Commission on Restitution of Land Rights Briefing session on Annual Reports 2014/15 to the Portfolio Committee on Rural Development and Land Reform

Transcription

1 Commission on Restitution of Land Rights Briefing session on Annual Reports 2014/15 to the Portfolio Committee on Rural Development and Land Reform 14 October

2 PURPOSE & STRATEGIC OBJECTIVES Purpose The purpose of restitution programme is the settlement of land restitution claims in terms of the Restitution of Land Rights Act, 1994 (Act 22 of 1994). The Commission is responsible for investigating and processing restitution claims. The Commission also develops and coordinates restitution policies and oversees restitution court cases. Strategic Objective The strategic objective of the Commission is the restitution of rights in land or awards of alternative forms of equitable redress to claimants, within Medium Term Expenditure Framework budgetary allocation. 2

3 PURPOSE & STRATEGIC OBJECTIVES Vision A Commission of excellence that ensures that effective, efficient and speedy redress is provided to victims of racially based land dispossessions. Mission We exist to provide redress to victims of racially motivated land dispossession, in line with the provisions of the Restitution of Land Rights Act, 1994 (Act No 22 of 1994), as amended. 3

4 SERVICE DELIVERY ACHIEVEMENTS The Commission exceeded its targets by settling 428 new claims against a target of 379; finalising 372 claims against a target of 239; approving 119 projects against a target of 53; researching 1525 claims against a target of 1445; established 14 operational claims lodgment offices; and acquired 4 mobile lodgement offices. Beneficiaries per quarter were as follows: Quarter Beneficiaries Hectares Awarded Land Cost Financial Compensation Quarter ,445, ,390, Quarter ,531, ,847, Quarter ,224, Quarter ,228, TOTAL R 1,777,514, R 1,000,691,

5 PERFORMANCE AGAINST TARGETS Strategic Objective Performance indicator Number of land claims settled Annual Target Achievement (Actual Performance) Variance Reason for variance Additional financial resources were provided to the CRLR by the DRDLR Strategic Objective 1: Land Rights restored Number of land claims finalised Number of phased projects approved Additional financial resources were provided to the CRLR by the DRDLR Additional financial resources were provided to the CRLR by the DRDLR Strategic Objective 2: Lodgement of restitution land claims Number of claims lodged by 1998 to be researched Number lodgement functional of offices The research of claims lodged before 1998 cut-off date is key to the finalisation of those claims. Staff was motivated to research as many claims as possible. 14 lodgement 14 lodgement Target Target was achieved offices opened offices opened achieved and functional and functional reported in Q1 5

6 SUMMARY OF SETTLED CLAIMS Province Rural Urban Dismissed HHs Beneficiaries FHHs Hectares Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape TOTAL

7 SUMMARY OF SETTLED CLAIMS Province Land Cost Financial Compensation Total Award Eastern Cape 549, ,267, ,816, Free State ,267, ,267, Gauteng ,348, ,348, KwaZulu-Natal 839,922, ,831, ,052,754, Limpopo 368,071, ,537, ,608, Mpumalanga 211,779, ,759, ,538, Northern Cape 68,411, ,131, ,543, North West 285,115, ,362, ,477, Western Cape 3,664, ,186, ,850, TOTAL R 1,777,514, R 1,000,691, R 2,778,206,

8 SUMMARY OF SETTLED CLAIMS 8

9 FINANCIAL PERFORMANCE 9

10 FINANCIAL PERFORMANCE The total financial value of the claims that were approved during the period under review is R 2,778,206, The total expenditure was R The expenditure included expenditure on backlog claims, which were approved in previous financial years where payments had not yet taken place. Expenditure per category for the period 1 April 2014 to 31 March 2015 is as follows: 10

11 EXPENDITURE PER ITEM Office Land Purchase & Land and Subsoil Conveyancers Re-Cap/Grants Financial Compensation TOTAL Eastern Cape Free State Gauteng Kwazulu Natal Limpopo Mpumalanga Northern Cape North West Western Cape Total

