This document provides an analysis of the 2004/05 Annual Report of the Department of Land Affairs. The analysis is posited using the framework contained within the National Treasury, 'Guideline for Legislative Oversight through Annual Report, 26 January 2005. Using the objectives from the Guideline as a source document, and the targets set in the Department's Strategic Plan (2004 - 2007), one can gauge the impact of the various programmes in the sector.

2. VISION OF THE DEPARTMENT

The Vision of the Department is to create an equitable and sustainable land dispensation that promotes social and economic development

3. MISSION STATEMENT OF THE DEPARTMENT

The Departments mission is to provide access to land and to extend rights in land, with particular emphasis on the previously disadvantaged communities, within a well planned environment.

4. THE DEPARTMENT'S KEY STRATEGIC OBJECTIVES

The main strategic goals of the Department of Land Affairs are the:

· Provision of access to land.

· Provision of rights in land.

· Effective land planning and information. Improvement of stakeholder relations.

· Promotion of intra-departmental excellence

· Improvement and alignment of systems and processes

5. PROGRAMME PERFORMANCE: ANNUAL REPORT (2004/05)

5.1. Programme 1: Administration

The programme deals with the overall management of the Department.

5.2. Programme 2: Surveys and Mapping

The objective of the programme is to enhance planning and monitoring of land reform, national infrastructure and sustainable development by providing up-to-date and accessible maps and other geo-spatial information, imagery, and integrated spatial reference framework. The following achievements were recorded:

· Producing and revising maps: The target of producing or revising 1500 maps for 2004/05 was exceeded by 213 maps (1 713 maps produced).

· Aerial Photography: Two satellite applications were launched by the Department, namely, the Moderate Imaging Spectro Radio Meter (MODIS) and the free access to Lindsat imagery for the Southern African Development Community (SADC) region. As a result, the 600 000 coverage of aerial photography was exceeded was exceeded. (The coverage is 1.22 million km).

· Geo-Spatial Information Products: Approximately 320 images were processed to orthor-rectification in under three months and supplied to Statistics South Africa as requested.

QUESTION:

· How has the network of continuously operating global positioning system stations, TRIGNET, been improved to ensure a reliable service?

5.3. Programme 3: Cadastral services

The aim of the programme is to ensure accurate cadastral surveys provide cadastral information services to support land reform and development. The following achievements for 2004/05 were noted:

• Turn around time: improvements on an average turn-around time of less than 15 days were noted (on bulk extracts of cadastral information). The implemented auto emailing system improved the delivery time for electronic images and eliminated the need for human intervention.

QUESTION:

· How is the department creating awareness to the public with regard to the innovative services such as Auto E-mailer?

5.4. Programme 4: Restitution

The objective of the programme is to provide access to rights in land to persons and communities dispossessed of such rights after 19 June 1913. For the 2004/05, the following key achievements were noted:

Number of Claims Settled: by the end of the 2004/05 financial year, 59 345 were settled (compared to 48 825 by March 2004). The increase in settled claims is 13% lower than the previous year, but remain in an upward trend. The total number of claims settled to date is 6 536 rural claims and 52 809 urban claims. The number of hectares restored increased from 810 292 from the previous financial year to 887 093 (a difference of 76801 hectares).

QUESTIONS:

· What pre- and post-settlement support services or programmes within the DLA are available to restitution beneficiaries? Does the DLA have enough capacity to provide effective support to restitution beneficiaries?

· How many claims have entered into strategic partnerships with private organisations? Is an evaluation procedure in place to assess the viability of business partnership proposals by private organisation to ensure that beneficiaries are taken advantaged of?

· Taking into consideration the considerable amount of time that an expropriation case may take in court, to what extent will expropriation affect the rate of settlement of rural claims?

5.5. Land Reform

The aim of the programme is to develop and refine legislation.

· Legislation: the review of the Community Property Act (CPA) was also completed. The Communal Land Bill was enacted on 14 July 2004 (Act 11 of 2004), and the Implementation Strategy and Programme regarding the Act will be finalised by the end of August 2005. A draft ESTA/Labour tenants bill is available but further consultations are necessary before the bill can be gazetted.

· State Land Disposal: Approximately 72 687 ha of DLA-controlled land has been disposed of in the year under review (since 1994 approximately 609 687 ha has been disposed). The land has been disposed to mainly emerging black farmers through transfers and options of purchase.

QUESTIONS:

· A major obstacle to the potentially positive effect of land reform on economic development and the quality of life of beneficiaries is the currently inadequate level of agricultural support given to the beneficiaries, before and after land has been transferred. What is the Department's strategy with regard to ensuring that land reform beneficiaries have access to adequate agricultural support?

· The challenge for the Land Redistribution for Agricultural Development (LRAD) programme is ensuring that its projects remain viable. How strong is the link between LRAD and CASP? How many LRAD projects have benefited from the CASP programme?

5.6. Spatial Planning

This programme is mandated with the establishment of an effective and efficient system of spatial planning, land use management and spatial information systems in support of national development. The following key achievements were noted7:

· Mapping and integration of land reform and restitution projects into Integrated Development Plans (IDP): the process has been completed in Kwazulu-Natal and next in line are Mpumalanga, Limpopo and Eastern Cape.

· Transformation of the Planning Profession: Appointment of a representative Council for South African Planners in 2004.

· Environmental Guidelines for land redistribution: the department is already in a process of training redistribution and restitution staff.

QUESTIONS:

· How will the integration of land reform in the environmental planning process affect the MTEF? What is the Department's strategy in ensuring that land reform beneficiaries are not put in a disadvantage by the environmental planning policies adopted by the DLA?

· As an intervention towards reversing the apartheid spatial planning patterns, the DLA promulgated the Development Facilitation Act (67 of 1995), thus creating a platform for the White Paper on Spatial Planning and Land-Use Management in 2001. After four years, how far is the Department in developing a rationalised Spatial Planning and Land Use Management legislative framework as proposed in the White paper?

6. FINANCIAL ANALYSIS

6.1. Report by the Auditor-General (AG)

The Auditor-General's audit included the following:

· Examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, including evidence supporting compliance with relevant laws and regulations applicable to financial matters.

· Assessing the accounting principles used and significant estimates made by management.

· Evaluating the overall financial presentation.

Three areas of enquiry were raised by the AG's report:

· Forensic investigation into the Regional Land Claims Commissions (RLCCs): the report noted that a completed forensic investigation on one of the RLCCs, revealed that, amongst others, there were significant control deficiencies due to non-compliance with policies and procedures.

· Internal Control Weakness: it was noted that amongst several weaknesses, there was a lack of up to date information on all land available for leasing and disposal. Also, there was a lack of standardisation of documents such as lease agreements and receipts.

· Irregular expenditure: The report noted that there was the Department incurred irregular expenditure of R8, 8 million (of which in 2004 it was 12, 9 million). This was as a result of non-compliance with State Tender Board Regulations, and the departmental procurement policies while in the process of implementing the Supply Chain Management Framework.

QUESTIONS:

· How does the Department plan to apply the Supply Chain Management Framework to address problems around irregular spending? What measures did the department adopt from 2004 up to now, to address irregular spending?

· What measures is the department putting in place to address the issues raised by the AG's report with regard to internal control weaknesses?

· To what extent are the Department's plans in line with international, regional and sub-regional objectives regarding development?

REFERENCES

Department of Land Affairs Annual Report 2004/05

Department of Land Affairs Annual Report 2004/05

Department of Land Affairs Strategic Plan 2004-2007

National Estimates of Expenditure (2004)