PARLIAMENT INFORMATION SERVICES: RESEARCH
By K. Pasensie
27 May 2004
LAND AFFAIRS BUDGET VOTE 30:
AN ANALYSIS
Introduction
TOTAL Land Affairs Budget = R1, 788 152bn |
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Programme |
Amount Allocated |
Percentage |
1. Administration |
187,439 million |
10% |
2. Survey and Mapping |
72,786 million |
4% |
3. Cadastral Surveys |
82, 558 million |
5% |
4. Restitution |
933,225 million |
52% |
5. Land Reform |
473,760 million |
26% |
6. Spatial Planning and Information |
19, 262 million |
1% |
7. Auxiliary and Associated Services |
19, 122 million |
1% |
Note: Percentages are based on own calculations and are based on nominal figures and do not
represent the Real Value.
For the purpose of this brief, an analysis of programmes 4 and 5 are of particular interest because these programmes represent the most pertinent strategic areas. However, it must be noted that the other 5 programmes are not by any means of less importance.
Programme 4: Restitution
Through this programme, the Department of Land Affairs gives effect to Section 42D of the Restitution of Land Rights Act which gives the Minister powers to settle claims administratively. The aim of the programme is thus to restore land and provide suitable compensation to victims of forced removals.
The fact that 52 percent of the entire Land Affairs Budget is allocated to this programme is indicative of the Department, and indeed Government's commitment in terms of restoring land rights as set out in Act 22 of 1994. The programme budget of R933, 225 million is distributed amongst 3 subprograms, of these 83 percent goes to the subprogram Restitution Grants (see table 2 below), which is responsible for the distribution of grants used to restore land and provide alternative land to victims of forced removals.
Table 2: Subprograms as a percentage of entire programme budget
Total Programme Budget = R933,225 million |
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Subprogramme |
Amount Allocated |
Percentage |
1.National Office |
15 011 million |
2% |
2. Regional Office |
142 978 million |
15% |
3. Restitution Grants |
775 236 million |
83% |
It is also interesting to note that during a briefing by the Chief Land Claims Commissioner, Mr. Tozi Gwanya, it was argued that the land rights commission would require R1, 2bn per year to speed up the land restitution programme. Government responded by increasing the expenditure for the Restitution Programme by approximately R1, 6bn. This increase is also not far off the amount of R1, 7bn which the people's Budget Campaign said would be needed to settle the outstanding 36 444 claims by December 2005.
In terms of Programme 4's medium-term output targets, the Department of Land Affairs have set itself the target of settling 23 977 by March 2005, which can only be attainable if the verification and validation processes of the restitution process is dealt expediently. For this reason, the Regional Offices subprogramme, which is responsible for negotiating restitution agreements and providing administrative support to regional land claims commissioners, has seen a significant increase in its budget, form R46 million in 2000/2001 to R155 million in 2006/2007.
Question(s)
1. With the escalation of the average price per ha, will the Programme Budget be adequate to settle the target claims by March 2005?
Programme 5: Land Reform
It is significant to note that the most important subprogramme of this Programme is the Land Reform Grants subprogramme, which receives the bulk (65 percent. See table 2 below)) of the R933 million allocated. The Land Reform Grants subprogramme makes grants available, amongst others, to the Land Reform for Agricultural Development programme (LRAD).
Table 2: Subprogrammes as a percentage of entire programme budget
Total Programme Budget = 933, 225 million |
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Subprogramme |
Amount Allocated |
Percentage |
1. National Office |
48, 465 million |
10% |
2. Regional Office |
115,272 million |
24% |
3.Land Reform Grants |
308, 028 million |
65% |
4. KwaZulu-Natal Ingonyama Trust Board |
|
|
5. Khula Land Reform Credit Facility |
|
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The LRAD has two distinct components: transfer of agricultural land to specific individuals or groups, and commonage projects, which aim to increase access to municipal and tribal land for agricultural purposes. Government's land reform vision is to redistribute 30 percent of land available for agriculture among previously disadvantaged citizens over a maximum period of 15 years. This translates to about 25 million hectares. The minimum target is to distribute 1,2 million hectares of agricultural land per year.
A total of 1 ,5m ha of land has been transferred under the redistribution programme to about 129 093 households between 1994 and December 2002. Approximately 80 percent of approved transfers occurred between 1997 and 2002. There has been a steady increase in redistribution of land per year,
starting with about 12 000 ha in 1995, and reaching a peak of 244 500 ha in 1999. The rate of transfer declined slightly in 2000 because of a moratorium on approving projects, pending the review of the programme. The pace picked up again in 2001, with the launch of LRAD, which removed some of the
impediments in the original programme. However, the annual delivery rate of 250 000 ha is still far short of the envisaged 1,2 million ha/year.
State farms are another source of land for redistribution. The programme for settling farmers on state land is run by the national Department of Agriculture. Land lease arrangements are the most common mechanism for disposing state farms. Where an option to purchase is exercised, it is processed through the LRAD programme. Since 1994 to December 2002, the Department of Land Affairs has redistributed 456 060 ha of state land. This constitutes 68 percent of targeted land (669 00 ha), and 23,8 percent of total redistributed land. About 85 percent of farmers settled on state land have opted for lease arrangements. The average size of transferred state land per household amounts to 116 ha, ranging from 2 210 hectares in Northern Cape to 5 hectares in Western Cape.
The slow pace of redistributing land has often been partly been blamed on some greedy landowners who invoked the Constitution to protect their existing property rights. To circumvent this hurdle, amendments were made to Restitution of Land Rights Act to provide the Minister more effective expropriation powers. While this is commendable it remains to be seen whether it will have any impact in expediting the land redistribution programme. This is said in the context of the medium-term targets the Department set itself. The redistribution targets (by March 2005) are: