Chapter 2 The challenge of evidence-based strategy development: Linkages between evidence, policy and practice

3 Assessing the context 3.3 Potential limitations and risks 3.3.1 The impending closure of the CRLR

One of the key elements shaping and driving the Strategy with respect to Restitution is the envisaged closure of the CRLR and the settlement of all outstanding claims by March 2008. The Restitution of Land Rights Act appears to be silent on the process of closing the Commission. It is likely that pressure to speed up settlement of complex community claims on rural land will lead to a larger number of problematic settlement agreements. This in turn will have major implications for the likely effectiveness of the SIS Strategy. In the Status Quo Report it was recommended that claim settlement should be a phased process. It was proposed that a first-phase settlement agreement should be concluded on the merits of the claim, so that the planning process could determine the quantum of the claim. This would result in a final settlement agreement to be drawn up once greater clarity regarding the requirements of Section 42D(2) of the Act can be given. This proposal enables a more rapid first-phase claim settlement process consistent with the Presidential Directive, followed by a thorough planning process to arrive at a full and final settlement. It is unclear how much room there is for manoeuvre on this matter. Uncertainty over the future of the CRLR and the migration of staff and records remain key aspects overshadowing the SIS Strategy. These have been identified as key questions which must be resolved early in the Strategy adoption and roll-out process. These issues are discussed in Chapter 14.