Grants and Services of the Land Reform Programme
Department of Land Affairs
15 November 1995
1 INTRODUCTION
2 SETTLEMENT/LAND ACQUISITION GRANT
3 SETTLEMENT PLANNING GRANT
4 DISTRICT PLANS
5 FACILITATION SERVICE
6 TRAINING AND CAPACITY BUILDING SERVICES
7 DISPUTE RESOLUTION SERVICES
8 CONCLUDING COMMENT
1 INTRODUCTION
- 1.1.1
- The Land Reform Programme is a key means of meeting basic needs and eliminating poverty by
providing a resource to enable the poor, landless and aspirant farmers to improve their quality of
life. The Programme contributes to building the economy through providing a resource and asset
base that can generate employment and income, particularly in rural areas. Land Reform is an
integral part of the Reconstruction and Development Programme.
- 1.1.2
- There are three focus areas in the Land Reform Programme, namely:
- REDISTRIBUTION of land to the disadvantaged and the poor;
- RESTITUTION of land rights to the victims of forced removal;
- TENURE REFORM aimed at promoting security of tenure for all.
- 1.1.3
- In designing the grants and services needed to support these three focus areas, recognition is
given to the fact that the provision of land and tenure security alone is not sufficient to guarantee an
improvement of life for land reform beneficiaries. To ensure the productive use of land, the
programme also includes settlement support for land development and capacity building to enable
the beneficiaries to maximise the benefits gained out of securing access to land.
- 1.1.4
- Experience has shown that the grants and services in support of land reform should be capable of
responding to a highly segmented land market, where land is needed for a variety of purposes,
including residential purposes, the provision of community facilities, agriculture, mining and other
productive purposes. The Programme should address the land needs of villagers, town dwellers,
farm workers, labour tenants and aspirant commercial farmers.
- 1.1.5
- The grants and services outlined in this report replace those that have to date been implemented in
terms of the Provision of Certain Land for Settlement Act, (Act 126 of 1993). The grants and
services are built on, and are complementary to the Land Reform Pilot Programme design. The
Pilot will continue to operate in accordance with the RDP approved Business Plan.
The Department of Land Affairs (DLA) offers a number of grants and services in support of the
Land Reform Programme. To varying degrees and in different ways, each of these is applicable to
each of the main Land Reform focus areas, i.e. restitution, redistribution and tenure reform. These
measures include:
Settlement/Land Acquisition Grant This grant is set as a maximum of R15,000 per
beneficiary household, to be used for land acquisition, enhancement of tenure rights, and
investments in infrastructure, home improvements and fencing, according to beneficiary
plans. A land acquisition grant may also be accessed by local authorities to establish
agricultural lease schemes for residents of towns and villages.
Settlement Planning Grant The Settlement Planning Grant is to be used to enlist the
services of planners and other professionals, who will assist the beneficiaries in preparing
project proposals and settlement plans.
District Planning District Planning offers an integrated framework for decision-making for
the allocation of resources for land reform and settlement on a district level. DLA will
financially assist provincially-supported District Planning exercises.
Facilitation Services DLA will offer Facilitation Services, directly or indirectly, to ensure
that eligible land reform beneficiaries have access to necessary information and are
empowered to seek access to appropriate services and assistance.
Training and Capacity Building Services DLA is presently devising a system whereby
training is offered at the community level so as to better support people for the land reform
process; and a capacity building programme to equip both beneficiaries and service
deliverers with the means to manage development.
Dispute Resolution Services DLA is currently in the process of investigating and
planning the establishment of a dispute resolution system that will have the capacity to
prevent and resolve land and land-related conflict.
The abovementioned grants and services are aimed at assisting the following categories of people:
- Landless people, including women, who wish to gain access to land and settlement opportunities.
- Farm workers and their families who wish to improve their settlement and tenure conditions.
- Labour tenants and their families who wish to acquire and improve the land which they hold or
alternative land, in accordance with the proposed Land Reform (Labour Tenants) Bill.
- Residents who wish to secure and upgrade the conditions of tenure under which they live.
- Entrepreneurs who wish to acquire rural property for production purposes.
- Beneficiaries of the land Restitution Programme in terms of the Restitution of Land Rights Act (Act 22 of
1994) who require additional funds for meeting basic needs on restored land.
- Dispossession cases which fall outside the ambit of the Restitution of Land Rights Act.
The following principles underlie the government's Land Reform Programme:
- Poverty focus - priority is to be given to the poor who are in need of land to contribute to income and
food security. State assistance in land acquisition must be primarily given to communities and groups
unable to enter the land market on their own. This requires the identification of particularly marginalised
groups in need of land, including women, evicted and existing labour tenants, and landless farm
workers. The financing arrangements for the programme must be structured to ensure access for people
with little or no equity.
- Demand driven - Previous land policies operated from the basis of government-initiated plans and a
supply driven approach. This resulted in inappropriate and unpopular programmes. To avoid this it is
necessary that real expressed needs become the driving force in the programme, and that mechanisms
and structures are established to respond appropriately.
- Government as facilitator - Due to the marginalisation of rural people and the weakness of rural
organisation, government is concerned that the demands of the most needy will not be articulated in an
organised way. The government is therefore committed to facilitate the expression of demand, educate
and inform people about options, and initiate programmes based on broad demand aimed at specific
beneficiary groups.
- Participation, accessibility and democratic decision making - A demand- led land reform requires the
participation of the communities and individuals as equal partners with government and other agencies.
Decisions must be taken democratically at local level. The extent to which this is achieved depends on
organisation and capacity building, the establishment of sound and simple administrative processes to
support land reform, and the development of local government. A clear and widespread dissemination of
information about the land reform programme and its measures and structures is vital.
- Gender equality - The land reform programme must bring about opportunities for equal access to and
equal rights in land for women as well as men. The programme gives priority to facilitating the
participation of women.
- Coordination of departments and levels of government - Fundamental to the success of land reform is a
sound working partnership between national, provincial and local level administrations. In particular,
cooperation between government departments concerned with livelihoods and the provision of services
must be promoted and strengthened.
- Partnership between the private sector, NGOs and government - The success of the programme will rest
to a large extent on the establishment of complementary working relationships between government, the
private sector and NGOs. Implementation mechanisms and procedures must facilitate this cooperation.
- Economic viability and environmental sustainability - Planning of land reform projects developed at local
level must ensure that projects are economically viable and environmentally sustainable.
- Flexibility - Regional variations across the country require flexible application of policy within the
framework of national norms and standards. Land reform policies and procedures need to be able to
adapt in the light of experience and demand.
- Monitoring and evaluation - A key element of land reform is an information system that can track the
progress of different measures. This will ensure feedback to land reform managers and to the public.
The grants and services offered in terms of the Land Reform Programme will be implemented
through the following legal mechanisms:
- The Provision of Certain Land for Settlement Act (Act 126 of 1993), which
provides for the designation of land for settlement purposes and financial
assistance for settlement support.
- The Development Facilitation Act (Act 67 of 1995), which provides an
alternative measure for land development and financial assistance in this
regard.
- The Restitution of Land Rights Act (Act 22 of 1994), which provides for
the restitution of rights in land to those who were dispossessed of land in
terms of racially based policies of the past. The Act provides for:
- the Land Claims Court to recommend to the Minister that a
successful claimant be given priority access to development
support; and
- the Land Claims Commission to recommend to the Minister
appropriate forms of alternative relief, if any, for those claimants
who do not qualify for restitution in terms of the Act.
- The Upgrading of Land Tenure Rights Act (Act 112 of 1993), which
provides for the upgrading of various forms of tenure into ownership. The
Act provides for assistance in identifying the rightful landholder, mediating
disputes, and surveying and transferring land.
- The Land Reform (Labour Tenants) Bill provides for the purchase of land
by labour tenants and the provision of subsidies to this end.
Return to Index
2 SETTLEMENT/LAND ACQUISITION GRANT
- 2.1.1
- The objective of the Settlement/Land Acquisition Grant [hereafter referred to as "the Grant"] is to
provide settlement opportunities, and to extend property ownership and/or access to productive
resources to the historically disadvantaged and the poor.
- 2.1.2
- To this end the Grant can be used to:
- acquire rural land for residential purposes, agricultural production and small business development;
- secure, upgrade and register tenure rights;
- effect homestead and land improvements through the provision of basic infrastructure such as water,
sanitation, waste disposal, internal roads, top structures and fencing (bulk infrastructure for roads, water
and sanitation are not covered by the Settlement Grant and need to be accessed through other
programmes);
- acquire equity in an existing agricultural enterprise, and participate in ease and lease-purchase
schemes.
- 2.1.3
- It is understood that the focus of this Grant is to assist those who in the first instance have land
needs and security of tenure needs. Where mainly water provision or housing is sought, the
applicant should be directed to another, more appropriate institution, such as the Department of
Water Affairs and Forestry or the Department of Housing.
- 2.2.1
- Households may apply individually or as groups or communities. A "household" is here understood
to comprise at minimum either a single adult (18 years or older) with one or more dependents, or
two or more adults, with or without dependents. This is consistent with the definition used for
allocation of the National Housing Subsidy. Applicant households must consist of lawful citizens or
permanent residents of the RSA.
- 2.2.2
- Households which have an average household income of less than R1 500 per month are eligible
for the Grant. For groups, average household income must be less than R1 500 per month.
Although a means test for groups will not be applied as a matter of routine, groups that appear to
be unusually well off may be further investigated by the relevant authority and thereafter may be
considered ineligible.
- 2.2.3
- Local governments may apply for a Settlement/Land Acquisition Grant for the sole purpose of
enabling residents of the towns/villages to gain access to land for agricultural production under
short-term lease agreements with the local authority.
- 2.2.4
- Being eligible in no way ensures that a Grant will be awarded. Rather, eligibility determines whether
one's application will be considered. The Grant will be awarded contingent upon the approval of a
Settlement Grant Application, or in terms of a co-funding arrangement through a private financial
institution, as described in section 2.5 below.
- 2.2.5
- Applications for Grants will be prioritised in terms of the following criteria:
- Within a project, potential beneficiaries should preferably include a combination of marginalised/poor
sector and sector who can leverage resources. However, within a beneficiary community, priority will be
given to the marginalised and women in particular.
- Priority will also be given to the poor who have been victims of land dispossession and forced removals.
- National diversity and spread of projects will be ensured. This refers to different types of beneficiaries,
land uses and tenure arrangements which will address a variety of need. Projects will not be
concentrated in a few provinces.
- Institutional capacity - in view of the limited capacity to deliver and as a way to reward initiative, priority
should be given to projects where the nstitutional capacity to implement quickly and effectively exists.
This includes the organisational level of the beneficiary group, the support institutions that can assist
them, and the ability of provincial departments and local governments to be involved in implementation.
This criteria will be carefully considered as it could count against marginalised groupings. Special effort
will be made to develop local capacity through the facilitation and other services provided for in the
Programme.
- Viability and sustainability of projects should be ensured in terms of the following factors:
- land availability
- economic viability of intended land use
- water availability
- proximity and access to markets
- productive potential of the land
- availability and quality of infrastructure
- 2.3.1
- The Grant to an eligible household has an upper limit of R15,000 per household. Whether any
grant money will be awarded at all, and if so, how much, depends upon the decision of the DLA
Review Panel which will scrutinise Settlement Grant Applications, [or upon that of private financial
institutions that participate in Partnership Agreements. (See section 2.5.1)]
- 2.3.2
- Grants awarded to households which have applied as a group, must be disposed of according to
collective decision making, as determined in the group's charter or constitution. The pooling of
Grants does not preclude catering to differences among households in terms of how the money
may be used, e.g. the group may agree that some member households will benefit more in terms of
agricultural land than housing, while other member households will benefit more in terms of
housing than land.
- 2.3.3
- The Grant is an 'umbrella subsidy' in the sense that any government assistance for either land
purchase or basic needs (excluding for provision of bulk infrastructure), will be debited against the
R15,000 per household maximum subsidy. To effect this, the Grant will be registered on the same
national data base as the National Housing Subsidy. A household may apply for both, and in any
order, but cannot qualify for a total of more than R15,000. Also, any settlement benefits received
from the government since 1 April 1994 will be taken into consideration in deciding the value of
subsidy which a household may obtain.
- 2.3.4
- The Grant may be applied to the acquisition of State land, where this is available and has been
identified for redistributive purposes. The value of the land will be considered in order to determine
how much of beneficiaries' R15,000 maximum allocation must be debited for its acquisition. The
value of state land should be based on the "use value", which is the value that a specific property
has for a specific use as may be established through a participative land use planning process.
When State land is considered for agricultural purposes then productive value will apply. Productive
value refers to the income that the land can earn from agriculture production.
- 2.3.5
- The burden is on the applicant to consider carefully in advance how to use this once-off resource.
By choosing to use the Grant in a certain way, the applicant may have to forego other possible
uses, particularly if the applicant has already drawn near the maximum.
- 2.3.6
- There should be flexibility in terms of how an applicant may seek to secure Settlement Grant
finance over time. Several possibilities exist for how Settlement Grants may be applied for and
disbursed, eg:
- The applicant applies for and is awarded a portion of the R15,000, and may then re-apply for an
additional portion at some later date;
- The applicant applies for the maximum, but is awarded only a portion; the applicant may re-apply for an
additional portion at some later date;
- 2.3.7
- The Settlement Grant will not necessarily cover the total costs involved in land acquisition and
development. Own equity, loan financing and other sources may have to be tapped, either in terms
of a Partnership Agreement (see section 2.5), or according to some other arrangement, e.g. as
may be developed in the course of the planning processes assisted through the Settlement
Planning Grant.
- 2.3.8
- A Grant can also be disbursed to local authorities as described in section 2.2.3 and 2.4.4. In this
case it will be provided as a matching contribution to the investment of the local authority. The level
of the grant will be determined on merit and further details in this regard will be made available by
DLA at a later stage.
2.4.1The Grant will be applied in a flexible way - to allow local initiatives to be accommodated in a range
of different land acquisition and tenure situations, including those applicable to farm workers. These
options include the following:
- Individual and communal freehold tenure
- Equity share arrangements
- Leasehold arrangements
- Off-farm and on-farm settlement options for farm workers.
2.4.2Individual and communal freehold: the Grant can be used to purchase property to be held
under individual or communal freehold. This may be for the landless, as well as labour tenants and
farm workers who may wish to leave their employment. Using the Grant to assist in the conversion
of tenure may also result in freehold title. Communal title does not preclude the possibility of later
conversion to individual freehold title.
2.4.3Equity share arrangements: the Grant can be used to finance an individual household's or
group's buying into a farm enterprise on a shareholder basis. Typically these schemes contract a
farmer with his/her (former) farm workers, but the principle applies equally to other emergent
farmers who may derive an equity share holding in a farm enterprise. Formally, this entails a three-way agreement between the State, the farm owner and participating beneficiaries. The inclusion in
an equity scheme entitles the share-holder to a share of the farm profits, and should make the farm
worker part-owner of the farm enterprise.
2.4.4Short term leasehold arrangements: local government authorities can access a Grant in order to
purchase land for urban agriculture, food gardens and livestock grazing within or near towns and
rural settlements as described in 2.2.3 and 2.3.8. Under this scheme, the land will be rented out to
residents on short term lease arrangements. Ownership would be retained by the local authority.
2.4.5Lease-purchase arrangements: financial support can be given for purchasing State land under
lease-purchase schemes. Beneficiaries can use the Grant to subsidise the purchase of the
property. The lease would be determined at market rates, with the option to buy at the end of a pre-defined period. The lease can be for a period of 3 to 5 years.
2.4.6Off-farm farm worker settlement options: this would mainly entail the purchase of land and
establishment of housing and other service infrastructure in proximity to existing farm employment
and to other employment opportunities. This is generally more viable where a number of farm
workers apply as a group, resulting in an 'agri-village' or 'farm worker village'. It is possible that an
agri-village has associated with it some land that residents can use for their own account. Another
off-farm option is the settlement of farm workers in nearby towns.
