Bosa Transmission Interconnection Project Final Resettlement Policy Framework –Report

BOSA TRANSMISSION 2 March 2018 Revision: 2 INTERCONNECTION PROJECT Reference: 112581 FINAL RESETTLEMENT POLICY FRAMEWORK –REPORT SAPP, BPC and Eskom

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Report title FINAL RESETTLEMENT POLICY FRAMEWORK –REPORT

Document ID 112581 Project number 112581

File path Https://aurecongroup- my.sharepoint.com/personal/noeleen_greyling_aurecongroup_com/Documents/112581 BOSA/BOSA Draft RPF Report -2-.docx Client SAPP, BPC and Eskom Client contact

Re Date Revision details/status Prepared Author Verifier Approver v by 1 22 January 2018 0 NG NG TS TS

2 2 March 2018 1 NG NG EdP TS

Current revision 2

Approval

Author signature Approver signature

Name Noeleen Greyling Name Tebogo Sebego

Title Social Scientist Title Associate

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BOSA TRANSMISSION INTERCONNECTION PROJECT

Date 2 March 2018 Reference 112581 Revision 2

Aurecon South Africa (Pty) Ltd 1977/003711/07 Aurecon Centre Lynnwood Bridge Office Park 4 Daventry Street Lynnwood Manor 0081 PO Box 74381 Lynnwood Ridge 0040 South Africa T +27 12 427 2000 F +27 86 556 0521 E [email protected] W aurecongroup.com

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Executive summary

The project is funded by the European Union (EU) and the funds are administered by the Development Bank of Southern Africa (DBSA). An environmental assessment process is required to meet the international funder standards for environmentally and socially sustainable development and will be termed an Environmental and Social Impact Assessment (ESIA). The DBSA Environmental and Social Safeguards Standards, closely linked to the Performance Standards of the International Finance Corporation (IFC) will guide the overall ESIA, which will be conducted as two Environmental Impact Assessments (EIAs), run in parallel, to ensure that the specific South African and Botswana requirements are met.

The SAPP appointed Aurecon South Africa (Pty) Ltd (hereafter referred to as Aurecon) as an independent consulting firm to provide transaction advisory services and project scoping for the proposed transmission interconnector project between the two countries. Aurecon was commissioned to undertake the Preliminary Design and the ESIA on the referred transmission corridor. The design and environmental authorisation processes to be undertaken are for the construction of a 400-kV transmission power line. This will consist of two transmission lines located approximately and 60 m apart and 210 km in length. The application for environmental authorisation is for a 1 km wide corridor within which the transmission lines will be located. The line will connect the existing Isang substation in Botswana to the proposed Watershed B substation (hereinafter referred to as Mahikeng substation) near Mahikeng in South Africa.

The ESIA authorisation process is required in terms of the National Environmental Management Act (No.107 of 1998) (NEMA), as amended in South African and the Environmental Impact Assessment Act (No. 10 of 2011) (EIAA) in Botswana. The details of the entire line have been included in the application which will go to the Department of Environment Affairs (DEA) in South Africa to allow for an overview of the entire project, although decision-making will only apply to the section of line between the proposed Mahikeng substation and the border between South Africa and Botswana.

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The DEA in Botswana requires that an environmental practitioner registered with Botswana Environmental Assessment Practitioners Association (BEAPA) undertake the EIA process in Botswana and Aurecon have thus partnered with a local firm Digby Wells, trading as RPM, who have managed the process in Botswana in terms of the EIAA. A separate report will be submitted to the DEA in Botswana for review and approval of the relevant section in Botswana.

Affected households

In Botswana an aerial survey was done where 128 impacted farms were identified, followed with a field survey where two of the farms were found to be nonexistent, leaving the total number of farms impacted to be 126. Out of the 126 farms surveyed, 60 farms were fenced, most of the farmers used sticks, poles for fencing, and only a few farms were fenced using wire fence and steel poles. The remaining 66 farms that were not fenced were also not de-bushed nor cultivated. Out of the 126 farms surveyed, only 17 farms were ploughed. Ploughing season in the area starts in November, the survey was undertaken in October thus before the ploughing season. In addition, 18 farms had structures on them.

126 farms directly 66 farms not fenced affected

18 farms 60 fenced farms with structures

Farms and structures affected in Botswana

In South Africa there are 77 farm portions directly affected by the proposed project. There are two categories of farms that will form part of the compensation process and these are privately owned farm portions as well as state owned/ traditional trust owned farm portions.

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77 farm portions directly affected

48 State/ traditional 29 privately owned trust owned farms portions affected farm portions affected

Farms affected in South Africa

There are two households that will need to be resettled as most of their structures fall within the proposed project servitude. These households are in the Dinokana Village that is on the remainder of the farm Welbedacht 147. The farm portion is owned by the Ramotshere Moiloa Local Municipality. The structures for the two households that are affected include two multifunctional residential structures as well as a toilet. There are three other structures that are likely to be affected and the households that own these structures will not be resettled as most of their homestead structures fall outside of the proposed servitude. These households will be compensated for the impacted structures, which include a gate, cattle kraal and dog shelter.

1 gate 1 cattle Kraal 6 structures 2 multifunctional residential structures impacted 1 tiolet 1 dog shelter

2 Households located in Dinokana households Village to be resettled

Households to be resettled and structures affected

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Resettlement Policy Framework (RPF)

This Resettlement Policy Framework (RPF) defines the procedures for involuntary land acquisition, and resettlement, and sets out objectives, principles, compensation entitlements, legal frameworks, consultation procedures and grievance redress mechanisms for the successful execution of this project. According to Reddy, Smith and Steyn (2015), a RPF should broadly identify objectives, principles, policies, procedures and organisational arrangements for dealing with land access and resettlement. Such frameworks are particularly useful in two situations:

• Pre-feasibility study and feasibility study stages: particularly to help estimate the time-frame and cost of land acquisition and resettlement. • Where there are multiple project components: if a project has subprojects or multiple components that cannot be identified before project approval or that may be implemented sequentially over an extended period, an RPF can ensure consistency of approach between components and phases. Projects must then prepare management plans, such as resettlement action plans, which are consistent with the RPF to cover each subproject or component.

The BOSA project is in feasibility stage and therefore a RPF has been developed that will inform the Resettlement Action Plan (RAP), to be developed when the detailed design has been completed. The proposed BOSA Project will involve the establishment of a permanent servitude along the length of the transmission line, as well as for certain items of ancillary infrastructure. Certain land use restrictions will be permanently in force within this servitude. In addition, construction activities will necessitate a temporary disruption of all current land uses in a corridor to either side of the permanent servitude – the so-called “temporary servitude.”

Households and communities residing or owning assets in either of these reserves (or in the areas earmarked for surface infrastructure) will therefore experience physical and/or economic displacement as a result of the project. Furthermore, construction activities may cause a temporary disruption in access and communities’ daily movement patterns from one side of the transmission route to the other.

In order to address such impacts, it was necessary to compile RPF that conforms to the requirements of the Development Bank of South Africa, International Finance Corporation (IFC) Performance Standard 5 on Land Acquisition and Involuntary Resettlement (PS 5) as well as World Bank Operation Policy OP 4.12. The RPF has been prepared and sets out the general principles according to which resettlement planning and implementation for the proposed project will be undertaken. The objective is to guide the preparation of Resettlement Action Plans (RAP) that will ensure that future land acquisition and potential resettlement issues and all persons affected by it will be properly consulted, made aware of the grievance redress mechanisms that is accessible. The RAP will also ensure that affected households are compensated properly and on time and that compensation will be at replacement cost or market value (whichever is higher) for their lost assets. Finally, the RAP will ensure that affected

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households are provided with measures to rehabilitate and restore their livelihoods so that they are not worse off than they would have been in the absence of the project.

Resettlement Action Plan (RAP)

In sparsely populated rural areas, a linear project such as an electric transmission line may have minimal impact on any single landholder. Compensation is characterized by a number of small payments for the temporary loss of assets such as standing crops. If well designed, linear projects can easily avoid or minimise the demolition of permanent structures. Where only a few people (e.g., less than 100-200 individuals) are to be relocated, appropriate compensation for assets, logistical support for moving, and a relocation grant may be the only requirements.1 According to bank policies, on land acquisition, involuntary resettlement and displacement compensation, it is a requirement that whenever a project supported by the bank involves displacement of people less than 200 people whose economic activities may not significantly be impacted by displacement, a RAP should be produced. This policy framework proposes that if affected houses remain less than 200 during the time of construction, RAP should be considered. However, the principles on which compensation is to be based are the same as for larger groups. A RAP should include the following elements:

• A census survey of affected PAPs and a valuation of assets; • Institutional and legal framework; • Description of compensation and other resettlement assistance to be provided; • Livelihood restoration measures; • Consultations with affected PAPs about acceptable alternatives; • Institutional responsibility for implementation and procedures for grievance redress; • framework for public consultation, participation and development planning; • Arrangements for monitoring and implementation; and • A timetable and budget.

