10.2 Matrix of Compensation Entitlements and ELIGIBILITY CRITERIA FOR IDENTIFYING APs Who is eligible What are they eligible for How to determine eligibility What’s the objective Comments and compensation levels Landowners Loss of land and rights to 1. Official documentation The aim of OP. 4.12 is to As the matrix on the land issued by or on behalf compensate all who comparison of the LLE and government have lost land. OP OP 4.12 shows, there is ‘their’ 2. Customary documents; :i.e. 4.12 goes beyond technical nothing in LLE which documents recognised by both rules of law or evidence prevents the approach of 4.12 official and customary law as which in part are designed to being adopted here giving rise to ownership rights bring disputes over land to an 3. Oral and evidence with end and ensure security to probative value that the title. OP 4.12 aims at simple claimant and his/her family and substantive justice: “if have been in occupation of the you’ve been on this land for land for at least 35 years. a long time and there is good 4. Open, continuous and evidence of that then you interrupted possession of should be compensated for persons over a very long time losing it” which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. Squatters Permanent improvements Observance of permanent The objective here is to Ditto to above. they have made to the land improvements; questioning the compensate the squatter for the have occupied squatter and neighbours on expenditure on the land but when improvement made; not for the of the land consulting maps and other itself relevant documents Agricultural tenants Loss of income cash compensation A fair approximation of loss Ditto corresponding to one year’s of income crop yield of land lost. Sharecroppers Loss of income their share of the harvest at Ditto to above market rates plus one additional crop compensation.
10.2 Matrix of Compensation Entitlements and ELIGIBILITY CRITERIA FOR IDENTIFYING APs Who is eligible What are they eligible for How to determine eligibility and compensation levels What’s the objective Comments Landowners Loss of land and rights to land 1. Official documentation issued by or on behalf government 2. Customary documents; :i.e. documents recognised by both official and customary law as giving rise to ownership rights 3. Oral and evidence with probative value that the claimant and his/her family have been in occupation of the land for at least 35 years. 4. Open, continuous and interrupted possession of persons over a very long time which effectively vests in them legal rights over the lands they occupy through acquisitive prescription. The aim of OP. 4.12 is to compensate all who have lost ‘their’ land. OP 4.12 goes beyond technical rules of law or evidence which in part are designed to bring disputes over land to an end and ensure security to title. OP 4.12 aims at simple and substantive justice: “if you’ve been on this land for a long time and there is good evidence of that then you should be compensated for losing it” As the matrix on the comparison of the LLE and OP 4.12 shows, there is nothing in LLE which prevents the approach of 4.12 being adopted here Squatters Permanent improvements they have made to the land the have occupied Observance of permanent improvements; questioning the squatter and neighbours on when improvement made; consulting maps and other relevant documents The objective here is to compensate the squatter for expenditure on the land but not for the of the land itself Ditto to above. Agricultural tenants Loss of income cash compensation corresponding to one year’s crop yield of land lost. A fair approximation of loss of income Ditto Sharecroppers Loss of income their share of the harvest at market rates plus one additional crop compensation. Ditto to above
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