government and Agriculture

Local government in the province plays a role in accelerating agricultural strategies and structures dealing with agricultural and land affairs matters have been established.
Funds obtained from the Local Economic Development Fund are used to initiate poverty alleviation projects. Integrated Development Plans (IDPs) are developed in conjunction with provincial departmental programmes. The Maluti-Phufong Agricultural Cluster is one example of a success story.
Ward councillors promote provincial LRAD programmes and in each ward, there are structures such as the Ward Development Committee, which is responsible for identifying local needs and information dissemination about projects.
All nodal areas have been incorporated into the IDP.
Local government plays a role in providing a detailed database for provincial departments on areas affected by extreme poverty. Integrated food security programmes are earmarked for families with less than R200 income per month.

Land Issues

To date, 1 602 claims have been received – 270 in urban areas and 50 in rural areas.
The Free State province represents 32% of the overall number of claims instituted nationally.
The provincial Department of Land Affairs has delivered 483 738 19 hectares of land for commonage purposes to 4887 households, 482 of whom are female. This is mainly in urban areas.

Challenges

Limited budget for Land Reform does not allow the Department to redistribute 30% of agricultural land as envisaged. There is not enough co-ordination between the national and provincial Departments of Land Affairs when preparing business plans for potential beneficiaries.
A limited number of students are absorbed into the industry, although training has benefited the farming industry.
Some small municipalities do not have the funds and the capacity to integrate ISRDs with their IDPs.
Most rural claims in former homelands are unregistered and under surveyed with no titles or maps. Thus, determining the monetary value of claims of this nature in rural areas is difficult. Most rural claimants do not have the required copies of personal documents such as marriage certificates, etc.
Exorbitant prices charged per hectares, protracted negotiations, disputes and mediation, financial compensation resulting in family disputes, lack of farming technical skills by beneficiaries from land restitution, are some of the problems encountered in addressing land claims.
The main challenge faced by the Department in the post-development process is to ensure that there is synergy and alignment in the planning process of the Department of Land Affairs and other government agencies in order to ensure post-settlement services.
The LRAD sub-programme has proved popular but the limited resources necessary for the implementation of the programme limits its full success. There are a number of projects that had to be delayed and it is estimated that a capital budget of R1.7 billion per annum is required for the purchase of land to meet the target of 30% delivery of agricultural land by 2015.
There is a need to deal effectively with local institutions and role players involved in agricultural and land issues.
Local government structures often do not have the capacity to spend balance of grants and/or co-ordinate post land transfer support to beneficiaries of land reform projects.
Lack of effective project support, particularly from the provincial Department of Agriculture and various organisations of civil society.

Recommendations

Co-operative governance can greatly enhance the rehabilitation programmes where there is great interdepartmental co-operation.
The private and Non Governmental Sector (NGO) sectors would need to forge relationships with the Provincial Land Reform Offices.
Allocation of resources, both human and financial continues to be a challenge. Land reform cannot be implemented if the resources are inadequate.
Research institutions should assist the Department of Land Affairs in determining the exact nature for demand of land.
Support from key government departments in the policy development process and post-settlement support is critical.


Table 2: Limpopo

Agricultural Issues

The provincial Department of Agriculture provides support services and agricultural extension services in line with the National Government’s Agricultural Strategy. This includes animal production, rehabilitation of irrigation schemes, and support to the LRAD and land restitution.
The provincial Department holds joint planning sessions with the Office of the Land Claims Commissioner and Land Affairs and Extension Support in the implementation of LRAD.
With regard to Land Care Programmes, projects are implemented in partnership with other programmes to ensure coherence.
The Food Security programmes in the province encompass the following structures: Office Development Assistance, Limpopo Agricultural Development Programme, Broadening Agricultural BASED, FAO (SPFS) and Backyard Production.

Local Government
and Agriculture

No data was captured on this aspect for this province.

Land Issues

5 809 claims were lodged of which 1 648 have been settled. Of these, 760 an d 888 are rural and urban respectively.
There are approximately 3 880 outstanding claims. This is attributed to the shortage of staff, vehicles and office space in the Office of the Commission.
Communication strategies have also been established to enable rural communities to access relevant offices and interact with important stakeholders in the land claims process. These strategies include Land Claims Forums and Workshops in District Municipalities, structured meetings with Agricultural Unions, participation in the Limpopo Executive Council Meet the People, media coverage, distribution of publicity materials and frequent interaction with claimant communities.
In pursuing the Integrated Development Programmes, the Commission jointly co-operates with structures such as the Limpopo Agricultural Strategic Team (LIMPAST), Limpopo Agricultural Development Forums (LADF), and is part of the Tripartite Agreement with the Land Bank and National Development Agency (NDA). These structures promote agricultural development in the province.

