THE INGONYAMA TRUST BOARD
Presentation to the Portfolio Committee on the Activities of the Board
The Trust is the landowner-in-law of some 2.8 million hectares of land in Kwa-Zulu-Natal and the Board is charged with administering this land for the material benefit and social-well being of the individual members of the communities.
The Trust is administered for the benefit, material welfare and social well being of all members of the tribes and communities living on Ingonyama land.
The Trust cannot encumber, pledge, lease, alienate or otherwise dispose of land without the consent of the Traditional Authority or Community Authority concerned.
VISION AND MISSION
"To improve the quality of life of the people living on Ingonyama land"
"The Ingonyama Trust Board will:
- Provide an effective land administration service
- Create a climate which encourages development
THE INGONYAMA TRUST LEGISLATION
- The Ingonyama Trust was established by the KZN-Ingonyama Trust Act (Act3 of 1994). This legislation
- Transferred land under jurisdiction of the former KwaZulu Government to the Ingonyama Trust.
- Appointed His Majesty the King as the sole Trustee of the Trust.
Some of the functions of the Board have been delegated:
- Consent to issue of Permissions to Occupy for developments under 5 hectares or valued at less than R500.000 Department of Traditional and Local Government Affairs.
- Issuing Prospecting Rights and Minerals Lease Department of Minerals and Energy but note that this arrangement has ceased with effect from 1 May 2004.
CURRENT ACTION PROGRAMME
Activity Objective & Goal
-Rating To investigate and finalise the Trust liability for payment
-State Domestic Properties To transfer land used for State Domestic purposes to relevant organs of State.
-Townships to transfer former KZN towns to local authorities as required in ITB legislation.
-Transfer of the State Land To take transfer of State land to enable Board programmes to be completed.
-Title Consolidations To register all vested assets and enable assets register to be finalized
-Firebreaks, fencing, Alien To assist communities with their legal and social
-Communal Land Rights To provide a vehicle for achievement of the objectives of this legislation.
-Mineral Resources To discharge the fiduciary obligations to protect the interest of the Board and the communities it represent.
Asset Register To register and record the land mineral assets.
-Communications To provide information on the Trust to communities, organs of the state and the public at large.
-Distribution of Funds To accelerate the transfer of funds to the various communities.
COMMUNAL LAND RIGHTS LEGISLATION
- Applies to Ingonyama Trust Land.
- The Board will be re-constituted as the Ingonyama Land rights Board (ILRB) headed in perpetuity by the Ingonyama.
- The New Board will remain the landowner-in-law of all land presently registered in the name of the Trust and will be responsible for transferring communal land as determined by the Minister.
- The Board will additionally act as the Land Rights Board for KwaZulu-Natal and will be responsible for specified functions in respect of land covered by the legislation over and above the land presently registered in the name of the Trust.
- The Board will need to continue to function as landowner-in-law to deal with day-to-day real estate matters until such time as land has been transferred to communities.
MINERAL AND PETROLEUM RESOURCES DEVELOPMENTACT (ACT 28 OF 2002)
- Act came into force on 1 May 2004 but related Royalties legislation delayed until2009.
- The Act distinguishes between certain types of Mineral Rights- \old Order, New Order and preferent. Accordingly the Board firstly needs to determine the exact status of al Mineral rights that it owns.
- Geological report to be obtained.
- Application to be made for conversion of old rights and issue of new order rights.
PROPERTY RATES ACT (ACT 6 OF 2004)
- Date of commencement: 1 July 2004.
- Imposes financial burden implications on the trust as owners but first R15, 000 in value of each residential property exempt.
- Land reform beneficiaries exempt for ten years provided property does not change hand.
- Municipalities may provide for exemptions, rebates, and reductions.
Traditional leadership and Governance Framework Act 2003
The Board operates within an environment interlinked with the institution of Traditional leadership and this Act impacts on the workings of the Board.
Other legislation that impacts on the Ingonyama Trust
Some 30 other pieces of legislation impact upon the working of the Trust. This legislation covers financial matters, agriculture, environment, nature conservation, forest, town and country planning, water resources, land rights, roads, heritage, fencing, firebreaks and alien vegetation.
- Revenue Distribution Policy.
- Rental policy.
- Leasing of land Total of 137 short-term and long term leases issued generating revenue of R588.000 per annum.
- Issuing of PTOs and 88 institutional PTOs have been issued in year to 31 March 2004.
- Capacity Building of Traditional Authorities.
- Financial management System
- Transfer of Townships (subject to final registration-seven township registers have been opened).
- Funds totaling R23 million have been committed to Traditional Authorities.
- Providing assistance and advice to communities on land related issues and possible joint venture schemes in furtherance of BEE and mining Charter requirements, forestry privatization and tourism related projects.
- Ensuring that rural communities achieve fair deals from entrepreneurs and developers.
- Ensuring that land is made available for community care projects. Such as Africa Centre (HIV/Aids) and Doctors for Life care centres.
- Ensuring that land is made available for rural housing development purposes.
- Providing policy inputs in respect of rural housing, townships, commercial land and IDPs
- Changing nature of the environment.
- Changing nature of legislation.
- Lack of internal capacity.
- Suspension of tribal accounts for more than a year.
- On-going uncertainty with regard to rates liability.
- Uncertainty of future of Board vis a vis Communal Land Rights legislation.