Department of Rural Development and Land Reform Annual Report 2014/15 i ii CONTENTS Department of Rural Development and Land Reform Annual Report 2014/15 Vote 33 PART A: GENERAL INFORMATION 2 General information 2 List of Abbreviations/Acronyms 4 Strategic overview 6 Legislative and other Mandates 8 Organisational Structure 9 Entities reporting to the Minister 10 Foreword by the Minister 12 Statement by the Deputy Minister Mashego-Dlamini 13 Statement by the Deputy Minister Skwatsha 15 Overview of the Accounting Officer PART B: PERFORMANCE INFORMATION 18 Accounting Officer’s Statement of Responsibility for Performance Information 18 Auditor-General’s Report: Predetermined Objectives 18 Overview of departmental Performance 21 Strategic Outcome Oriented Goals 22 Performance Information by Programme 34 Summary of Financial Information PART C: GOVERNANCE 40 Introduction 40 Risk management 40 Fraud and corruption 40 Minimising conflict of interest 41 Code of conduct 41 Health, safety and environmental issues 42 Internal control unit 42 Report of the Audit Committee PART D: HUMAN RESOURCE MANAGEMENT 46 Legislation that govern Human Resource Management 46 Introduction 50 Human Resources Oversight Statistics PART E: FINANCIAL INFORMATION 68 Report of the Accounting Officer 74 Accounting Officer’s statement of responsibility for the Annual Financial Statements 75 Report of the Auditor-General 79 Appropriation per programme 80 Appropriation per economic classification 178 Notes to the appropriation statement 180 Statement of financial performance 182 Statement of financial position 183 Statement of changes in net assets 184 Cash flow statement 185 Accounting policies 191 Notes to the annual financial statements 228 Annexures to the annual financial statements 246 Report of the Auditor-General to Parliament on Agricultural Land Holding Account 249 Agricultural Land Holding Account: Annual financial statements 279 Report of the Auditor-General to Parliament on the Deeds Registration Trading Account 282 Deeds Registration Trading Account: Annual financial statements PART A General information DRDLR | ANNUAL REPORT | 2014/15 1 1. General information PHYSICAL ADDRESS: EVICTIONS TOLL-FREE NUMBER: 184 Jeff Masemola Street 0800 007 095 Pretoria TELEPHONE NUMBER: 0002 012 312 8911 FAX NUMBER: POSTAL ADDRESS: 012 312 8066 Private Bag X833 WEBSITE ADDRESS: Pretoria www.drdlr.gov.za 0001 2. List of Abbreviations/Acronyms AG Auditor-General DMP Demand Management Plans AGSA Auditor-General of South Africa DORA Division of Revenue Act AFS Annual Financial Statement DPSA Department of Public Service and AIDS Acquired Immune Deficiency Administration Syndrome DRDLR Department of Rural Development APP Annual Performance Plan and Land Reform ALHA Agricultural Land Holdings Account EC Eastern Cape ASNAPP Agribusiness in sustainable natural EE Employment Equity plant EEA Employment Equity Act ANC African National Congress EHWP Employee Health and Wellness BAS Basic Accounting System Programme CTH Cheadle Thompson and Hayson FCC Finance Compliance Committee CRLR Commission on Restitution of Land FMPPI Framework for managing Rights programme performance CFO Chief Financial Officer information CPA Communal Property Association GRAP General Recognised Accounting CRDP Comprehensive Rural Development Practice Programme Ha Hectares DAFF Department of Agriculture Fisheries HH Households and Foresty HIV Human Immuno-deficiency Virus DoA Delegations of Authority HR Human Resource DDG Deputy Director-General HRD Human Resource Development DG Director-General ICT Information Communication DM District Municipalities Technology 2 IDP Integrated Development Plan PSSC Provincial Shared Service Centre IT Information Technology PSW Public Service Week JE Job Evaluation PSTF Public Service Trainers Forum JHB Johannesburg POE Portfolio of Evidence KZN KwaZulu-Natal RADP Recapitalisation and Development LP Limpopo Programme MCS Modified Cash Standard RDP Rural Development Programme MP Mpumalanga REID Rural Enterprise and Industrial MPAT Management Performance Development Assessment Tool RID Rural Infrastructure Development MTSF Medium Term Strategic Framework RLCC Regional Land Claim Commission MTEF Medium Term Expenditure SCM Supply Chain Management Framework SCMP Supply Chain Management Policy NARYSEC National Rural Youth Services Corps SCOA Standard Chart of Accounts NBAC National Bid Adjudication Committee SDIP Service Delivery Improvement Plan NDP National Development Plan SDF State Domestic Facilities NDS National Development Skills SG Surveyor General NEDLAC National Economic Development SETA Skills Education Training Agency and Labour Council SOP Standard Operating Procedures NPC National Planning Commission SMS Senior Management Service NSDF National Spatial Development SLA Service Level Agreement Framework SPLUM Spatial Planning and Land Use OHS Occupational Health and Safety Management OSD Occupation Specific Dispensation SPLUMA Spatial Planning and Land Use OVG Office of the Valuer–General Management Act PA Performance Agreement TB Tuberculosis PAA Public Audit Act TCC Tax Clearance Certificates PERSAL Personnel Salaries TR Treasury Regulations PFMA Public Finance Management Act TRANCRAA Transformation of Certain Rural SIU Special Investigating Unit Areas Act PLOF Policy on Land Ownership by WC Western Cape Foreigners VCT Voluntary Counselling and Testing DRDLR | ANNUAL REPORT | 2014/15 3 3. Strategic Overview 3.1 Vision 3.2 Mission Vibrant, equitable and sustainable rural To initiate, facilitate, coordinate, catalyse and communities. implement an integrated rural development programme. 