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6 INSTITUTIONAL ARRANGEMENTS
Rationale
The institutional arrangements described in this chapter are based on three important operational principles. These stress the need for an integrated approach to land reform delivery, for a delivery system that includes a wide range of service providers, and for on-going evaluation of the effectiveness of the measures established to achieve this. The principles can be summarised as follows:
Government, where appropriate, must enter into partnership arrangements with the private sector, NGOs and community based organisations. Implementation mechanisms and procedures must facilitate this cooperation.
Coordination of departments and levels of government, and sound working arrangements between national, provincial and local level administrations is fundamental to the success of land policy.
A monitoring and evaluation system that can track the progress of land policy measures, and that can provide timeous feedback to managers and the public, is a key element in ensuring that policy measures are able to achieve their intended goals.
To overcome the institutional problems and constraints to the implementation of land reform, the following measures are necessary:
the further rationalisation of legislation,
human resource development in the governmental and non-governmental sector,
capacity building at community level, and
inter-sectoral and inter-governmental collaboration in policy formulation and programme implementation.
Above all there is the need to co-opt a range of statutory and non-statutory service providers to support land reform. Unlike other service-providing departments, the Department of Land Affairs has relatively few personnel outside its national office. Yet, a widely deployed cadre of well-trained field staff is essential to inform people of their entitlements, to advise and assist them and to facilitate the legal processes of land acquisition. Experience in other countries demonstrates that shortage of administrative capacity for land reform is a recurring problem.
While it is important to work with a range of service providing agencies, it is necessary to plan for the establishment of an efficient service-oriented land administration in the long term - one which has the capability to work with individuals and community groups as well as outside agencies. This is especially important given the fact that while land transfers are a once off event, there is an on-going need for an institutional capacity to maintain and administer the rights in land obtained through the land reform programme. This entails a permanent capacity to deal with issues such as land disputes, land zoning, registration, sub-divisions and land use issues.
In many countries, lack of staff capacity has often stemmed from the fact that land reform is perceived as an emergency or transitory phase and has tended to rely heavily on staff from other field departments and NGOs to support land reform at grass roots level. While NGOs have forged successful partnerships with government organisations in support of land reform, experience with the part-time deployment of other government staff for the implementation of land reform has been less satisfactory. The training of a core of provincial and local level field staff to service land reform and land administration is essential. The strategy is outlined in Box 6.1.
The Department of Land Affairs has undergone many structural changes since 1994. An extensive investigation was conducted to reorganise the Department for the huge task of land reform. There are now three branches in the Department. Deeds and Surveys is concerned with management of the deeds registration, land surveying and land information systems. Land Reform Policy is concerned with developing policies and systems for land reform, and with land use and development issues. Land Reform Implementation is responsible for the primary implementation agencies, namely the Department's nine provincial offices. The Department is currently engaged in a decentralisation process which will give greatly enhanced functions and authority to the Directors of the provincial offices. The demands on the Department will change as the land reform process develops. The structure of the Department will be kept under review to ensure that functions are appropriately placed, and that the structure meets changing needs.
6.4 Decentralisation
The Department of Land Affairs recognises the decentralisation of functions and authority as a necessity for the efficient and effective delivery of land reform. The Department is at present engaged in an intensive process of translating the vision of a decentralised organisation into a practical implementation programme.
Decentralisation is seen within the context of transformation within the Department of Land Affairs and the South African public sector in which line departments are being given increased authority by central agencies (for example, the Public Service Commission and the State Tender Board). The Department is in the process of transforming work and management practices and attitudes in accordance with these new arrangements. It is busy strengthening its provincial offices by locating increased functions and authority to make decisions at this level, at the point where there is direct contact with the Department's primary customers, namely the potential beneficiaries of the land reform programme.
Decentralisation is also seen within the broader context of institutional arrangements for land reform. Efficient and effective delivery requires that the Department of Land Affairs' provincial offices create the widest possible land reform implementation capacity by funding, contracting and building capacity of service providers in provincial government, local government, the private sector and the NGO sector.
6.5 Transformation of the Department of Land Affairs
6.5.1 Transformation strategy
Achieving the goals of land reform requires the transformation of the DLA from a traditional public service organisation to one that is responsive to its environment, is service oriented and is adequately staffed with skilled personnel representative of the South African population.