2.4.7On-farm farm worker settlement options: several on-farm options have been identified,
including:
- A contractual agreement between the State, farm worker and the farm wner whereby the farm worker
and his/her family will be able to use the Grant to enhance the housing stock and/or non-bulk service
provision on the farmer's land subject to the right to occupancy for the farm worker and his/her family.
- Such a contactual agreement would have to make provision for a reasonable period of notice to allow the
farm worker and his/her family to look for alternative accommodation upon termination of the
employment contract. The agreement should also ensure that the farm worker and his/her family will be
financially compensated for the improvements effected by the farm worker, in terms of own investment
and as beneficiary of the Grant, should the right to occupance be terminated, and the re-investment of
these funds to provide for alternative settlement opportunities.
- An equity share holding arrangement between the farm worker and the farm owner whereby the value of
the Grant which is invested in farm worker housing and/or non-bulk service provision is held as an equity
share by the farm worker. Formally, this entails a three-way agreement between the Minister of Lands,
the farm owner and participating farm workers.
- An institutional subsidy arrangement, taking a variety of possible forms, e.g. whereby a group of farm
workers and the farm owner establishes an institution which receives the grant, holds the land and
administers the development on behalf of the farm workers.
- 2.5.1
- The Grant can be accessed in two ways:
- Through the submission of a Grant Application to the Department of Land Affairs (DLA).
- Through accredited financial institutions as a "co-funding grant" to a loan. (Refer to section 2.5.8 and
2.5.9)
- 2.5.2
- The Grant Application will be reviewed by the Screening and Priorities Committee which has been
set up in the DLA for this purpose. The recommendation of the relevant provincial authority and
other key role players will be solicited in considering applications. The regional directors of DLA will
collate and coordinate these applications.
- 2.5.3
- The Grant Application requires two sorts of information. First, it requires information about the
individual or group. If the applicant is a group, then there should also be a full enumeration of the
member households, and an indication of the nature of the legal entity the group has formed or
intends to form. The second body of information required with the Application pertains to what the
applicant proposes to do with the money. This entails a description of the sort of property being
sought, the uses to which that property would be put, the infrastructure to be developed, and a
clear statement as to how the benefits will be distributed among member households. The
application must demonstrate the proposed combination of grant finance, own contribution and
loan finance.
- 2.5.4
- The Grant Application is not meant to include a fully detailed land use and/or business plan, since
full planning cannot be usefully undertaken until the DLA has decided upon the amount of Grant
funds to be awarded. The Application must, however, be detailed enough to provide a basis for
deciding whether the applicant is likely to make effective use of the Grant. The DLA will provide
detailed Grant Application Forms to be filled in by applicants.
- 2.5.5
- Depending upon the complexity of the applicant's circumstances, it may need the assistance of a
planning agency, which may be financed through the Settlement Planning Grant (refer to section
3.1.2 and 3.1.3).
- 2.5.6
- Until an award of a Settlement/Land Acquisition Grant is announced, an applying group or
household will generally not be in a position to make an offer on a particular piece of land. However,
if a group is applying for the Grant with the intent to purchase land, then it should proceed to
identify properties for sale, and judge their affordability on the basis of what share of the pooled
Grant it would envision going towards land purchase.
- 2.5.7
- The Department of Land Affairs will make decisions on Grant Applications in terms of the criteria
set out in section 2.2.4. The response to an Application could be outright rejection (e.g. does not
fall within DLA's brief), rejection with suggestions for re-submission (e.g. application may have
merit, but needs refinement), partial approval (e.g. only some of the group's intentions are
considered worthy of funding at current time), or full approval. The review of the Grant Applications
will be flexible and informative. The Screening and Priorities Committee will draw on its
accumulating experience as much as possible to provide feedback to the Department of Land
Affairs Regional Directors and the Provincial authorities who will communicate with applying groups
as to how they may improve their applications or plans.
- 2.5.8
- Alternatively, the Grant can be made available as a "co-funding grant" to a loan by accredited
financial institutions upon securing the loan, subject to the eligibility criteria set out in section 2.2.