Legal and policy framework

One of the principles of the RPF is that resettlement planning should adhere to national policies and legislation, as well as international best practices. There is no specific legislation in Botswana and South Africa that addresses resettlement per se but some aspects that have a bearing on resettlement and land acquisition and are covered by more general legislative instruments. Relevant South African legislation discussed in this document includes: • The Constitution of the Republic of South Africa, (Act 108 of 1996); • National Environmental Management Act (NEMA) (Act 107 of 1998) as amend; • Occupational Rights and Customary Law;

1 Handbook for Preparing a Resettlement Action Plan. IFC

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• National Water Act (Act 36 of 1998); • The Interim Protection of Informal Land Rights Act No. 31 of 1996; • Land Reform (Labour Tenants) Act No 3 of 1996; • Extension of Security of Tenure Act No 62 of 1997; • National Heritage Resources Act No. 25 of 1999 and associated Ordinances; • Human Tissues Act (Act 65 of 1983 as Amended and the National Health Act (Act 61 of 2003); and • Promotion of Administrative Justice Act (Act 3 of 2000).

Relevant Botswanan legislation discussed in this document includes: • Land Control Act (Chapter 32:11); • State Land Act (Chapter 32:01); • Tribal Land Act (Chapter 32:02); • Town and Country Planning Act (Chapter 32:09); and • Electrical Supply Act (Chapter 73:01).

The main features of the Development Bank of South Africa (DBSA), IFC Performance Standard 5 as well as World Bank OP 4.12 are also discussed in detail in this document.

Compensation framework

The aim of the compensation framework is to list the various ways in which assets may be affected by the project, to define appropriate and equitable means of compensating for the loss of any assets (where such compensation may be either in cash or in kind, depending on the type and circumstances of the loss), and to identify the legitimate beneficiaries of such compensation.

Asset types included in the compensation framework are: • Homestead plots; • Structures (residential and non-residential, individually- and communally-owned); • Agricultural plots (individually- and communally-owned); • Fences, gates, and grazing land (individually- and communally-owned); • Perennial crops (e.g. fruit trees, individually- and communally-owned); • Communal land without any identified use; • Graves; • Access routes; and • Tenants.

Grievances redress and dispute resolution

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Individual community members or groups of community members may have claims, complaints or other grievances relating to the resettlement planning process that they wish to register and have resolved. A grievance redress is discussed in detail in this document. Responsibility for implementation of this procedure rests with the social officer who will be appointed by the construction contractor.

The RPF addresses aspects of the grievance procedure that are specifically applicable to resettlement and compensation. These include the identification of grievances related to resettlement or compensation that have been recorded in the grievance register, categorising them in terms of the type of grievance, forwarding them to the appropriate parties for action and resolution, and providing feedback to the parties who lodged the grievances.

Monitoring and evaluation

The project has an obligation to ensure that resettled households retain or preferably improve upon their living standards. The monitoring and evaluation system detailed in the RPF is designed to meet this goal. It comprises three broad components: • Performance monitoring (measuring progress with resettlement and livelihood restoration against scheduled actions and milestones); and • Effects (or impact) monitoring (focussing on the effectiveness of resettlement and livelihood restoration measures, and including standardised or quantitative monitoring as well as participative or qualitative monitoring); • External evaluations (to be conducted annually).

A completion audit (to verify that resettlement and livelihood restoration activities have been undertaken in compliance with the objectives and principles of the RPF) will also have to be undertaken.

Roles and responsibilities

The entities that will play significant roles in the resettlement process include BPC, Eskom, the Resettlement Implementation Team and a Resettlement Working Group (RWG) comprising representatives of resettlement-affected households, local authorities (statutory and customary), as well as Transnet. The RPF sets out the relationship between these various entities, as well as the roles and responsibilities of each.

Conclusion and recommendations

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• Sufficient funding; • Sufficient capacity, including experience in working with resettlement; • Honest consultation and negotiation with the affected people; • Effective planning, implementation and monitoring; • Integration of the resettlement project into its regional economic and political context; and • The necessary political will to ensure that the above enabling factors are obtained, and that resettlement is properly carried out.

International experience of many projects shows that, unless these best practice factors are achieved, resettlement exposes affected people to a range of risks such as: • Landlessness; • Homelessness; • Joblessness; • Economic and social marginalisation; • Increased morbidity and mortality; • Food insecurity; • Loss of access to common property resources; and • Social and cultural dislocation and distraction.

Unless consciously countered, these risks become reality, negatively reinforcing each other in an interactive and cumulative manner. On the other hand, if these risks are taken into account as part of planning and project design, and if the necessary best practice factors are utilised, these risks can be turned into development opportunities, resulting in resettlement with development.

The asset and infrastructure survey done was not exhaustive. However, the figures provided can be deemed as 90% accurate. This is due to a number of constraints, as household heads were not readily available to answer questions and other external factors such as access restriction. A confirmation of the numbers will need to take place in the next phases of the project.