In April 1995, the Department of Land Affairs established a Transformation Unit that has served as a catalyst for the transformation process. The Department has also established a Transformation Committee that is responsible for co-ordinating and monitoring the implementation of transformation initiatives.
The Department's transformation priorities are:
transforming service delivery to provide an efficient and effective service that is responsive to the needs of its customers and is accountable to the tax payers;
building a department that is representative of the South African population;
developing human resources both within and outside the Department.
6.5.2 Transforming service delivery
Land reform is a new programme that requires a new approach that is developmental and service oriented. Transformation of the Department requires:
redesigning its systems and procedures to meet the needs of the users of services;
decentralising functions and authority to its provincial offices as a first step towards the long term vision of locating land services at the local level;
rationalising posts within the DLA and reallocating posts to the provincial offices to strengthen service delivery capacity;
developing service standards with clearly defined outputs, targets and performance indicators, in consultation with the users of the Department's services;
regular monitoring and evaluation to improve service delivery.
6.5.3 A representative department
The Department has developed an Affirmative Action and Equal Employment Opportunity Policy Framework that was negotiated and accepted on 11 September 1996 and subsequently approved by the Department of Public Service Administration. This was the result of an extensive and inclusive consultation process with all stakeholders including trade unions with members in the Department, departmental management, the Workers' Forum, the Gender Forum, non-unionised employees and disabled people's organisations.
The framework aims to achieve the transformation of the Department by improving representativeness across all occupational classes and post levels. It will mean increased employment of persons from disadvantaged groups who are committed and sensitive to the needs of communities, as well as having a strong sense of purpose and contribution to land reform.
The framework defines affirmative action as a programme of action which redresses the racial and gender imbalances relative to personnel already in the service of the Department and that promotes policies which will result in a workforce which reflects the racial, gender and disability composition of the population.
It also refers to practices that ensure that people disadvantaged by past policies or unequal access to education and training because of discrimination based on race, gender, disability, health etc are enabled to acquire employment and training appropriate to their skills.
This effectively means the implementation of empowerment initiatives. Empowerment in this context refers to the holistic transformation of the Department in the direction of employment equity in the public service. It includes:
the removal of disabling infrastructure: laws, policies, prescripts and structures;
the removal of psycho-social barriers: attitudes, prejudices and stereotypes;
the creation of enabling infrastructure through:
- the provision of appropriate forms of education and training to harness the maximum potential of all employees, especially for those identified as disadvantaged;
- the recognition of skills, experience and training before and during employment in the public service, as well as appropriate qualifications obtained outside the public service;
- appropriate modification of the physical environment to meet the needs of persons with disabilities;
- transformation of the socio-cultural environment in the workplace to generate an ethos that is tolerant appreciative and respectful of diversity.
6.5.4 Human resources development
The transformation of service delivery and the building of a representative department has to be underpinned by a sound human resources development (HRD) strategy.
The Department of Land Affairs is committed to the effective mobilisation, development and utilisation of human resource capacity as this will be critical for the success of institution building and management programmes, as well as for the success of the transformation process more generally. Accordingly, a coherent strategic framework for human resource development is in the process of being developed.
The framework will have as its purpose the development of an optimal fit between the needs of the employer, the job, the organisation and the environment, so that employees reach their desired level of satisfaction and performance, and the organisation meets its goals.
The strategic framework for effective human resource development will entail the following:
staff training;
the development of effective and life-long career development paths for all categories of jobs in the Department;
an improvement in employment conditions;
the introduction of effective appraisal systems, and the use of incentives to reward individual and team performance;
basing promotion and career advancement on performance rather than on seniority or qualification.
The Department's HRD priorities are:
conducting orientation programmes for new staff and reorientation programmes for existing staff;
building skills in land reform implementation within the Department and amongst external service providers in the government and non-government sectors;
development programmes for managers, middle managers and first line supervisors to equip them in managing service delivery, managing resources, managing people with diverse backgrounds and managing change;
providing financial assistance to staff to undertake further study that will benefit the Department.
In 1997 the Department will finalise its HRD Strategy that will outline goals for human resources development, programmes to be implemented and targets to be achieved.
Division of land-related functions
Land reform is a national competency. It is the responsibility of the national government to ensure a more equitable distribution of land ownership, to support the work of the Commission on Restitution of Land Rights and to ensure that a programme of land tenure and land administration reform is implemented. It is the responsibility of provincial governments to provide complementary development support to beneficiaries of land reform. Provincial governments have concurrent competencies with national government with regard to critical areas - such as rural and urban development and agriculture - that affect the sustainability of land reform.
