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Negotiations

We attended two task team meetings in the second half of 2006. In the first meeting, at the end of July, government agreed to distribute the draft claim form to all members of the task team. We received it a few days later, worked on it and sent it back in early August. We have effected three types of change:

  1. re-arranged and edited some of the sections, to improve the coherence of the form,
  2. appended community resolution forms, to make it easier for claiming communities to deal with these requirements, and
  3. improved the layout of the document. The revised form was tabled at the second meeting, held in 21 September, and adopted as the form that will be used for the betterment redress programme.

The main purpose of the task team meetings during the last six months of 2006 was to discuss the ‘quantum’ (the estimate of numbers of households affected by betterment throughout the Ciskei and Transkei). In July, the focus of the meeting was presentations by BRC and Tralso. In order to present a coherent report, BRC consolidated information from its data-base and worked with Umhlaba to produce a map showing all villages covered. In the meeting we tabled this report, covering Butterworth and Nqamakwe. Tralso indicated that its work in the Nyandeni area was not yet complete; it asked for an extension until the end of August. The meeting was characterised by misunderstandings and terse exchanges. It ended with an agreement that BRC/Tralso would produce a consolidated research report by the beginning of September, and distribute this to members of the task team. The members were asked to apply their minds to the challenge of filling the remaining information gaps, and report-back in this regard to the September meeting.

BRC received Tralso’s report in early September. Apart from pulling the Nyandeni information into the consolidated document, we also edited the earlier research report (prepared in June 2005) and included statistical and mapped information on Cala and Lady Frere. In summary, the document indicated that almost 64 000 households had been dispossessed through the implementation of betterment in those districts researched by FHISER and engaged in by BRC and Tralso. The government representatives in the team received the document well. The meeting took a decision that the ultimate quantum could be derived or extrapolated from the primary research that reflected in the consolidated report.

BRC embarked on the challenge of extrapolation through applying percentages of affected households in districts covered in the consolidated documents to total household populations in other districts (drawn from the 2001 census). Through this process, we calculated that 30 000 Ciskei households and 150 000 Transkei households were dispossessed by betterment. The total value of land rights dispossessed amounted to R8,25bn. These figures (180 000 households, R8,25bn) were significantly lower than earlier estimates (320 000 households, R12,8bn), therefore we recommended that they be regarded as minimum figures (and those contained in the 2004 memorandum be regarded as maximum figures). The document was presented to the task team for consideration on 28 November. The task team adopted the document, with the proviso that we should include Umzimkhulu (an area that is currently under KZN).

The commissioner outlined that there will be a need to draft three memorandums, one each to the minister, the ‘economic cluster’ in cabinet, and the full cabinet. What became clear out of this meeting was a need for focused lobbying directed to all the possible and influential politicians within the cabinet, parliamentarians and within the ranks of the ANC and its alliance partners. It seems that the task team is now, finally unified in its support for the betterment redress programme; the site of struggle will now shift to cabinet.

Apart from the quantum, the other negotiation issue that has been hotly contested during the past year has been the forms of compensation that will be permitted under the betterment redress programme. In this regard, there has been a stand-off between the civil society position, which favours the ‘50/50 Cata model’ (link to glossary), and the government position, which dismisses financial compensation altogether. In the July meeting, BRC suggested that the best way to resolve the issue would be for the Minister to engage directly with the community leadership. However, Commissioner Gwanya later expressed concern that the Minister could be embarrassed or placed under undue pressure in such an encounter. Instead he suggested that the government delegation in the task team should meet the leadership. This meeting took place, and it resulted in an agreement that Commissioner Gwanya would set up a meeting between the leadership and the Minister. This meeting has not yet been scheduled.

Map

In order to prepare the memoranda referred to above, there is a need to resolve a number of outstanding matters. The most pressing and complicated one was the development model that will be used for the betterment redress programme. This has since been formulated. Consequently, the team has been able to prepare the memorandum for the Minister. At this stage, there is only one unresolved issue, namely whether or not there will be space in the programme for financial compensation. This matter will be addressed through direct interaction between the Minister and the community leadership. We hope that the negotiation process will be concluded before the end of June.

 

 

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