The DLA will be satisfied that if the financial institution judges the applicant's plan credit-worthy -
assuming a partial capital infusion from the State - and provided that the financial institution is
prepared to contribute towards the total investment cost, then a detailed review by the DLA Review
Panel may be unnecessary. Procedures and mutual obligations between the DLA and financial
institutions will be defined and formalised through Partnership Agreements.
- 2.5.9
- The allocation of a Grant as a co-funding grant to a loan will be encouraged where the Grants are
used to acquire land for agricultural production or other small business development.
Return to Index
3 SETTLEMENT PLANNING GRANT
- 3.1.1
- The objective of the Settlement Planning Grant is to assist poor communities to plan for their
settlement needs in terms of the acquisition, use and development of the land and the mobilisation
of resources required to do this.
- 3.1.2
- The Settlement Planning Grant is designed to support each of the three Land Reform focus areas,
namely restitution, redistribution and tenure reform. In doing so the Grant could, on the one hand,
be aimed at assisting beneficiaries of the Settlement Grant. On the other hand, it may also be used
to support land reform initiatives undertaken by other institutions e.g. local authorities, district
councils and NGOs who use their own resources to implement land reform projects.
- 3.1.3
- The Settlement Planning Grant enables prospective and actual beneficiaries to select and appoint
DLA-accredited planners and other professionals from private firms and NGOs, with whom they will
collaborate on a strategy for development. The services potentially covered by the Settlement
Planning Grant will be sufficiently varied to include legal and financial-planning assistance, land use
planning, infrastructure planning, land valuation, and assistance with land purchase negotiations.
- 3.1.4
- There are two principal planning phases that may be financed through the Settlement Planning
Grant:
- preliminary settlement, land use, and/or business planning, contributing to the preparation of a
Settlement Grant Application;
- detailed settlement, land use, and/or business planning, after the beneficiary's resources are known
(whether from a Settlement Grant or some other source).
A given applicant may seek to take advantage of one or the other, or both.
- 3.1.5
- The appointment by potential beneficiaries of land valuers from a panel of DLA-accredited valuators
is possible through the award of a Planning Grant.
- 3.2.1
- Applying households must consist of lawful citizens or permanent residents of the Republic of
South Africa.
- 3.2.2
- Institutions such as NGOs, local authorities and district councils may apply for the planning grant to
promote land reform initiatives.
- 3.3.1
- The amount of the Settlement Planning Grant for the preliminary phase is equal to 2% of the
estimated overall project cost. The estimated overall project cost will be taken as R15,000 multiplied
by the number of eligible households applying. Consideration will be given to special circumstances
requiring a different calculation.
- 3.3.2
- For the detailed planning phase, the Settlement Planning Grant is 4% of the overall project budget
that has been pledged. The estimated overall project cost will be taken as R15,000 multiplied by
the number of eligible households applying. Consideration will be given to special circumstances
requiring a different calculation.
- 3.3.3
- Individual households with similar settlement circumstances and needs will be encouraged to
collectively apply for the Planning grant, but the benefit of planning will accrue to the individuals.
The intention is to maximise the benefits of this grant in terms of economies of scale.
- 3.4.1
- Interested parties must submit a completed Planning Grant Application, providing basic information
about the applicant(s) and their goals, as well as an indication as to why planning assistance is
needed.
- 3.4.2
- Applications will be reviewed in accordance with the procedure in section 2.5.2. In evaluating the
application, the Screening and Priorities Committee will also have to assess whether the applicant
should be directed elsewhere (e.g. another department), or whether the applicant could manage
with the facilitation service rather than full fledged planning assistance.
- 3.4.3
- If awarded, the Settlement Planning Grant will be used in order to acquire the skills of a planning
agency. The beneficiaries will be involved in drawing up the planning brief, and in the selection of
the planning agency. The formal contract will be between the DLA and the selected planning
agency, on terms agreed with the applicant.
- 3.4.4
- Many situations may require a range of skills for planning. In these instances a lead planning agent
will be selected who, by agreement with the applicant, sub-contracts under a consortium
arrangement for planning.