The experience of the land reform programme over the past two years has demonstrated the critical importance of establishing a clear understanding between national and provincial governments of their respective roles and responsibilities in regard to land reform. This understanding must be backed up by institutional arrangements that are capable of ensuring that delivery of land and related development takes place effectively.
It has been agreed that institutional relationships in relation to the land reform programme will be negotiated within each province, allowing for provincial diversity within a national framework. There is, however, general agreement that a formal arrangement is needed to enable the national Department of Land Affairs and the relevant provincial government to consult regularly on issues such as project and beneficiary selection, budgets, and on the development implications of land reform projects. In general, it has been agreed that the form that this arrangement should take is that of a co-ordinating body, with a clear mandate and authority, on which sit DLA provincial officials and those of the provincial government administration. This should facilitate the integration of provincial land reform plans into provincial plans.
It is also important that departments within a province are involved in this process. As part of the process of negotiating institutional arrangements, this issue is being addressed on a province by province basis.
It is envisaged that in the medium-term, the process of compiling Land Development Objectives in terms of the Development Facilitation Act, 67 of 1995, at a local authority level, will facilitate the integration of land reform plans into local government development plans, and through this into provincial planning.
In the long-term, the vision is for a decentralisation of functions to the local government level. The long-term success and sustainability of the land reform programme is to a large extent dependent on the ability of potential beneficiaries to be able to access the programme easily, and to have a clear understanding of what assistance they can get from government. The commitment to decentralised delivery in the long term is founded on a belief that this is the only viable way to ensure effective participation in the programme. Providing services close to the local level, where delivery can most effectively take place, requires the development of a local-level land administration. Building the capacity for this will be a long-term process. It will require strong support at the provincial level.
Much of the land administration function is likely to be delegated or assigned to provincial government. Eventually it may be appropriate for most of these functions to be located at the local government level. This would bring the situation in rural areas into line with those in urban areas where substantial land administration functions, particularly those relating to planning and development control, are already vested in local authorities.
An important element of this vision of a decentralised delivery capacity is the notion of a land office staffed by land officers that would be located within local government. The land offices and their staff would be responsible for elements of the land reform programme, as well as for on-going land administration functions such as:
the allocation of user rights (in the case of communal and public land),
imposition of restrictions on the use of land,
authorization of change of use and land subdivision;
settlement of land disputes, and
assistance with the preparation of land development objectives consistent with the Development Facilitation Act.
This local level capacity would also be able to assist key elements of the land reform programme in the following ways:
Under the Land Redistribution Programme, a local Land Office would advise and assist eligible people to access government grants and with the legal processes involved in land acquisition and transfer including the registration of deeds at the Deeds Office. Assistance would also be provided in the identification of land, assessment of productive potential (through the local agricultural extensionist) and advice on valuations.
A local Land Office, should assist with public information, awareness and education of the Land Restitution Programme, advise and assist claimants with making their claims and with the implementation of Court orders.
With regard to the Land Tenure Reform Programme, a local Land Office, with the support of provincial DLA staff, would assist with rights' adjudications; and ensure that rights are registered at the Deeds Office. Requests for upgrading of tenure rights would be registered in local offices.
In districts where the Land Reform (Labour Tenants) Act, 3 of 1996, is applicable, local Land Offices would need to be provided with special capacity to administer the Act.
The local Land Office would also advise and assist owners and occupiers in matters relating to the legislation extending tenure security to farm dwellers.
The detailed institutional arrangements, as well as the timetable for the establishment of these local offices, is expected to vary from province to province and will depend on local capacity and circumstances. A number of models have been proposed thus far. They include the following:
establishing a satellite office of the provincial office of the DLA at a decentralised level and close to district government;
establishing a facilitation service at a district level that could at some future stage be linked to local government;
providing resources, including training by DLA, to district government to appoint staff to deal with land issues;
seconding staff in the employ of the DLA to district government to work on land reform and land administration issues.
6.8 Responsibilities of the Department of Land Affairs
6.8.1 DLA's provincial offices
The Department of Land Affairs is responsible to ensure that land reform and land administration services are delivered effectively and speedily through accessible and efficient institutions. In order to achieve this, the DLA as a national government department has a commitment to building a strong presence at the provincial level. The Provincial Offices of the Department are key institutions in the implementation of the land reform programme. These offices are seen as the front-line of land reform delivery.
