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Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Industry Charters

Forest Sector Charter

13. Enterprise Development

13.2 Additional Instruments

13.2.4 Securing land rights and land holding structures for new afforestation and the restructuring of State forest assets


The implementation of B-BBEE through (1) new afforestation on communal land and (2) the transfer  of ownership and lease rentals on state forest  plantations to be transferred  in ownership to communities, require the confirmation of tenure rights and the establishment of institutional structures to undertake and manage forestry projects. This must be implemented within the framework of the Interim Protection of Informal Land Rights Act (Act 31 of 1996) and Communal Land Rights Act (Act 11 of 2004) 1. Arrangements are also necessary to ensure the continued use of existing state forest land for timber production.


To this end Government undertakes to implement a cooperative governance initiative involving the Department's of Land Affairs & Water Affairs and Forestry, as well as Provincial and Municipal Governments to:

(a) Establish a Memorandum of Understanding between parties to ensure the continued and sustainable use of existing state plantation areas for timber production, and to provide for post-settlement support to the new owners of such land. This measure will be operational within one year of the signing of the Charter.
(b) Ensure that the necessary legislative framework, budget and programme is established to enable communities to confirm their tenure rights and establish land holding structures for the transfer of existing state forest land and communal land earmarked for afforestation. This measure will be operational within one year of the signing of the Charter.
(c) The programme will secure tenure rights and establish land-holding structures for 50% of all new afforestation projects in the Eastern Cape and 90% of all state forest land transfers within 5 years of the signing of the Charter.




1 Some of the land claims on State forest land are to be dealt with in terms of the Restitution of Land Rights Act. Instruments to deal with these restitution claims are discussed in par. 15.2.7 below.