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ABBREVIATIONS

BEAPA Botswana Environmental Assessment Practitioners Association BPC Botswana Power Corporation CLO Community Liaison Officer CPA Communal Property Association DBSA Development Bank of South Africa DEA Department of Environmental Affairs DRC Dispute resolution committee ESIA Environmental and Social Impact Assessment ESTA Extension of Security of Tenure Act (Act 62 of 1997) EIA Environmental Impact Assessment EU European Union HH Household ID Involuntary displacement IFC International Finance Corporation IPILRA Interim Protection of Informal Land Rights Act (Act 31 of 1996) ILA Involuntary land acquisition M&E Monitoring and evaluation PAJA Promotion of Administrative Justice Act (Act 3 of 2000) PAP Project affected person PIA Project implementing agent PIE Prevention of informal eviction PLTA Permanent land-take area PS Performance Standards PSDs Phase-specific dossiers RAP Resettlement Action Plan RPF Resettlement policy framework RWG Resettlement working group RTT Resettlement task team SADC Southern African Development Community SAPP Southern African Power Pool SIF Surface infrastructure footprint TLTA Temporary land-take area WB World Bank

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Table 1: List of Definitions Term Definition Communal land Land that is administered by a traditional authority or communal property association (CPA) on behalf of communities living on that land. Title deed holder of the land may be the traditional authority or CPA, or it may be the Government of South Africa. Communal property Juristic persons who are able to acquire, hold and manage property on a basis agreed to by association members of a community in terms of a written constitution, adopted and registered in terms of the Communal Property Associations Act. Community A group of individuals broader than the household, who identify themselves as a common unit due to recognised social, religious, economic or traditional government ties, or through a shared locality. Compensation Payment in cash or in kind for an asset or resource that is acquired or affected by a project at the time the asset needs to be replaced. Displacement Support provided to people who are physically displaced by a project. Assistance may include assistance transportation, shelter, and services that are provided to affected people during their move. Assistance may also include cash allowances that compensate affected people for the inconvenience associated with displacement and defray the expenses of a transition to a new locale, such as moving expenses. Economic Loss of income streams or means of livelihood resulting from land acquisition or obstructed displacement access to resources (land, water or forest) which results from the construction or operation of a project or its associated facilities. Economically- Households whose livelihoods are impacted by the project, which can include both resident displaced households households and people living outside the project area but having land, crops, businesses or various usage rights there. Eligible crops Crops planted in the moratorium area by project-affected people prior to the moratorium date and that are eligible for compensation in accordance with this RPF. Eligible land The land (cropped and fallow, agricultural and communal) within the moratorium area that is eligible for compensation in accordance with this RPF. Eligible structures The buildings and structures constructed within the moratorium area prior to the moratorium date and that are eligible for compensation in accordance with this RPF. Homestead Stand on communal/ traditional authority land, allocated to an individual or household, on which the latter has built a residential structure and possibly one or more outbuildings. Perimeter may be enclosed by a fence. Host community People living in or around areas to which people physically displaced by a project will be resettled to, whom in turn, may be affected by the resettlement. Household A person or group of individuals living together, in an individual house who share cooking and eating facilities and forma a basic socio-economic and decision-making unit. IFC International Finance Corporation, a division of the World Bank Group, which provides investment and advisory services to private sector projects in developing countries, with the goal of ensuring everyone benefits from economic growth. Involuntary Resettlement is involuntary whet it occurs without the informed consent of the displace resettlement persons or if they give their consent without having the power to refuse resettlement. Livelihoods programs Programs intended to replace or restore quality of life indicators (education, health, nutrition, water and sanitation, income) and maintain or improve economic security for project-affected people through provision of economic and income-generating opportunities, including but not limited to, activities such as training, agricultural production and processing, and small and medium enterprises. Moratorium area The area in the project area required as a zone for project activities, namely the temporary servitudes, permanent servitudes and servitudes for surface infrastructure. All eligible buildings, crops, and land within this area at the time of the moratorium date will be eligible for compensation, according to the terms of this RPF. Moratorium date The date on which the moratorium is declared. Persons moving into the project area after this date are not eligible for compensation and/ or resettlement assistance. Similarly, fixed assets (such as structures, crops, fruit trees and woodlots) established after the date will not be compensated.