They are responsible for liaising with provincial government in land reform matters and for ensuring that the programme is co-ordinated with broader provincial development plans and priorities. Co-ordinating arrangements between the provincial DLA office and the provincial government departments are currently being discussed in each province. The precise allocation of functions between the DLA regional offices and the provincial authorities will vary according to negotiated arrangements. The exact form these structures will take, their functions and relationships, will be determined by the conditions specific to each province. The overall purpose will be to provide a framework for consultation on arrangements for land administration, land reform projects, and on how financial allocations for the programme should be spent.
The work of the DLA provincial offices will include:
planning and coordinating land reform programmes;
appraising projects and recommending expenditure to budget;
assisting the restitution process;
implementing court orders;
finalising annual work plans and budgets;
contracting service providers;
controlling expenditure;
facilitating projects;
monitoring;
liaising with provincial and local authorities to secure development and support services;
building capacity that will allow land reform and land administration services to be delivered at a local government level;
communicating information about the land reform programme;
jointly convening and running the provincial state land disposal committee that will be responsible for making recommendations about the allocation of state land;
providing input to the policy-making process.
6.8.2 National
DLA, at national level, has responsibility for:
the formulation of policies that will ensure redistribution of land, tenure reform restitution of land, and land development; and
the setting of national norms and standards with regard to land matters;
the management of national restitution, tenure reform and redistribution programmes;
procurement of funds and allocation of budgets;
the coordination of inter-governmental relations in land delivery;
advising and assisting provincial DLA offices with negotiation and the administration of agency agreements, partnership arrangements, and powers delegated to other tiers of government;
advising and assisting provincial offices in the implementation of programmes and projects;
negotiating the settlement of restitution claims on behalf of the state;
managing a national monitoring and evaluation programme.
6.9 Land-related responsibilities of the provincial authorities
All the provinces have responsibility for certain land related functions. Provincial governments have the general responsibility to:
(a) Perform functions relating to land matters and which emanate from:
the ownership of land by the province;
provincial legislative programmes in respect of Schedule Four functions of the new Constitution;
executive authority assigned or delegated by the President or the Minister for Agriculture and Land Affairs;
powers of attorney or agency agreements;
to provide the delivery of land-related services where third tier government is not available or unable.
(b) Perform tasks related to the implementation of national land reform programmes. This primarily entails:
integration of redistribution, tenure reform and restitution projects into regional development plans, and into urban and rural development plans where no local government capacities exist;
development and administration of settlements established for beneficiaries of redistribution, tenure reform and restitution projects;
provision of ongoing support, development assistance and administrative services to settled communities.
The lists above indicate that the land-related responsibilities of the provinces have a wide scope. Within provincial governments responsibility for them may be located within one department, or as is more common, may be split between different departments. Whatever the situation, it is critical that within provincial government responsibility for land matters is clearly located and a staff capacity created to carry out the work. This will facilitate the assumption of responsibility for the management of state land on a day-to-day basis, liaison with the Department of Land Affairs, and provide a centre for the co-ordination of provincial development services in areas where land reform projects occur.
Land Reform Delivery
6.10 Partnerships with the private sector
Government wishes to enlist the support of the private sector wherever this is possible and practical. A variety of constructive proposals for support to land reform have come from commercial farming interests (see Box 4.6 and Section 4.9.2 - 4.9.3). The Department has gone a long way in defining the options available for commercial farmers and corporations when they choose to sell or lease land to emerging farmers, enter into partnerships or establish agri-villages. A private sector-initiatives help desk has been established in the national office in Pretoria, but the responsibility for driving this element of the programme lies with the provincial offices of the Department.
The land reform programme emphasises the key role of the non-governmental sector in supporting rural and urban development and land reform policies. Organisations in this sector have established strong links with communities involved in land struggles and have been instrumental in enabling communities to articulate demands for land. Those who stress good governance and transparency and argue for participation, see a role for NGOs greater than as mere deliverers of services. They seek to involve NGOs and CBOs in the policy dialogue and in decision making. In this connection, the strengthening of NGOs and CBOs as separate, specialist institutions is important. Partnerships with these organisations will maximise the benefit of land reform initiatives to local communities.