12 EXPENDITURE PER ITEM 12

13 EXPENDITURE: NEW vs BACKLOG CLAIMS Province Expenditure - Claims approved prior 2014 Expenditure - Claims approved in 2014/15 Total Expenditure Eastern Cape Free State Gauteng Kwazulu Natal Limpopo Mpumalanga North West Northern Cape Western Cape TOTAL

14 EXPENDITURE: NEW vs BACKLOG CLAIMS 14

15 EXPENDITURE: TOTAL BUDGET 2014/15 Province Budget Expenditure Available budget % Exp Eastern Cape % Free State % Gauteng % KwaZulu Natal % Limpopo % Mpumalanga % Northern Cape % North West % Western Cape % National Office % Total % 15

16 EXPENDITURE: TOTAL BUDGET 16

17 EXPENDITURE: SUB PROGRAMME Sub Programme Adjusted Appropriation R 000 Shifting of funds R 000 Virement R 000 Final Appropriation R 000 Actual Expenditure R 000 Variance R 000 % Resitution National office % Restitution Regional Office % Restitution Grants % Total % 17

18 EXPENDITURE: NEW vs BACKLOG CLAIMS 18

19 EXPENDITURE: ACTUAL EXPENDITURE PER SUB PROGRAMME 19

20 EXPENDITURE: PROJECT IMPLIMENTATION Province Budget Expenditure Available budget % Exp Eastern Cape % Free State % Gauteng % KwaZulu Natal % Limpopo % Mpumalanga % Northern Cape % North West % Western Cape % Total: PROJ % 20

21 EXPENDITURE: PROJECTS PER PROVINCE 21

22 EXPENDITURE: COMPENSATION OF EMPLOYEES Province Budget Expenditure Available budget % Exp Eastern Cape % Free State % Gauteng % KwaZulu Natal % Limpopo % Mpumalanga % Northern Cape % North West % Western Cape % National Office % Total: COE % 22

23 EXPENDITURE: GOODS AND SERVICES Province Budget Expenditure Available budget % Exp Eastern Cape % Free State % Gauteng % KwaZulu Natal % Limpopo % Mpumalanga % Northern Cape % North West % Western Cape % National Office % Total G&S % 23

24 EXPENDITURE: PER STANDARD ITEM 24

25 AUTONOMY 25

26 THE AUTONOMY PROGRAMME The Autonomy programme is a process of transforming the Commission into an efficient, cost effective organisation that improves the experience of our constituents, of which becoming autonomous ( being a separate public entity ) is but one project 26

27 AUTONOMY PROCESS Mandate Decision making and delegations Business Process and SOPs Institutional structure Financial, HR and organisational processes MIS for Monitoring and Evaluation 27

28 Scheduling of Autonomy Programme Short term/ critical Medium term / transitional Long term Mandate and strategy Legal opinion on mandate - DONE Post settlement - systematic resolution of position e.g. Rural Hubs, Virtuous Cycle SETTLEMENTS FOR 15/16 TO FOCUS AROUND AGRI-HUBS Full Autonomy Optimal efficiency and effectiveness at lowest cost Own Strategic Plan 15/20 - DONE APP & Operational Plan 14/15 - DONE 28

29 Scheduling of Autonomy Programme Decision making and delegations Short term/ critical Medium term / transitional Direct reporting line to Minister - DONE SLA with DRDLR support services to perform certain functions - DM and DG instruction drafting of SLA underway Long term Commission have own policies i.t.o. HR, Finance, etc. and governance structures as per Treasury guidelines for Public Entities Delegations to CLCC All delegations currently as DDG. Additional delegations are outstanding e.g. appointment of Directors Focus in SLA management All levels of staff have clear job descriptions and work plans with responsibilities with delegations in autonomous structure Pressure on PSSCs/ DRDLR corporate support - DONE AND ONGOING Progressive capacity development for corporate functions All corporate functions to be performed within 29