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Term Definition Performance The IFC’s Performance Standard on Involuntary Resettlement, which embodies the basic Standard 5 principles and procedures that underlie the IFC’s approach to involuntary resettlement associated with its investment projects, and stands as the benchmark against which resettlements are measured. Physical Loss of shelter and assets resulting from the acquisition of land associated with a project that displacement requires the affected person(s) to move to another location. Physically-displaced Households who normally reside in the project area and who will lose access to shelter and household assets resulting from the acquisition of land associated with the project that requires them to move to another location. Project area The project area is covered by the moratorium area and its immediate surroundings. Project-affected Persons who, for reasons of the involuntary taking or voluntary contribution of their land and persons (PAPs) other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the said PAPs physically relocate. These people may have their: • standard of living adversely affected, whether or not the PAPs must move to another location; • right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently, adversely affected; access to productive assets adversely affected, temporarily or permanently; or business, occupation, work or place of residence or habitat adversely affected. Project-affected All members of a household, whether related or not, operating as a single socio-economic and household decision-making unit, who are affected by the project. Relocation A process through which physically displaced households are provided with a one-time lump sum compensation payment for their existing residential structures and move from the project area. Replacement value Replacement value for land is the pre-project or pre-displacement (whichever is higher) market value of land of equal productive potential or use located in the vicinity of the affected land; plus, the cost of preparing the land to levels similar to those of the affected land; plus, the cost of any registration fees and/or transfer duties. Replacement cost for structures is defined as the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure; plus, the cost of transporting building materials to the construction site; plus, the cost of any labour and contractor’s fees; plus the cost of any registration fees and/or transfer duties. Resettlement A process through which physically displaced households are provided with replacement plots and residential structures at a designated site. Resettlement includes initiatives to restore and improve the living standards of those being resettled. Resettlement Action The document in which a project proponent specifies the procedures that will follow and the Plan (RAP) actions that it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by the project. Resettlement-affected Any household that will be affected by land acquisition as a result of the project; this includes household physically-displaced and economically-displaced households. In other words, it comprises all those households who either reside, have an asset or structure in, or make use of land that intersects any of the project servitudes. Resettlement policy A resettlement policy framework is required for projects with subprojects or multiple framework (RPF) components that cannot be identified before project approval. This instrument may also be appropriate where there are valid reasons for delaying the implementation of the resettlement, provided that the implementing party provides an appropriate and concrete commitment for its future implementation. The policy framework should be consistent with the principles and objectives of OD 4.30. Speculative building The erection of buildings or structures, or planting of crops within the moratorium area with the sole aim of claiming compensation from the project proponent. Speculation may be pre- moratorium (occurring prior to the moratorium date) or post-moratorium (occurring after the moratorium date).

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Term Definition Stakeholders Any and all individuals, groups, organisations, and institutions interested in and potentially affected by the project or having the ability to influence the project. Tenant A person who lives in a structure belonging to another, regardless of whether they pay rent or not. Traditional authority A person who assumes a leadership role by virtue of his/ her community’s tradition or custom. Vulnerable household A household who, by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than other and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits.

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Contents

1 Introduction 1 1.1 Project description 3 1.2 Project infrastructure and specifications 3 2 Methodology 5 2.1 Desktop study 6 2.2 Consultations 6 2.3 Social survey 7 2.4 Criteria of identifying PAPs 7 2.5 Field survey 7 2.6 Census of PAPs 8 3 Project impacts and affected population 9 3.1 Regional profile 10 South Africa 11 3.2 Regional summary 14 3.3 Municipal summary 15 3.4 Demographics 16 3.5 Language 18 3.6 General health 19 3.7 Education 19 3.8 Labour force 20 3.9 Average household size 22 3.10 Type of dwelling and tenure status 22 3.11 Household services 23 Botswana 25 3.12 Demographics 27 3.13 Language 28 3.14 Education 29 3.15 Current economic activity 30 3.16 Household Agriculture 30 3.17 Household services 31 3.18 Identification of social impacts 35 4 Legal and policy framework 39 4.1 Objectives and basic terms for preparation of the Resettlement Action Plan 39 4.2 Principles and objectives governing resettlement preparation and implementation 40 4.3 Objectives of the Resettlement Policy 41 4.4 International guidelines on involuntary land acquisition and resettlement 42 4.5 Guiding principles for resettlement planning and implementation 43