The Department is aware that, beyond the organised NGOs operating in the land and rural development sectors, there is a large and diverse pool of experience and expertise which must be included if the land reform process is to meet its development objectives. Consisting of self-employed individuals, private companies and independent consultants, these non-statutory service providers (many of whom have their roots in the NGO sector) offer a wealth of experience and skills necessary for the cost-effective implementation of sustainable development programmes. The Department will seek to involve these service providers at all levels of the land reform process, to complement the work of participating NGOs and statutory agencies, and to help focus and strengthen the respective advantages of each category of service provider. Affirmative action criteria, that take into account factors such as race, gender and national spread, should be used in the appointment of consultants.
6.12 Interim facilitation service
Until such time as the local Land Offices can be staffed and established, a facilitation service has been arranged by the Department to ensure that prospective land reform beneficiaries have access to necessary information and are empowered to apply for assistance. The functions of this service, which is provided by government directly and through an agency agreement with non-governmental service providers using the Community Facilitation and Support Fund, are:
providing information to prospective beneficiaries, explaining the Land Reform Programme processes to them, and offering advice on the variety of options available for settlement;
pro-actively identifying and mobilising individuals or groups who may benefit from land reform;
assisting with applications for government assistance;
facilitating the establishment of legal entities and providing advice with respect to legal issues;
assisting prospective beneficiaries in approaching formal financial institutions and in investigating the local land market;
assisting prospective beneficiaries with the selection and appointment of valuers if required;
linking with provincial and local government authorities and other line function Departments with specific reference to bulk and internal infrastructure supply;
facilitating the appointment of a planner, and the planning process;
ensuring community participation in the planning process;
ensuring the participation of women in decision making and the planning process;
assisting the beneficiaries to identifying settlement needs; and
ensuring that eligible beneficiaries are empowered to access necessary long term services and assistance.
6.13 Dispute resolution
Substantial conflicts have emanated from land related issues and land reform initiatives. The government believes that the success of land reform will be contingent upon its ability to manage conflict by pre-empting, preventing and resolving disputes.
Although some land reform legislation includes dispute resolution mechanisms, a dispute resolution system has been developed which can effectively manage the range of land-related disputes that will arise in the course of the Land Reform Programme.
A National Land Reform Mediation Panel has been established whose members are available to implement dispute resolution procedures in specific situations upon application.
The administering agent appointed by the DLA to manage the Mediation Panel will receive applications for land-related dispute resolution services from any one of the following: the DLA Provincial Director; the head of the provincial government department responsible for land matters; or a Land Claims Commissioner. Upon such application, a mediator will be assigned.
Access to the Mediation Panel is being arranged for Tribunals established in terms of the Development Facilitation Act.
Land Information
6.14 Information needs
A recurring problem in land reform in other countries has been the inadequacy of survey and land tenure records and a lack of information on what exists on the ground and how land is utilised. Where these do not exist or have been destroyed the progress of land reform can be seriously frustrated. A related issue is the lack of adequate public information on land reform programmes and their performance.
South Africa's survey and land record systems are of a high standard. Over decades, South Africa has developed a modern land registration and cadastral system to cover the freehold sector and state land outside the former homelands. This system is, however, not at present comprehensive as it is mainly concerned with serving the land ownership forms which were available primarily to white people. The cadastre faces a major challenge in the need to both maintain existing standards of excellence as well as expand to service the entire South African population. Specific needs will arise in the following areas:
a speedy, reliable and cost-effective system of demarcating land and recording the identity of those who are entitled to occupy it, as part of the process of rapid release to meet the pressing need for land in the urban areas. The Development Facilitation Act, 67 of 1995, is an important step in this direction;
a reliable and cost-effective system of recording rights to land which are established in the process of tenure reform;
a reliable and cost effective system of recording the rights of those who are entitled to use and occupy land which is held on a communal basis. The Communal Property Associations Act, 28 of 1996, creates an initial framework for the development of this system.
In the process of transforming the system, it may be desirable and necessary to make some changes to the system of describing and registering property in land in order to accommodate options which are appropriate to the circumstances of poor people (see Section 4.15, Land Tenure Reform) and are both simpler and cheaper. A working group has been established by the DLA to investigate this.