30 Scheduling of Autonomy Programme Business Process and SOPs Short term/ critical Medium term / transitional SOPs for critical tasks DONE FOR LODGEMENT, FINANCIAL PROCESSES Uniform processes based on Business Process Mapping applied in all provinces Long term Information and project management system (end-to-end system) based on uniform process Business Process Mapping UNDERWAY, DEADLINE 16 OCTOBER SOPs in place for all processes and tasks Updating and revision of policies FINANCIAL COMPENSATION UNDERWAY Comprehensive policy toolkit Development of new policies DRAFT PRIORITISATION POLICY 30

31 Scheduling of Autonomy Programme Financial, HR and organisation al resources Short term/ critical Medium term / transitional Reopening communication campaign IN IMPLEMENTATION Communication strategy IN PROGRESS Long term Professional and corporate style in place Rebranding DONE Website and Domain name SERVICE PROVIDER APPOINTED Training COURSE DEVELOPED Skills assessment - UNDERWAY Performance management STANDARDISED PAs FOR LEVELS 1-12 DONE Change management PROVINCIAL ROADSHOWS DONE, CHANGE AGENTS APPOINTED Physical appearance ON GOING, NEW OFFICES FOR CLCC END 2015 Management training PLANNED FOR 4 th Q Shared values ANTI FRAUD CAMPAIGN PLANNED Focus on outcomes rather than performance management Buy-in & loyalty 31

32 Scheduling of Autonomy Programme Institutional structure Short term/ critical Medium term / transitional Realignment of CLCC reporting line - DONE Realignment of Head Office reporting lines DONE, MACRO STRUCTURE APPROVED IN PRINCIPLE Redesign of Macro structure IN-PRINCIPLE APPROVAL FROM MINISTER OBTAINED Creation of posts of Director: Research & Director: Policy AWAITING APPROVAL FROM MINISTER, IMPLEMENTATION FOR 1 NOV Reprioritisation of posts - DONE CLCC to be delegated Accounting Officer functions (see delegations) Micro structure to be designed in line with BPM Approval from DPSA obtained Filling of posts - ONGOING, UNDER 10% VACANCY RATE Long term Organisational structure fully designed in terms of mandate and business processes, structure fully capacitated 32

33 Scheduling of Autonomy Programme Information Systems Short term/ critical Medium term / transitional Lodgement system - DONE Research Application NATIONAL BID COMMITTEE ON 20 OCTOBER EPMO utilised DONE, ALL 14/15 PROJECTS LOADED Lodgement system enhancements DEADLINE 12 FEBRUARY 2016 EPMO projects for 15/16 to be loaded Long term Information and project management system (end-to-end system) integration of all existing modules into one system, EPMO to phase out as end-toend system in put in place Business Process Mapping for system development UNDERWAY, DEADLINE 16 OCTOBER System Architecture and hardware requirements established 33

34 INSTITUTIONAL ARRANGEMENTS Programme Inception meeting with Minister: May 2015 Sponsoring Group: DM Mashego- Dlamini Programme Board DDG Corporate Service, CFO, CLCC, Risk Steering Committee: CRLR Executive Management Project Managers for each sub-project 34

35 Outcomes from During the Sponsoring Meeting with DM Mashego-Dlamini on 17 September 2015 the Commission was tasked to present to MCM the following: 1. Organisational structure specifically on the Head of the Commission at national and provincial level, including finance and corporate services 2. Regularisation of the SLA with the Department in order to delink from the Department and assign AO functions to CLCC 3. Delegation of the post-settlement issues to the Commission 35

36 Regularisation of the SLA with the Department Why have SLA s? The Commission is entirely reliant on the DRDLR for the following: All Corporate Services (HR, IT, Communication, Corporate legal, knowledge services, M&E, EPMO) All Finance functions (CFO, management accounting, SMC) Executive functions (parliamentary liaison, security, internal audit) Ensure that support functions remain in place and are performed up to a certain standard in the transitional period Clarify roles and responsibilities and service delivery standards Should the CLCC be delegated all functions assigned to the Accounting Officer, the necessary resources should be in place or at least covered in SLAs to ensure the functions are performed. 36