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4.6 Review of the legislation in Botswana governing land acquisition and resettlement 44 4.7 Review of the South African legislation governing land acquisition and resettlement 49 4.8 Comparison of national legislative framework and the IFC Performance Standard 5 on Involuntary Resettlement 51 5 Inventory of affected assets 53 5.1 Introduction 53 5.2 Undertaking inventory of affected assets 53 5.3 Challenges 55 5.4 Key results 55 Botswana 55 South Africa 57 6 Compensation Framework 61 6.1 Impact scenarios 61 6.2 Compensation matrix 62 6.3 Responsibility and schedule for compensation payments 69 6.4 Compensation entitlements 69 7 Resettlement assistance and livelihood 72 7.1 Socio-economic assessment indicators 73 7.2 Livelihood development and sustenance 74 7.3 Recommendations 76 8 Budget 77 8.1 Cost Estimate (Order of Magnitude) 77 9 Implementation schedule 78 9.1 Resettlement responsibilities 79 9.2 Resettlement principles 79 9.3 Timeframes 80 9.4 Linking resettlement implementation to civil works 80 10 Description of organisational responsibilities 82 10.1 Programme manager 82 10.2 Resettlement team coordinator 82 10.3 Resettlement advisor 82 10.4 Local-level resettlement task teams 83 10.5 Members of umbrella RTTs 85 10.6 Resettlement implementation team 86 10.7 RTT meetings 87 11 Framework for public consultation, participation, and development planning 90 11.1 Objectives 91 11.2 Principles of engagement 91 11.3 Communication strategy 92 11.4 Consultation and stakeholder participation activities to date 93 11.5 Consultation and participation activities still to be undertaken include: 94

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11.6 Notification procedure 95 11.7 Public consultation mechanisms 95 11.8 Promoting participation 96 11.9 Implementation phase 96 11.10 Conclusion 96 12 Provisions for redress of grievances 98 12.1 What is grievance 99 12.2 Project-level grievance mechanism 99 12.3 Approach to grievance redress 100 12.4 Resources needed to manage a grievance mechanism 105 12.5 Grievance mechanisms needed for projects implemented by contractors 107 13 Framework for monitoring, evaluation, and reporting 108 13.1 Internal and external monitoring 109 13.2 Monitoring measures 110 13.3 Indicators 110 13.4 RAP monitoring plan 112 14 Conclusion and recommendations 115 15 RPF Report Approval 120 15.1 BPC and Eskom 120

Appendices

Appendix A Appendix B Appendix C

Figures Figure 1: Proposed transmission line locality map 2 Figure 2: Project locality 10 Figure 3: Project locality - South Africa – study area in square 11 Figure 4: District and Local Municipalities affected – South Africa 12 Figure 5: Khunotswana – South Africa 13 Figure 6: District, Local Municipalities and Wards affected – South Africa 13 Figure 7: Project locality in Botswana – study area in square 25 Figure 8: Mochudi - Botswana 27 Figure 9: Districts affected - Botswana 27 Figure 10: Impact rating pre- and post-mitigation and maximisation measures 38 Figure 11: Affected farm portions 58 Figure 12: Households to be resettled and structures affected 59 Figure 13: Other affected assets and infrastructure 59 Figure 14: Impact Scenarios (IFC Handbook) 62

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Tables Table 1: List of Definitions X Table 2: Site co-ordinates 3 Table 3: Population of South Africa, Census 1996, 2001 and 2011 16 Table 4: Population size and percentage by municipality, Census 2011 17 Table 5: Population grouping: Ngaka Modiri Molema District Municipality, Census 2011 18 Table 6: Dependency ratio, Census 2011 18 Table 7: Distribution of population aged five years and older by disability status, sex, numbers and percentages, Census 2011 19 Table 8: Number of persons aged 20 years and older by level of educational attainment and sex in North West, Censuses 1996, 2001 and 2011 19 Table 9: Percentage distribution of persons aged 20 years and older by level of educational attainment for Ngaka Modiri Molema District Municipality, Censuses 1996, 2001 and 2011 20 Table 10: Official employment status for Ngaka Modiri Molema District Municipality, Census 2011 20 Table 11: Average household income, Census 2011 21 Table 12: Number of households, household size and percentage of female-headed households by census year, Census 2011 22 Table 13: Percentage distribution of households by type of dwellings by province, Census 2011 23 Table 14: Percentage of households which rent or own their dwellings, Census 2011 23 Table 15: Percentage distribution of households by type of refuse removal, Census 2011 23 Table 16: Percentage distribution of households by type of toilet facilities, Census 2011 24 Table 17: Percentage of households which use electricity for lighting, Census 2011 24 Table 18: Distribution of population by locality type, Botswana 2011 28 Table 19: Distribution of population by citizenship, Botswana 2011 28 Table 20: Distribution of numbers of persons aged two years and older by language spoken; Botswana 2011 29 Table 21: Distribution of Number of Population Aged Twelve Years and Over That Ever-Attended School per Sex and Highest Level of Education; Botswana 2011 29 Table 22: Distribution of Number of Households by Type of Livestock Owned 30 Table 23: Distribution of Number of Households by Type of Crops Planted 31 Table 24: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Water Supply 32 Table 25: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Cooking 32 Table 26: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Lighting 33 Table 27: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Heating 34 Table 28: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Type of Toilet Facilities 34 Table 29: Pre- and post-mitigation impact ratings 37 Table 30: Summary of the comparison between South African and Botswanan legislation and the IFC requirements 52 Table 31: Compensation matrix 63 Table 32: Entitlement matrix 69 Table 33: Plan for monitoring, evaluating and reporting 108 Table 34: Types of verifiable indicators 111

