S E C T I O THE COMMONAGE PROGRAM O N E …

1 THE COMMONAGE PROGRAM SECTION 1 policy , legislative framework and delivery Mechanism policy , legislative framework & delivery Mechanism Contents List of Figures and Tables List of Acronyms introduction Chapter 1: Background 1. The Historical perspective of municipal COMMONAGE 2. The making of policy for municipal COMMONAGE 3. Refining policy for municipal COMMONAGE Infrastructure development Re-engineering and the Product exercise The Minister s policy directive and National Workshop on Municipal COMMONAGE Chapter 2: The COMMONAGE PROGRAM 1. introduction 2. policy Statement 3. The primary aim of COMMONAGE 4. The Grant for Acquisition and Development of COMMONAGE 5. Legislation 6. The grant mechanism The grant component Level of the grant Chapter 3: Tribal COMMONAGE S E C T I O N O N E 1.

2 introduction 2. Who constitutes tribes? 3. What are suitable forms of land holding companies? 4. Legislation 5. Criteria for accessing the grant Chapter 4: Municipal COMMONAGE 1. Mechanism for accessing existing COMMONAGE 2. Legislation 3. Criteria for accessing the grant Chapter 5: Municipal COMMONAGE : delivery mechanism 1. delivery of the COMMONAGE PROGRAM 2. Implementation of COMMONAGE projects 3. The subsistence user and emergent farmer framework List of Figures and Tables Table 1 Proposed roles of different role players Figure 1 Types of leasehold List of Acronyms MEC Minister of Executive Council DLA Department of Land Affairs PDLA Provincial office of Department of Land Affairs NDLA National office of Department of Land Affairs PDA Provincial Department of Agriculture DM District Municipalities TLC Transitional Local Council NGO Non Governmental Organisation introduction This section of the document sets out the policy , legislative framework and delivery mechanisms for the COMMONAGE PROGRAM .

3 The PROGRAM consists of two sub-programs: that of municipal COMMONAGE and tribal COMMONAGE . Although the municipal COMMONAGE policy and procedures have been in place since June 1997, a review and assessment of current projects conducted during 1999, necessitated a refinement of the current municipal COMMONAGE policy and procedures. In addition, the need to expand COMMONAGE to allow tribes to access land for COMMONAGE purposes has also been identified by the Minister as a priority. Hence, a draft policy framework has been developed for tribal COMMONAGE . Chapter 1 provides a background to the development and refinement process of municipal COMMONAGE . Chapter 2 describes the new COMMONAGE PROGRAM and sets out the general policy , legislative framework and grant mechanism. The refined municipal COMMONAGE policy and delivery mechanisms are set out in Chapter 4 and 5.

4 An operational manual (user guide) has been developed which sets out how COMMONAGE projects should be implemented and includes a Toolkit with relevant guidelines. The existing municipal COMMONAGE policy documents 12/1997, 58/1999 are incorporated in this document. The Minster s directive during February 2000, in which she indicated that tribes wishing to access additional land for use of COMMONAGE should also be addressed through the current COMMONAGE policy , has initiated a research process to establish a policy framework for tribal COMMONAGE . This framework is set out in Chapter 3. However, as this is a departmental position, it needs further consultation with relevant stakeholders and public participation. Chapter 1: Background 1. 1. The Historical perspective of municipal COMMONAGE The term municipal COMMONAGE is traditionally applied to land owned by a municipality or local authority.

5 The land was usually acquired through state grants or from the church. The land was granted to serve the needs and interests of the poorer residents of the specific town. COMMONAGE lost its traditional character when previously disadvantaged residents of small towns lost access to the COMMONAGE in the late 50 s and 60 s when COMMONAGE was classified as land, which fell within the white group areas and was leased to the highest private white [1] Although the income raised in this manner provides for enhanced local economies, it meant that the land no longer served the purpose for which it had been granted. It also meant that non-white groups could not bid to lease land and were excluded from the use of land that was historically available for all needy/poor residents of a specific town. Municipal COMMONAGE differs from other municipality owned land in that the residents of the town have acquired grazing rights on the land, or the land was granted expressly to benefit the needy local residents.

6 The precise legal position of COMMONAGE normally depends on the specific conditions under which the land was granted, or the conditions contained within the tittle deed of the land. Municipalities are also empowered to set aside land under its control for pasturage of stock and for the purposes of establishing garden allotments. They may make by-laws to regulate and control the use and protection of such land and the kinds of stock which may be pastured, restrict the number of stock per household, restrict or prohibit the use of certain of the council s land for pasturage and prescribe appropriate charges. These measures are contained in a number of Municipal Ordinances/Local Authority Ordinances and regulations. In general, Municipalities may not alienate the land without the consent of the Premier and must make it available for the use and benefit of inhabitants of the land.

7 In most provinces officials under the MEC responsible for Local Government exercise these powers. 1[1] Surplus People Project, May 1999, Final report, Namaqualand District Planning and Management Project 2. 2. The making of policy for municipal COMMONAGE The Department of Land Affairs, hereafter referred to as DLA, first became involved in municipal COMMONAGE during 1996, in Pofadder, Northern Cape Province, when the department agreed to buy out an existing COMMONAGE lease allocated to a white owner. The lease was bought out under the condition that the Pofadder municipality would make the COMMONAGE available to members of the small farmers association, who were both needy and previously disadvantaged. Subsequently, the DLA assisted the municipalities of Pella and Concordia, Northern Cape Province, to acquire additional land for COMMONAGE purposes.

8 However, at that stage no formal policy had been formulated. As other provinces also expressed the need for COMMONAGE , the Directorate: Redistribution policy and Systems was tasked to develop policy and procedures for municipal COMMONAGE . After a diligent study, the Minister of Land Affairs approved the municipal COMMONAGE policy , on 12 June 1997. This policy only dealt with municipal land and did not include tribal owned land held in trust by the state. The policy emphasised the fact that municipal COMMONAGE is land, which has a public character, and that land needed by local poor residents for agricultural purposes should be made available on a leasehold basis for such [2] The policy targeted those residents who wished to supplement their income and/or use the COMMONAGE for household consumption.

9 The policy addressed three issues: firstly, that of assisting and encouraging Municipalities to develop the conditions which will enable poor residents to access existing COMMONAGE , secondly, that of assisting Provincial Government to develop provincial policy , legislative frameworks and administrative systems for the maintenance and use of municipal COMMONAGE for land reform purposes and thirdly that of providing funds to enable resource poor municipalities to acquire land to extend or create a COMMONAGE . The latter has been the form of implementation to date. The Grant for the Acquisition of Municipal COMMONAGE enabled municipalities to acquire land for COMMONAGE purposes. This grant did not cover tribes wishing to acquire additional land for use as COMMONAGE . 3. 3. Refining policy for municipal COMMONAGE Infrastructure development During implementation of the policy in 1998, it became evident that there were problems with regard to the sustainability of COMMONAGE projects.

10 This had a direct link with the infrastructure on the land. The experience gained, had shown that the basic infrastructure needed to make COMMONAGE projects sustainable was lacking. The need to review the grant became necessary as the grant only allowed for the acquisition of land and not for the development of infrastructure, once the land had been acquired. After a review of COMMONAGE projects and further research, recommendations were made and approved by the policy Committee on 24 June 1999 and by the Minister on 9 August 1999. 3[3] This included: That the existing COMMONAGE grant be extended to allow for infrastructure development; and Those municipalities who own existing COMMONAGE also be allowed to utilise the COMMONAGE grant for infrastructure development. Re-engineering and the Product exercise One of the recommendations from the re-engineering process, was that various products should be developed within the redistribution PROGRAM .