37 Transitional arrangements 1. Establishment of National transitional task team comprising Treasury, DPSA, DRDLR, CRLR 2. Entrenching and strengthen the various Institutional Structures of the Autonomy Programme 3. Work towards Schedule 3A entity (i.e. complete autonomous structure) by 1 April 2017 with SLAs in place to perform statutory and administrative functions where capacity/ resources does not exist e.g. Audit Committee. 37

38 Two pronged approach To deliver an autonomous entity (outward focused) To reconfigure the organisational structure and head of the Commission as Accounting Officer To ensure that the budget structure is amended to be a Schedule 3A entity To enter into SLA s with the DRDLR for support services To ensure posts-settlement and related functions are properly performed To deliver a fully effective and efficient entity (inward focused) Clear organisational mandate and business processes Fully capacitated human resources and reconfigured organisational structure Improved customer satisfaction and communication Change management Improved information and project management 38

39 LODGEMENT 39

40 LODGMENT OF NEW CLAIMS SINCE 30 JUNE 2014 Mpumalanga 6961 Witbank 3245 Nelspruit 3716 Gauteng Arcadia Northern Cape Kimberley 1654 Free State Bloemfontein Eastern Cape 9709 East London 5008 Queenstown 4701 Limpopo Polokwane 9859 Western Cape George 3233 Cape Town 9271 KwaZulu-Natal Vryheid 3883 Pietermaritzburg North West 6338 Mahikeng 4212 Vryburg 2126 Total

41 Mobile Unit Location Statistics Gemsbok In the Western Cape but will move to the Northern Cape on the 12 th Oct 608 Claims logged Maropeng Operating in North West 368 Claims logged Inkanyezi Operating in KZN 593 Claims Lodged Mabulandila- Vulindlela Mobile Offices Has just started in Mpumalanga 1,059 Claims lodged Thembekile Operated in North West but is currently at in the Western Cape 421 Claims lodged Sol Plaaitjie Operating in Mpumalanga 367 Claims lodged Lodgements at mobile offices 13,985 Total no of people reached to date 45,363 41

42 HUMAN RESOURCES 42

43 STAFF ESTABLISHMENT Number of funded posts 819 Number of posts filled 743 Number of posts vacant 76 % Vacancy rate 9.28% Number of Employees additional 7 Head count

44 STAFF ESTABLISHMENT RESTITUTION CLCC GP NW LIM MPU KZN FS EC WC NC TOT Number of funded posts Number of posts filled Number of posts vacant % Vacancy rate 7.4% 12.9% 8.9% 2% 4.03% 0.85% 15.6% 18.3% 18.8% 25.6% 9.28% Number of Employees additional employed Head count

45 FORMAL GRIEVANCES LODGED OFFICE NATURE OF GRIEVANCE NO. OF AGRIEVED EMPLOYEES STATUS CLCC CLCC Aggrieved by change in reporting lines Aggrieved by the downgrading of a post (Level 10 to 9) 1 On-going 1 On-going, referred to Labour Court KZN Payment of unused leave credits 1 On-going TOTAL 3 45

46 LEGAL 46

47 LAND CLAIMS COURT CASES PROVINCIAL BREAKDOWNS AS FROM 01 APRIL 2014 TO FEBRUARY 2015 Province Referral Review Direct Access Matters to compel payment of purchase price Other (declaratory, interdict, etc) Total LAND RIGHTS MANAGEMENT FACILITY (CTH) POSSIBLE OUT OF COURT SETTLEMENT MATTERS Eastern Cape Free State Northern Cape Gauteng North West KwaZulu-Natal Limpopo Western Cape Mpumalanga Total

48 Thank You Nomfundo Gobodo Chief Land Claims Commissioner 48