Table of Contents

EXECUTIVE SUMMARY

1 INTRODUCTION

1.1 The land policy process
1.2 Responses to the Green Paper

2.1 Strategic goals and vision of land policy
2.2 Land Reform and RDP
2.3 The three elements of the land reform programme
2.4 Government's achievements
2.5 The case for the government's land reform policy

Constitutional Issues
3.1 Constitutional issues to be addressed
Land Market Issues
3.2 The role of the market and the state in land reform
3.3 Transaction costs
3.4 Land tax
Institutional Issues
3.5 Institutional capacity for land reform
3.6 Uncoordinated land administration
3.7 Fragmented public land management
3.8 Inappropriate land development
3.9 Lack of effective, integrated environmental management
3.10 Lack of support services for land reform beneficiaries
3.11 Access to financial services
Environmental Issues
3.12 Alleviation of poverty and environmental degradation
3.13 Incorporating environmental concerns in project planning
3.14 Land Subdivision Act
Land Redistribution Issues
3.15 The need for land
3.16 The use of municipal commonage
Restitution Issues
3.17 The need for Restitution
Land Tenure Issues
3.18 The second class status of black land rights
3.19 Overcrowding and forced overlapping of land rights
3.20 Traditional and communal tenure
3.21 Violence
3.22 Informal settlements in urban areas
3.23 The provision of services and development
3.24 Discrimination against women
3.25 Occupants of privately owned land including farm dwellers
Budgetary Issues
3.26 Allocation of government budgets

4.1 The three sub-programmes
4.2 Legal mechanisms
Land Redistribution
4.3 Purpose
4.4 Government's approach
4.5 Rural finance
4.6 Valuation of land
4.7 Grants and services
4.8 Urban land redistribution
4.9 Access to land and tenure security for farm workers
4.10 Labour tenants
4.11 Addressing gender equality
4.12 Local government commonage
Land Restitution
4.13 Purpose
4.14 Government's approach
Land Tenure Reform
4.15 Introduction
4.16 Guiding principles of tenure reform
4.17 Land tenure laws
4.18 Constitutional guarantees
4.19 The land tenure reform programme
4.20 Interim measures
Financial Grants of the Land Reform Programme
4.21 Introduction
4.22 Eligible applicants
4.23 The Settlement/Land Acquisition Grant
4.24 Grant for the Acquisition of Land for Municipal Commonage
4.25 Settlement Planning Grant
4.26 Grant for determining Land Development Objectives

Land Development
5.1 The scope of land development
5.2 Purpose
5.3 Legacy of apartheid
5.4 Approach
5.5 Development Facilitation Act
Public Land Management
5.6 Public land
5.7 Clarifying institutional roles and relationships
5.8 Disposal and allocation procedures
5.9 Public land information
5.10 Parastatal land
5.11 Local authority land
Land Administration
5.12 Tackling the land administration problems
5.13 Interim strategies to resolve land administration problems

Rationale
6.1 Operational Principles
6.2 Delivering land reform
6.3 Organisational structure
6.4 Decentralisation
6.5 Transformation of the Department of Land Affairs
Division of Land-Related Functions
6.6 National and provincial competencies
6.7 Delivering land services at a local level
6.8 Responsibilities of the Department of Land Affairs
6.9 Land-related responsibilities of the provincial authorities
Land Reform Delivery
6.10 Partnerships with the private sector
6.11 NGOs and non-statutory service providers
6.12 Interim facilitation service
6.13 Dispute resolution
Land Information
6.14 Information needs
6.15 A comprehensive land information system

FOREWORD

• A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property, or to equitable redress.
• The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
• A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure, or to comparable redress.

The policy set out in this document arises primarily from lessons gained from work on the ground over the last three years. The White Paper is also the outcome of an extensive process of public consultation.

The content of the White Paper ranges from general statements of principle to detailed information on the state financial assistance programme which will make it possible for more people to own land. It includes programmes to provide security of tenure to people who are vulnerable, and to prevent unfair evictions. A central concern has been to translate the government's commitment to social justice and the alleviation of poverty into a set of concrete land reform and land development programmes, legislation and procedures.

It is my sincere hope that this document will be closely and carefully read by all groups, organisations and individuals who are concerned with ensuring that our country's land policy is directed towards the achievement of equity, stability, poverty reduction and growth. The Department of Land Affairs (DLA) will distribute the White Paper to all interested parties throughout the country. It will also be producing supplementary material to ensure that as many people as possible, from community members through to developers, have the information they need to play their part in the successful implementation of land reform.

I would like to thank all those who contributed to the many drafts that preceded this final version of the White Paper, and who spent long hours ensuring that it is a clear and accurate statement of South African land policy.

DEREK HANEKOM
Minister of Land Affairs

DEPARTMENT OF LAND AFFAIRS

Private Bag X833
0001 Pretoria
184 Jacob Maré Street
0002 Pretoria
Tel: 012 312 8911
Fax: 012 323 7124

Tel: 012 3128353 Fax: 012 3233693
E-mail: mpsmithers@sghq.pwv.gov.za
Internet Home Page: wn.apc.org/dla

GAUTENG Tel: 012 3245800 Fax: 012 3245813
MPUMALANGA Tel: 013 7553499 Fax: 013 7553529
NORTHERN PROVINCE Tel: 0152 2973539 Fax: 0152 2974988
NORTH WEST Tel: 0140 21649 Fax: 0140 842804
NORTHERN CAPE Tel: 0531 814090 Fax: 0531 814095
FREE STATE Tel: 051 4303730 Fax: 051 4308869
KWAZULU-NATAL Tel: 0331 946390 Fax: 0331 943753
EASTERN CAPE Tel: 041 563565 Fax: 041 560195
WESTERN CAPE Tel: 021 262947 Fax: 021 262702

CHIEF SURVEYOR GENERAL Tel: 021 6854070 Fax: 021 6891351
PRETORIA Tel: 012 3237205 Fax: 012 3231527
CAPE TOWN Tel: 021 454711 Fax: 021 453008
PIETERMARITZBURG Tel: 0331 451215 Fax: 0331 947610
BLOEMFONTEIN Tel: 051 4480955 Fax: 051 4478003

CHIEF REGISTRAR Tel: 012 3387227 Fax: 012 3283347
PRETORIA Tel: 012 3387000 Fax: 012 3387103
CAPE TOWN Tel: 021 4623530 Fax: 021 4623539
PIETERMARITZBURG Tel: 0331 458220 Fax: 0331 455101
KIMBERLEY Tel: 0531 827228 Fax: 0531 825888
JOHANNESBURG Tel: 011 3367751 Fax: 011 3379079
BLOEMFONTEIN Tel: 051 4482755 Fax: 051 4484523
VRYBURG Tel: 05391 71076 Fax: 05391 4002
KING WILLIAM'S TOWN Tel: 0433 22741 Fax: 0433 22635
UMTATA Tel: 0471 22869 Fax: 0471 312873