For Mr Elfas Magadzi the wait for information on a land claim they lodged in 1996 has been agonisingly long. The lack of information filtering down to claimants was an issue of concern raised by the Portfolio Committee on Rural Development and Land Reform following the first public hearings in Thohoyandou, Limpopo Province. The committee is holding nationwide hearings into the Bill following a Constitutional Court ruling that instructed that the public participation element of the bill must be strengthened.
“I only have one question to the Honourable Members: in 1996 we lodged a claim and provided everything as expected of us until verification, but until today nothing has happened. We want to ask what is happening with the Tshikonelo Land Claim?” Mr Magadzi asked.
The committee Chairperson, Ms Phumuzile Ngwenya-Mabila, said the lack of communication from the Commission for Restitution of Land Rights was concerning and must be addressed with urgency. The chairperson also emphasised that it was unfortunate that claimants had not been informed about progress made in finalising claims made.
“It is for this reason that we urge the commission to strengthen communication and to have monitoring systems that will inform the public on progress on their claims. This will limit anxiety among claimants,” Ms Ngwenya-Mabila said.
A majority of participants in the public hearings raised questions about the capacity of the commission to do the research necessary for land claims. Mr Shirhami Shirinda, from the Legal Resource Centre, highlighted that the Bill’s provisions do not make space for the recommendations of the High Level Panel on Assessment of Key Legislation and Acceleration of Fundamental Change, which observed that the commission was understaffed.
“For example, in one case the officials of the commission bought a farm for restitution claimants while labour tenants where living on the farm and had already laid a claim on the farm. The commission’s research is seriously underperforming,” Mr Shirinda emphasised.
Numerous participants raised objection to the amendments and public hearing in the context of the impending public hearings and possible amendment of Section 25 of the Constitution by the Constitutional Review Committee. “These amendments might be a classic case of putting the cart before the horse, which will not assist in resolving the challenge of slow pace of restitution,” said Mr Vasco Da Gama.
The committee will continue to other parts of the country in the quest to ensure maximum public participation.
Malatswa Molepo
19 June 2018
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