In the spirit of the new democracy, the Department is obliged to make information freely accessible to Parliament and the public. This requires that a Monitoring and Evaluation System for Land Reform is put in place to provide information on the process, its impact and to identify problems at an early stage so that managers can take the necessary corrective action.
The Department is now re-orienting its service in order to meet the land information needs of all South Africans, especially the landless. These needs include not only land tenure data, but also people's requirements for information on their entitlements under the various land reform programmes, the availability of land, and the progress of land reform in their locality and the country generally.
An up-to-date land information system is essential as a basis for effective planning, development and control of land resources.
Land information has traditionally been stored and conveyed on maps and plans, but modern technology also allows spatial data to be made available in numeric form, ie digital form. The advantage of holding maps in digital form is that they can be transmitted and kept up to date more easily. Computerization has greatly increased the potential for developing land information systems. Of primary importance is the use of specific, generally accepted key data fields that will facilitate the exchange of data between systems and role players. Norms and standards are essential to standardise procedure and processes.
To coordinate land information, a National Land Information System (NLIS) is being established to make available land information to government agencies and the public in accordance with approved standards. The system consists of a computerised database containing spatially-referenced, land-related information and the procedures for the systematic collection, updating, processing and distribution of data.
Land information is a valuable asset and must be protected, including the state's copyright. Pricing policies for the supply of land information by the Department need to be reviewed. The costs of collecting, holding and supplying information are high and, where users have the capacity to pay, these costs must be recovered.
It is recognised that certain users, both internal and external, will require support in assembling and integrating the data required. Support will have to be provided to ensure that land information is used to its fullest potential.
6.15.1 Cadastral information system
The offices of the surveyors-general have established a spatially based cadastral information system providing information on the location and extent of all land parcels, third party rights, servitudes and leases.
An associated document imaging system holds the cadastral documents in electronic form. Ongoing tasks undertaken by the surveyors-generals include:
capturing all existing information into the new system;
noting all new subdivisions and maintaining the database;
devising ways of transmitting this constantly changing information to the users; and
linking the information with the Deeds Offices' records with particulars of ownership and transfer details.
Users may then customize this information by adding their own data, such as land use, valuation or nature of improvements.
The functions of the surveyor-general performed in the former TBVC states, have been rationalised and the whole country is now served from surveyor-general's offices in Pretoria, Pietermaritzburg, Bloemfontein and Cape Town.
6.15.2 Topographic information system and aerial photography
Topographic information includes physical features, such as heights, mountains, rivers, lakes or forests, and built features, such as towns, roads, railways and dams or powerlines. Decision makers need to know the positions of these features so that they can make informed judgements for orderly development. The national mapping organisation, which is part of the Department of Land Affairs, has complete coverage of the country at 1:50 000 scale, providing a comprehensive inventory of topographic information. Since maps tend to get out of date, the entire 1:50 000 series is being converted into digital form. The database will be continuously updated and users will be able to access the latest information.
An aerial photograph, being a record of the land at the instant it was taken, is an invaluable source of information, and subsequent photography of the same location shows how the land has changed. This is useful for detecting environmental degradation and other physical changes to the land, including new human settlement. To minimise duplication, the national mapping organisation co-ordinates all aerial photography required or undertaken by all tiers of government.
6.15.3 Deeds
The Department maintains centralised modern deeds registries which are computerised and form part of a wide area network. This allows for the decentralised availability of information. Continuous updating, changes and enquiries are done from eight deeds offices. The system contains records of all formal (ie legal) land transactions and information on all registered deeds as well as supplementary documentation.
The Department provides an on-line enquiry facility (AKTEX) that allows external users (for example, attorneys, estate agents, banks) to access the deeds database. Soon the direct faxing of deeds and documents from microfilms to consumers will be available. As the deeds office is managed in terms of a trading account, users have to pay a fee for specific types of enquiry. Users can also obtain ordinary copies of registered deeds and documents.
An advisory service aims to ensure that the public can make effective and efficient use of available information. For claimants under the Restitution of Land Rights Act, 22 of 1994, the deeds office is a vital source of information
The Department acknowledges the importance of a unitary land registration system. It is for this reason that the eight deeds offices of the former Republic of South Africa, the four deeds offices of the former TBVC states, one sub-office and six registration offices in the former 'self-governing territories' are to be rationalised. These offices are administered centrally by the Department of Land Affairs in order to establish a unitary land registration system for the whole Republic.
