The Committee was briefed by the Ingonyama Trust Board (ITB) on its third quarter 2014/15 performance and financial report. Apologies were received from the Minister and Deputy Minister. At the outset, Members expressed their dismay that the ITB was reporting from a document that contained different figures to the one sent through to Members earlier, and it was difficult to follow the presentation. Secondly, several commented that the reporting format was problematic, as it did not conform to standard practices nor terminology as used in the Public Finance Management Act.

The Department produced a Working Draft of the Bill that incorporated all the proposed amendments previously made by the Committee. The Deputy Minister indicated that the Department had introduced the definition of “disputing party” in clause 1, which indicated that the “ disputing party includes an owner, holder of an unregistered right, expropriated owner or expropriated holder that does not accept the amount of compensation offered in terms of clause 14(1)”.

The challenges associated with determining fair compensation for expropriated land have been extensively discussed and debated among scholars, practitioners, policymakers, and the public. However, to date, a comprehensive study of national-level compensation procedures established by law considering whether such procedures meet internationally recognized standards on compensation valuation has not been conducted. This article aims to bridge this gap by serving as a reference point and informing “expro” debates among scholars, practitioners, and policymakers.

The Committee welcomed the Quarterly Reports as they showed the progress that had been made in dealing with claims. However discomfort was expressed at the pace of restitution. The Committee was very interested in the research aspect of the Commission’s brief.

Policy Statemen the amount f compensation to be paid to a Claimant (that has opted for restitution in the form of financial compensation) that is entitled to restitution shall be determined in accordance with this policy, read the Restitution Act. This policy replaces prior policies on the determination of financial compensation.

To provide for the upgrading and conversion into ownership of certain rights granted in respect land; for the transfer of tribal land in full ownership to tribes; and for matters connected therewith.
(Afrikaans text signed by the State President.)
(Assented to 27 June 1991.)
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:

Encroaching on Lands and Livelihoods considers whether national expropriation laws in 30 countries across Asia and Africa follow the international standards established in Section 16 of the VGGTs. It analyzes laws against a set of 24 indicators (hereinafter “expropriation indicators”) based on the standards established in Section 16 and provides examples of expropriation practices drawn from literature reviews to illustrate the importance of adopting international standards.

In Mozambique, changes in land access and use are shaping new landscapes, often at the expense of the poor. Despite progressive land legislation, elite groups and vested interests are consolidating land holdings while peasant producers are being dispossessed of their land and access to fertile plots is becoming increasingly difficult.

Includes trends prospects and policies, biofuel production and land access in Tanzania – laws, policies and procedures, impacts of biofuel investments on land access. Findings and implications cover production models and their impacts on local land access; risks of land alienation – long term impacts; limitations of compensation; use of third-party mediators?; large-scale transfers of land for biofuels are most problematic; linking policy with practice; shortcomings of biofuel guidelines; alternative land holding structures and production models.

Analyses the configuration of land rights among different users of land and discusses the implementation of Tanzania’s land policy reform. The key rights explored include those of small-scale producers (farmers and pastoralists) and large-scale investors. Explores how the state defines, allocates, protects and compensates for land when it appropriates such rights. Looks at the formal, informal and procedural rights that provide for and protect the rights of small-scale producers and investors, and the compensation offered to those who give up their land for investment.

One of the new government’s major policy priorities has to be to get agriculture moving as a motor of growth. The long-running issue of outstanding compensation payments has meant that international donors and financiers have not engaged with land reform areas, missing out on supporting major development opportunities. People on the resettlement farms are producing significant quantities of food and other agricultural products. Recent figures make it clear how vital they are to Zimbabwe’s struggling economy. So quick resolution of the compensation issue is essential.

The challenges are: the methodology for valuation, the state’s capacity for valuation, the process for dispute resolution, and the funding of the process. The backlog created by lack of action in the past 17 years must be dealt with urgently.