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1 Introduction

The Southern African Power Pool (SAPP) is a prominent power pool initiative tasked with coordinating the planning, generation and transmission of electricity on behalf of member state utilities in the Southern African Development Community (SADC) region. As, such SAPP has identified Botswana- South Africa (BOSA) Transmission Interconnection Project as one of the energy pool initiatives. The aim of the project is to alleviate the current electricity supply constraints and contribute towards energy security of supply in the long run by enhancing the distribution of electricity in the region. Given the transborder nature of the project, both Eskom of South Africa (Eskom) and the Botswana Power Corporation (BPC) will subsequently be the beneficiaries of the project. The project is funded by the European Union (EU) and the funds are administered by the Development Bank of Southern Africa (DBSA). An environmental assessment process is required to meet both the national requirements of Botswana and South Africa, as well as the international funder standards for environmentally and socially sustainable development and will be termed an Environmental and Social Impact Assessment (ESIA). The DBSA Environmental and Social Safeguards Standards, closely linked to the Performance Standards of the International Finance Corporation (IFC) will guide the overall ESIA, which will be conducted as two Environmental Impact Assessments (EIAs), run in parallel, to ensure that the specific South African and Botswana requirements are met. The SAPP appointed Aurecon South Africa (Pty) Ltd (hereafter referred to as Aurecon) as an independent consulting firm to provide transaction advisory services and project scoping for the proposed transmission interconnector project between the two countries. Aurecon was commissioned to undertake the Preliminary Design and the ESIA on the referred transmission corridor. The design and environmental authorisation processes to be undertaken are for the construction of a 400 kV transmission power line, 210 km in length. The application for environmental authorisation is for a 1 km wide corridor within which the transmission lines will be located. The line will connect the existing Isang substation in Botswana to the proposed Watershed B substation (hereinafter referred to as Mahikeng substation) near Mahikeng in South Africa (Figure 1). The ESIA authorisation process is required in terms of the National Environmental Management Act (No.107 of 1998) (NEMA), as amended in South African and the Environmental Impact Assessment Act (No. 10 of 2011) (EIAA) in Botswana. The details of the entire line have been included in the application which be submitted to the Department of Environment Affairs (DEA) in South Africa to allow for an overview of the entire project, although decision-making will only apply to the section of line between the proposed Mahikeng substation and the border between South Africa and Botswana. A separate report will be submitted to the DEA in Botswana for review and approval of the relevant section in Botswana. The DEA in Botswana require that an environmental practitioner registered with Botswana Environmental Assessment Practitioners Association (BEAPA) undertake the EIA process in Botswana and Aurecon have thus partnered with a local firm Digby Wells, trading as RPM, who have managed the process in Botswana in terms of the EIAA.

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MAHIKENG SUBSTATION

Figure 1: Proposed transmission line locality map

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1.1 Project description The proposed 210 km transmission line stretches between the Mahikeng area in South Africa and the area immediately north of Gaborone in Botswana, with the longest section (approximately 149 km) of the line within South Africa. The South African section of the powerline traverses the Mahikeng and Ramotshere Moiloa Local Municipalities, under the jurisdiction of the Ngaka Modiri Molema District Municipality, in the North-West Province. The Botswana section traverses the Kgatleng District, whose administration capital is in Mochudi. The study area servitude for the ESIA is a 1 km wide strip (i.e. 500 m on either side of the centreline of the route) to ensure sufficient coverage for anticipated design changes and allow some flexibility for later stages of the project. The geographical co-ordinates of the transmission line are tabulated below (Table 2):

Table 2: Site co-ordinates Country Location Latitude (S) Longitude (E): Starting point 25°42'11.15" 25°32'13.48" South Africa Approximately 16 km north-west of Mmabatho Middle point 25°13'40.64" 25°59'7.17" Approximately 10 km north-east of Borakalalo Village End point 24°42'2.67" 26° 7'20.87" Near the border post between Botswana and South Africa

Starting point 24°42'2.67" 26° 7'20.87" Botswana Near the border post between Botswana and South Africa Middle point 24°26'2.19" 26°14'22.17" Approximately 8 km east of Mochudi Village End point 24° 9'33.76" 26°13'57.19" Approximately 38 km north-east of Lentsweletau Village

1.2 Project infrastructure and specifications

The design and ESIA processes to be undertaken are for the construction of a 400 kV transmission power line2, 210 km in length. The line will connect the existing Isang substation in Botswana to the proposed Mahikeng substation in South Africa.