Records of land registration are and must be comprehensive and therefore all transactions in respect of land units are recorded from its inception. These records together with all related documents and deeds must be maintained and kept as public records. This, together with the records of the surveyor general discussed above, serve as a basis for a proper land information system.
6.15.4 Surveying and registration for diverse tenure options
As part of tenure reform, the Department of Land Affairs is committed to the recognition of diverse forms of tenure. Individuals and communities should have a choice as to the form of tenure they prefer. This requires attention to be given to methods of identification of land, as well as appropriate methods of registration of the rights of individuals involved, possibly at a more local level. The introduction of new methods and standards for survey and deeds registration and the options available in this regard are at present being researched. It is already clear that the main system of surveying and registration is flexible and can accommodate different types of tenure. The approach is likely to be one that creates appropriate sub-systems of identification and registration within well-defined and recorded areas of the main system of surveying and registration. Convertibility from one form of tenure and registration to another form within a unitary overall system is an important requirement.
6.15.5 Cost and affordability
Two aspects of the cost implications of the system of surveying and registration of rights in land need attention: the general cost to the economy and the cost relative to the value of the land in question
The general cost is covered either directly by the consumer or indirectly by the taxpayer via the budget. In order to allow the deeds registries to cope with the expected increase in the volume of work as a result of land reform and housing programmes, they have been put on a trading account with a per fee transaction. Limitations on the government budget would otherwise not have allowed the necessary expansion. Through economy of scale, the rationalisation of small offices and appropriate use of technology the cost per registration is kept to a minimum. To promote free competition in conveyancing, statutory fees have been abolished.
Likewise the fees of surveyors are no longer fixed by statute but are negotiable. The surveyors-general offer a free service to government departments in the issuing and awarding of tenders for State Surveys. The principle of user pays for certain of the services provided by the surveyor-general is being investigated.
The costs of surveying and registration are real costs in the development of land and cannot be wished away. (Transfer duty, stamp duty and taxes are not part of the actual registration cost).
Nevertheless, these costs are prohibitive to entrants at the lower end of the property market. While avoiding hidden subsidies through artificial lowering of costs, the Department of Land Affairs is investigating means of reducing the cost of the identification of land parcels in the system described. The use of aerial photography can play a role, especially where this is also required by the state for other purposes.
The investigation into innovations in the deeds registration and surveying system is expected to report on its findings in 1997.
6.15.6 The monitoring and evaluation system for land reform
The DLA has established a specialist component within the organisation to monitor and evaluate its Land Reform Programme. This decision was deemed necessary in light of the following factors:
Land Reform is a new programme and as such needs constant feedback as to the efficiency of its processes and impact. Such feedback is necessary for timeous adjustments to ensure relevant and efficient delivery systems.
Implementation of the programme involves the contribution of a range of role-players, often with diverse interests. It is necessary to access such perspectives and focus these positively towards land reform delivery;
The government is committed to transparency and accountability and the M&E component, through its work, aims to maximise efficiency, ensure that details of the programme implementation are adequately communicated and that the programme meets the policy objectives.
The Directorate carries out the following specialist functions:
Strategic Information Support assumes responsibility for the data and draws upon a national data system to track progress within land reform. The DLA has a sophisticated computer system which makes it possible to have on-line information about key indicators of land reform (such as the number of projects and the stage at which the projects are) for each of the programmes. It also analyses data and presents 'stage-at' reports to management. This information is made available to the public.
Monitoring and Evaluation Implementation co-ordinates the data gathering exercise countrywide. It makes use of provincially-based organisations to assist in the process of data collection and analysis. In its work it interacts with all role players in land reform and is able to assess the degree to which the different role players contribute to the success of projects.
Impact Analysis and Research assists in the development of methodologies to capture information and analyses the impact of the Land Reform Policy on the programme. It develops thematic reports which feeds regularly into the Policy Committee of the DLA.
6.15.7 Communications approach
The Department is developing appropriate communication channels within government and the public domain. Their design recognises the need for different levels of information dissemination, depending on the message and the target audience, and allowing for continuous feedback on policies and implementation from the stakeholders involved.
Among the measures being developed are:
a network of communication officers at national and regional level;
a range of communication methods including radio and television programmes, videos, development theatre, information technology (the Internet), posters, brochures and manuals.
Communication initiatives use existing media networks to ensure the widest dissemination and avoid costly duplication.