Special Master of Labour Tenants Professor Richard Levin has backed calls for an independent evaluation of South Africa’s Labour Tenants Claims Resolution Programme (LTCRP) during a Land Court hearing, saying his office has the expertise and experience to lead the process.
The hearing, before Land Court Judge President Monica Carelse, centred on who should conduct the long-awaited evaluation of the programme, which was established to fast-track thousands of outstanding labour tenant claims. The court reserved its decision after granting Legal Aid South Africa two weeks to file additional submissions before issuing a directive on the way forward.
The Association for Rural Advancement (AFRA), one of the applicants in the long-running Mwelase litigation, argued that the evaluation should be led by Levin’s office, as contemplated in the court-approved Labour Tenants Claims Resolution Programme implementation plan.
AFRA also proposed that the evaluation be overseen by an independent steering committee comprising parties to the litigation, government departments and organisations representing labour tenants to ensure transparency, accountability and meaningful participation.
According to AFRA, Levin supported the proposal during the hearing, reaffirming that his office possessed the institutional knowledge and technical expertise needed to conduct the evaluation. He also supported the establishment of an independent steering committee chaired by a Land Court judge.
The Department of Agriculture, Land Reform and Rural Development opposed the proposal, maintaining that the evaluation should instead be conducted by either a retired judge or an independent consultant.
AFRA argued that appointing another evaluator risked creating further delays in a programme that has already struggled to resolve labour tenant claims lodged more than two decades ago.
“An independent evaluation is essential to understand why the Labour Tenants Claims Resolution Programme is failing to deliver justice to thousands of labour tenant families. The evaluation must strengthen accountability, identify systemic challenges and help ensure the programme finally delivers on its constitutional promise,” said AFRA Strategy Manager Siya Sithole.
https://mg.co.za/news/south-africa/2019-03-15-concourt-to-rule-on-farm-tenant-claims
The Labour Tenants Claims Resolution Programme was introduced following the Constitutional Court’s 2019 judgment in the Mwelase case, which found that the Department had failed to process labour tenant claims within a reasonable time. The court subsequently appointed Levin as Special Master to oversee implementation of a plan aimed at accelerating the resolution of outstanding claims.
Labour tenants are people who historically lived and worked on commercial farms in exchange for the right to occupy and use land instead of receiving full wages. The Land Reform (Labour Tenants) Act of 1996 gave qualifying labour tenants the right to claim ownership of land they and their families had occupied for generations.
Applications closed in March 2001, but thousands of claims remain unresolved despite repeated court interventions.
The issue has continued to attract scrutiny from Parliament and civil society.
During a meeting of Parliament’s Portfolio Committee on Land Reform and Rural Development in July last year, the Department reported that just over half of the 20,524 labour tenant applications had been finalised, leaving more than 9,000 claims still outstanding.
https://mg.co.za/news/south-africa/2018-04-13-white-man-said-he-found-our-land-to-build-a-school
Department officials cited staff shortages, limited institutional capacity, weak provincial performance and delays in court processes as some of the reasons for the slow pace of implementation.
The Special Master’s office, however, has previously argued that several systems designed to improve the programme, including a digital claims platform, claimant portal and standard operating procedures, have not been fully implemented despite being available.
The slow progress has raised broader questions about how South Africa measures the success of land reform.
In an opinion article published last week, Vumelana Advisory Fund chief executive Peter Setou argued that land reform should not be measured solely by the number of hectares transferred or claims finalised, but by whether it creates sustainable livelihoods and contributes to rural economic development.
Setou said the real measure of success should include whether restored land creates jobs, improves agricultural production, strengthens food security and provides lasting economic opportunities for beneficiary communities.
He argued that many restitution and redistribution projects continue to struggle because beneficiaries often receive land without adequate post-settlement support, including access to finance, infrastructure, technical expertise and markets.
Drawing on examples from countries such as Ethiopia and Sierra Leone, Setou said secure land rights, effective institutions and long-term support were essential if land reform was to achieve meaningful social and economic transformation.
His views echoed concerns repeatedly raised by labour tenant organisations and the Special Master’s office that transferring land alone would not address historical injustice unless beneficiaries were supported to use the land productively.
AFRA said the independent evaluation would help identify institutional weaknesses that continue to delay labour tenant claims and recommend reforms to improve accountability and implementation.
Following submissions from all parties, Judge President Carelse reserved judgment.
Her directive on the independent evaluation is expected after Legal Aid South Africa files its additional submissions. – news@mukurukuru.co.za
Be First to Comment