Challenges

There is no clarity on land ownership and management of Community Property Associations (CPAs), and traditional authorities, as the Communal Land Rights Bill has not yet been passed into law. In absence of legislation on tenure rights, some of the traditional authorities are of the opinion that insecurity of tenure over communal land can be addressed through restitution. The Commission faces the challenge of facilitating debate on reconciling the interests of both the executive members of the CPA and the individuals they represent.
There are land claims on the former ARDC projects that have negative implications on long term planning for these projects.
The Department is further challenged by corruption, abuse of power, and violation of the CPA Constitutions by the leadership.
The Office of the Land Claims Commission operates on a staff complement of 35 people and needs 53 more employees for additional capacity. The Commission needs additional funding for offices and office equipment.
Shortage of vehicles is a major problem for the Commission.
There is a definite need to develop and maintain open lines of communication with white farmers to solicit their support in post settlement mentorship programmes, and strategic partnership ventures.
The current owners on whose land, restitution claims are lodged are hiding behind the willing-seller-willing-buyer principle of the legislation.
The challenge of dealing with vast needs identified within claimant communities, such as: who benefits and how land is awarded as part of the settlement, needs of young versus the old in settled claims, capacity building, gender focus and the issue of traditional authorities versus CPA executives.
If the pending Communal Land Rights legislation is further delayed and unresolved, the relationship between the Traditional Authority/Leadership and the Government, particularly Regional Land Claims Commission will remain fragile and uncooperative, as some of the claims are lodged/settled against the land currently under the jurisdiction of the former. Furthermore, the insecure tenure of rights on land under the jurisdiction of the Traditional Authority/Leadership overburdens the under-resourced Regional Land Claims Commission as the former also attempt to restore tenure rights through the land restitution process by lodging claims against the same land they currently occupy and control.
Some CPAs, particularly Executive Committees, are not functioning according to the principles and values of the CPA legislation due to individual aspirations or self interests.

Recommendations

No recommendations were captured in this province.


Table 3: Northern Cape

Agricultural Issues

The Northern Cape, in keeping with National Government’s agricultural strategy is concentrating on livestock strategies that focus on maximising the sheep industry. A livestock improvement programme supplies animals to beneficiaries settled on 15 000 hectares of former state land.
In its implementation of the LRAD, the provincial Department of Agriculture has prepared a business plan, and a grants committee has been established by both the Departments of Agriculture and Land Affairs, to accelerate the development of emerging farmers into commercial farmers. A pre and post settlement manual for restitution and land tenure reform is now in its draft form. The province has also secured 4 000 water rights to settle emerging farmers.
There are 120 Land Care Projects in the province, with R1.8 million allocated to the projects.
There is an economic unit in the department that assists in developing business plans for production, marketing and preparation of the soil. Extension Officers also assist with production intended for trade purposes. The National Agricultural Marketing Council (NAMC) works closely with the economic unit in the Department. The Agricultural Research Council (ARC) provides specialist advice to the various agricultural projects.
The food security programmes were launched in 2002 and starter packs were distributed. The distribution of emergency food parcels and food safety campaigns play a major role in this province.
The Department is simplifying and structuring a training programme for emerging farmers.

Local Government
and Agriculture

South African Local Government Association’s role depends on the extent to which the provincial department of agriculture asks for assistance.
There are some local municipalities’ programmes for poverty alleviation.
Ward councillors assist beneficiaries to set up food gardens.
Aligning departments and local government on IDPs is difficult. Agricultural programmes still experience difficulties, as municipalities are not taken on board.

Land Issues

2 998 claims were instituted in this province.
454 were successful – 429 restoration and 25 compensation.
The number of beneficiaries from restitution and compensation amounted to 22 502.
2544 claims are outstanding.
The Provincial Land Reform Office in the Northern Cape, together with various municipalities has redistributed thousands of hectares of land for purposes of commonage programmes. Almost 1205 households have benefited from the commonage programmes, and 410 009, 93 hectares of land has been redistributed.
The Office of the Land Claims Commission is understaffed.
The Department has initiated LRAD, Commonage, Settlement, Equity Schemes and Tenure programmes.

Challenges

People do not have access to resources and machinery to pursue agricultural activities and rely totally on the state to develop their land. Further, when the land is registered to a CPA, the CPA members regard the property as their own and deny access to land to other members of the community.
The major challenge facing post-settlement programmes is the alignment of budgets by relevant government departments. Often projects collapse because of the unavailability of sufficient funds.
Divisions based on historical conflicts amongst factions of claimants slow the processing of land reform.
Lack of co-operation from current landowners.
Municipalities do not fully understand the restitution programmes.