Return to Index
4 DISTRICT PLANS
- 4.1.1
- The purpose of District Planning is to provide an integrated framework for decision-making for the
allocation of resources for land reform and settlement on a district level.
- 4.1.2
- District Plans will thus assist in ensuring that:
- development at the district level is balanced and sustainable;
- development at the district level takes into account the multiplicity of needs
and possible conflicts around limited resources;
- an overall settlement framework is created.
- 4.1.3
- District Plans may also be used to further inform the Department of Land Affairs Screening and
Priorities Committee and the Provincial authorities as to the feasibility and compatibility of the
various group development plans submitted to them.
- 4.2.1
- DLA will assist in making funds available to the relevant provincial authorities or district councils on
application in order to undertake District Planning. Application forms will be made available at
regional DLA offices and further guidelines for the disbursement of the Grant will be provided.
Return to Index
5 FACILITATION SERVICE
- 5.1.1
- The objective of the Facilitation Service is to ensure that prospective land reform beneficiaries have
access to necessary information and are empowered to apply for necessary assistance. This is
deemed particularly important in ensuring that rural groups and communities that are weakly
organised get access to the Land Reform Programme.
- 5.1.2
- The functions to be supplied through this service include:
- providing information to prospective beneficiaries, explaining the Land Reform Programme processes to
them, and offering advice on the variety of options available for settlement;
- pro-actively identifying and mobilising individuals or groups who may benefit from land reform;
- assisting with applications, such as the Planning Grant Application and the Settlement Grant
Application;
- facilitating the establishment of legal entities and providing advice with respect to legal issues;
- assisting prospective beneficiaries in approaching formal financial institutions and in investigating the
local land market;
- assisting prospective beneficiaries with the selection and appointment of valuers if required;
- linking with provincial and local government authorities and other line function Departments with specific
reference to bulk and internal infrastructure supply.
- facilitating the appointment of a planner, and the planning process;
- ensuring community participation in planning process;
- ensuring the participation of women in decision making and the planning process;
- assisting the community in identifying settlement needs;
- ensuring that eligible beneficiaries are empowered to access necessary longer term services and
assistance.
- 5.2.1
- Facilitation Services are available on request, or may be initiated by DLA. DLA will seek at all times
to provide a person to fulfil this service who is acceptable to the individual or group.
- 5.2.2
- Either DLA officials or accredited agencies contracted by DLA will provide this service.
Return to Index
6.1 A training and capacity building programme is being developed to complement the grants and
services of the Land Reform Programme.
Return to Index
7. DISPUTE RESOLUTION SERVICES
7.1.1The objective of a dispute resolution system for land reform is to provide both preventative and
resolution mechanisms to effectively address the range of land-related disputes that will arise in the
course of the Land Reform Programme.
7.1.2An immediate measure has been taken to establish a National Land Reform Mediation Panel
whose members are available to implement dispute resolution procedures in specific situations
upon application.
7.1.3A comprehensive dispute resolution system for land reform will be devised following the outcome of
an investigation into the most effective methods and institutional arrangements for such services in
the longer term.
- 7.2.1
- The administering agent appointed by the DLA to manage the Mediation Panel will receive
applications for land-related dispute resolution services from any one of the following: the DLA
Regional Director; the head of department of the Provincial government department responsible for
land matters; the chairperson of the Land Reform Steering Committee in the Province; the District
Office manager of the Land Reform Pilot Programme; or the Land Claims Commissioner. Upon
such application, a mediator will be assigned as appropriate.
Return to Index
The grants and services of the Land Reform Programme outlined in this document will be
implemented by the Department of Land Affairs upon Ministerial approval. An essential component
of the approach however, is to learn by doing, and to adapt policy and procedures in order to
timeously improve delivery to the client. Amendments may therefore be made to this document in
the course of implementation.
For further information, please contact:
Department of Land Affairs
Private Bag X833
Pretoria 0001
Please e-mail comments, responses, suggestions and queries to
mpsmithers@sghq.pwv.gov.za
15 November 1995
Return to Index