The South African Institute of Race Relations said the Bill made it difficult for the compensation amount to be decided by a court, and the Bill did not allow the courts to examine and rule on the validity of the expropriation. The Bill tried to limit how often people could go to court about the amount of compensation. The IRR argued that 60 days was not enough time for the claimant to institute legal proceedings for the determination of the compensation, this should be extended to 180 days. Compensation should include damages for additional losses.

Members expressed concern that the Communal Property Associations Annual Report 2014/5 had not been signed by the Minister nor tabled in Parliament yet. The Committee agreed that it could not consider the Department’s presentation because the corresponding report had not been submitted to them in advance. The Deputy Director-General of the Department explained the delay and the Minister apologised to the Committee. The meeting was then adjourned.

The Deputy Minister of Public Works, Mr Jeremy Cronin, briefed the Committee on the preliminary responses of the Department of Public Works (DPW) to the inputs received during the public hearings on the Expropriation Bill [B4- 2015]. However, the Department had been expecting that the Committee would finalise its report on those hearings and thus did not yet have a full written response. The DPW acknowledged that there were many useful points but had not accepted all input.

The Deputy Minister of Public Works continued to take Members through the comments made during the public hearings on the Expropriation Bill, indicating what comments had been made and whether the Department agreed with them or had other views. The Department had added to the Preamble to make it clear that section 34 of the Constitution provided that anyone had the right to approach the courts for resolution of a dispute. In relation to the definitions, there was discussion on whether the Bill should refer to both high courts and magistrates’ courts.

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 Committee considered the official list of proposed amendments to the Bill (the A-list) accompanied by the B version of the Bill incorporating all the proposed amendments into the Bill.

The Commission for Gender Equality presented on its proposed campaign called One Woman, One Hectare of Land’. The campaign aims to mainstream gender equality, for it was proposed that the State should allocate one hectare of land, for the growing of food, to the poorest rural female-run households. It was believed that this would help alleviate poverty and empower rural women. It was pointed out that where women had land, their families generally were better nourished, better educated and able to move on.

Land registration and titling in Africa has been seen as a means of legal empowerment of the poor that can protect smallholders’ and pastoralists’ rights of access to land and other landbased resources.

Peru has formalized property rights for 1,200 indigenous communities in the Amazon. These titled indigenous lands cover over 11 million hectares and represent approximately 17% of the national forest area. Progress has been possible due to multiple reforms that recognized indigenous rights to collective lands, a process characterized by complex and protracted conflicts among competing interests, shifting government priorities and continued resistance by indigenous people to contest efforts that undercut their interests.

Coastal grab refers to the contested appropriation of coastal (shore and inshore) space and resources by outside interests. This paper explores the phenomenon of coastal grabbing and the effects of such appropriation on community-based conservation of local resources and environment. The approach combines social-ecological systems analysis with socio-legal property rights studies.

Access to land for smallholder farmers is a critical foundation for food security in Myanmar's uplands. Land tenure guarantees seem to be eroding and access to land becoming more difficult in some upland areas. If this trend continues it may have negative impacts for food security and undermine environmental and economic sustainability. This briefing paper explores the relationship between land tenure and food security, as well as key institutional and other factors that influence land access and tenure for smallholder farmers in the uplands today.