3.3 Values Integrity Diversity Diligence Compassion Transparency Honesty Accountability Professionalism People focused 4 3.4 Strategic Outcome Orientated Goals Strategic Goal 1 Corporate governance and service excellence Forster corporate governance and service excellence through Goal Statement compliance with the legal framework Improve land administration for integrated and sustainable growth Strategic Goal 2 and development Improve land administration and spatial planning for integrated Goal Statement sustainable growth and development with a bias towards rural areas Promote equitable access to and sustainable use of land for Strategic Goal 3 development An inclusive and equitable land dispensation with transformed Goal Statement patterns of land tenure and use Strategic Goal 4 Promote sustainable rural livelihoods Improve rural livelihoods as a result of capabilities, income and job Goal Statement opportunities provided Strategic Goal 5 Improved access to services Improve access to services in rural areas through the coordination of Goal Statement quality infrastructure Strategic Goal 6 Sustainable rural enterprises and industries Promote economically, socially and environmentally viable rural Goal Statement enterprises and industries Strategic Goal 7 Restoration of Land Rights Restoration of land rights in terms of the Restitution of Land Rights Goal Statement Act, as amended. DRDLR | ANNUAL REPORT | 2014/15 5 4. Legislative and other Mandates The constitutional and legislative mandate which • Upgrading of Land Tenure Rights Act, informed the operations of the department in No. 112 of 1991 the financial year under review was drawn from, The Act makes provision for the upgrading amongst other, the following legislations: and conversion into ownership of certain rights graded in respect of land, as well as for the • Deed Registries Act, No. 47 of 1937 transfer of tribal land into full ownership to a The Act makes provision for the administration tribe. of the land registration system and the registration of rights in land. It requires that • Land Reform: Provision of Land and deeds and documents be prepared and lodged Assistance Act, No. 126 of 1993 in a Deeds Registry by a Conveyancer or This Act makes provision for the designation of Notary Public. These deeds and documents certain land, the regulation of the subdivision are subjected to three levels of examination of such land and the settlement of persons by legally qualified personnel who scrutinise thereon. In addition, it provides for the the contents for accuracy and compliance with acquisition, maintenance, planning development, common law, case law and statutory law. improvement and disposal of property and the provision of financial assistance for land reform • State Land Disposal Act, No. 48 of 1961 purposes. The Act makes provision for the disposal of certain State land and to prohibit the acquisition • Restitution of Land Rights Act, No. 22 of of State land by prescription. 1994 The Act makes provision for the restitution • Sectional Titles Act, No. 95 of 1986 of rights in land to persons or communities The Act makes provision for the division of dispossessed of such rights after 19 June buildings into sections and common property 1913 as a result of past racially discriminatory and for the acquisition of separate ownership laws or practices. To administer this task, the in sections coupled with joint ownership in Act established a Commission on Restitution common property. It further regulates the of Land Rights and a Land Claims Court. The transfer of ownership of sections and the Minister is authorised to purchase, acquire in registration of sectional mortgage bonds any other manner or expropriate land or rights in over, and real rights in, such sections. It also land for the purpose of restitution awards. makes provision for the establishment of body corporates to control common property. 6 • Land Reform (Labour Tenants) Act, No. 3 under which the right of persons to reside on of 1996 land may be terminated. The Act makes provision for the security of Planning Profession Act, No. 36 of 2002 tenure of labour tenants and those persons The South African Council for Planners is occupying or using land as a result of their established under this Act. The Act makes association with labour tenants. It also makes provision for different categories of planners and provision for the acquisition of land and rights in the registration of planners and authorises the land by labour tenants. identification of areas of work for planners. The Act seeks to protect the public from unethical • Communal Property Associations Act, practices and to ensure a high standard of No. 28 of 1996 professional conduct and integrity. The Act makes provision for communities to form juristic persons, to be known as communal • Professional and Technical Surveyors property associations, in order to acquire, hold Act, No. 40 of 1984 and manage property on a basis agreed to by The Act makes provision for the establishment members of a community. This has to be done in of a South African Council for Professional and terms of a written constitution. Technical Surveyors, as well as the registration of professional surveyors, professional • Land Survey Act, No. 8 of 1997 surveyors in training, surveyors, survey technicians and survey technicians in training. The Act makes provision for the regulation of the survey of land in South Africa. • Spatial Data Infrastructure Act, No. 54 of 2003 • Extension of Security of Tenure Act, No. 62 of 1997 The Act makes provision for an electronic metadata catalogue and for the determination of The Act makes provision for the facilitation of standards and prescriptions with regard to the long-term security of land tenure, to regulate the facilitation of the sharing of spatial information. conditions of residence on certain land and to regulate the conditions on and circumstances DRDLR | ANNUAL REPORT | 2014/15 7
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