Recommendations

The Department of Land Affairs and the Government in general, should consider developing a strategy of retaining skilled personnel and guarantee their employment after 2005.
The Restitution Act of 1994 should be urgently amended to give the Minister of Land Affairs and Agriculture powers to expropriate land, where necessary.
Municipalities should prioritise restitution and work toward the achievement of government goals.
More funds should be allocated to the restitution component.


Table 4: North West

Agricultural Issues

The Provincial Department’s priorities and strategic interventions in the agricultural sector are based on the Strategic Plan for South African Agriculture. Some elements of the national strategy are not included in the provincial strategic plan, but is being introduced in the final implementation plan.
With regard to the LRAD, the Department has implemented three pilot projects. One programme is implemented in collaboration with the DLA and Land Bank, with the objective to ensure land for agricultural purposes to those previously denied opportunities. To date, approximately R5.3 million and R6.1 million have been disbursed in the form of grants and loans respectively, to co-finance 18 LRAD projects and benefits 113 applicants.
14 Land Care Projects were targeted and 17 implemented, whilst the existing 72 were supported with post-development support. These projects provided infrastructure for beef production and created 2 300 jobs.
The Executive Council has resolved to establish the Provincial High-level Trade Forum with the objective to study various protocol agreements of other countries to access international markets.
Plans are complete for the Provincial Project of Letsema-la-mantshatla, which aims to address widespread food insecurity. 53 villages in 11 municipalities have been targeted since April 2003.

Local Government
and Agriculture

No data was captured for this section.

Land Issues

No data was captured for the amount of claims for restitution or the number of beneficiaries.
The number of farm workers and tenants who have acquired access through land restitution programmes was 272 households.
The Department initiated the following land redistribution programmes – LRAD, commonage, land for settlement and production, land for farm workers and land for labour tenants and Equity Schemes.
To date, the following successes have been noted:
Production (Settlement Land Acquisition Grants (SLAG))
12 farms transferred measuring 5 289.4957 hectares.
Production and Settlement (SLAG)
9 farms transferred, measuring 6 336.331 hectares
Land for Settlement (SLAG)
9 farms transferred measuring 3 708.9851 hectares.
Commonages
10 farms transferred, measuring 13 946.29 hectares
Share Equity Schemes (SLAG)
1 farm transferred, measuring 1 846.00 hectares.
LRAD
28 farms transferred, measuring 19 535.8964 hectares.

Challenges

The absence or lack of alignment of budgets to provide post-settlement support to land reform projects across all relevant stakeholders is problematic.
Lack of commitment and sense of project ownership from beneficiaries.
High land prices asked, which lead to distortion of the market and disqualifies those who receive grants.
Beneficiaries embark on unsustainable projects and there is no visible improvement in their livelihoods.
Unavailability of support packages, which result in the full agricultural activities, listed in business plans not being achieved. This results in the degradation of prime land.
Inadequate legal representation for farm workers.
Newly established Land Reform Projects are crippled by the Water Tax, which amounts to approximately R900 per month.
Non-availability of support packages from various government departments and other relevant stakeholders.

Recommendations

No recommendations were listed for this province.


Table 5: Western Cape

 

Western Cape

Agricultural Issues

No information was captured on how the provincial department is working toward acceleration national Government’s Agricultural Strategy.
The strategies utilised by the Department for increasing agricultural productivity and profitability in the Province include the following:
* The Provincial Department has a comprehensive research programme. Through 205 research projects, technologies that are relevant to farming enterprises in the five agro-ecological regions of the Western Cape are developed. The focus is on a significant reduction of input costs and the increasing of profit margins within the animal and crop production enterprises.
* A second major strategy undertaken is the transfer of the results of these research projects to farmers. This is done through the execution of 142 technology transfer projects.
Two existing projects toward initiating partnerships for the promotion of provincial agricultural products in South Africa and abroad are currently being implemented.
The Provincial Department, through the Directorate: Training and Elsenburg College of Agriculture, offers short courses through the General Education and Training and Further Training bands to develop the skills of emerging farmers.

Local Government
and Agriculture

Each district municipality has a district level, "District Assessment Committee" to assess proposed projects.
Municipalities are the custodians of the land use management system.

Land Issues

Officially, a total of 12 750 claims have been recorded for restitution.
4 779 claims have been settled.

Recommendations

No recommendations were listed for this province.


An assessment of all site visits and meetings with relevant stakeholders was captured in a full report, which is available from the Clerk of Papers, Parliament of the Republic of South Africa.