MAHIKENG SUBSTATION The proposed substation is however not part of this application, as it will be applied for separately. The application together with the DSR for the substation will be submitted in 2018. The substation alternative sites will be fully assessed by that project team after the acceptance of the Scoping Report by DEA.

2 The original concepts for the BOSA Transmission Line development considered two adjacent, single circuit, 400 kV transmission lines. From a technical and financial feasibility perspective only one single circuit 400 kV transmission line is planned for construction. One line is thus the subject of this assessment in the ESIA Report and RPF.

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Various tower structures on which powerlines will be suspended will be used in different sections of the powerline, subject to landscape, engineering and the biophysical nature of the receiving environment. The towers will vary between 21.75 m and 30.75 m in height and the average span between two towers will be between 250 m and 500 m depending on the above-mentioned environmental factors. The proposed structure types proposed as the basis for the preliminary transmission line design are:

• 518h - Self Supporting Suspension Tower

• 520b - Guyed-V Suspension Towers

• 529a - Cross-Rope Suspension Towers

• 515b - Guyed-V Suspension Towers (Preferred by BPC)

• 517a - Self-Supporting Suspension Towers The conductor type to be used is the Triple Tern ACSR conductor. The attachment height will vary between 18 m and 33 m, depending on the length of spans and required clearance. During the construction phase, the access roads and construction camps will be established. Where possible, all access roads and construction camps will be located in areas with the least environmental impacts. They will also be rehabilitated after construction except for the access roads that will be used to access the transmission line during operation.

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2 Methodology

The methodology adopted in preparing this RPF was consistent with the requirements of the IFC and relevant South African and Botswanan Legislation. Affected households and properties were determined from the field surveys as well as a census of the persons affected by project components to be constructed. Social data of affected persons were obtained through interviews, meetings and questionnaires.

This Resettlement Policy Framework defines the procedures for involuntary land acquisition, and resettlement, and sets out objectives, principles, compensation entitlements, legal frameworks, consultation procedures and grievance redress mechanisms for the successful execution of this process. According to Reddy, Smith and Steyn (2015), a RPF should broadly identify objectives, principles, policies, procedures and organisational arrangements for dealing with land access and resettlement. Such frameworks are particularly useful in two situations:

Households and communities residing or owning assets in either of these reserves (or in the areas earmarked for surface infrastructure) will therefore experience physical and/or economic displacement as a result of the project. In addition, construction activities may cause a temporary disruption in access and communities’ daily movement patterns from one side of the transmission route to the other.

In order to address such impacts, it was necessary to compile a RPF that conforms to the requirements of the Development Bank of South Africa, International Finance Corporation (IFC) Performance

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Standard 5 on Land Acquisition and Involuntary Resettlement (PS 5) as well as World Bank Operation Policy OP 4.12. The RPF has been prepared and sets out the general principles according to which resettlement planning and implementation for the proposed project will be undertaken. The objective is to guide the preparation of a Resettlement Action Plans (RAP) that will ensure that in future land acquisition and potential resettlement issues, all persons affected will be properly consulted, be provided with access to affordable grievance mechanisms and compensated properly and timeously at replacement cost or market value (which ever higher) for their losses, and provided with rehabilitation measures so that they are at least as well off as they would have been in the absence of the program. The main objectives of the RPF are to:

• Provide details on the policies governing land expropriation, the range of adverse impacts and entitlements; • Present a strategy for achieving the objectives of the resettlement/ land acquisition policy; • Provide a framework for implementation of the stated strategies to ensure timely acquisition of assets, payment of compensation and delivery of other benefits to project affected persons (PAPs); • Provide details on the public information, consultation and participation, and grievance redress mechanisms in project planning, design and implementation; • Provide identified sources and estimates of required resources for implementation of the RAP; and • Provide a framework for supervision, monitoring and evaluation of resettlement implementation process.

2.1 Desktop study

A desktop review was undertaken of the previous studies and reports on similar projects to inform the study. Other available documents were also reviewed to obtain and confirm relevant baseline socio- economic information on the potentially affected areas.

2.2 Consultations

Meetings and stakeholder consultations started in the scoping stage and continued throughout the process of compiling the RPF. Stakeholder engagement during scoping phase of the ESIA comprised consultations with various stakeholders including district authorities. Notifications for the meetings were made through the tribal administration office as well as newspaper advertisements. Community meetings were held between 17 July 2017 and 31 September 2017 in Botswana and South Africa. The purpose of these meetings was to sensitise the project affected villages about the proposed BOSA project and to obtain any project related issues that would also feed into the ESIA process. Section 11.4 and the he Stakeholder Engagement Plan (Annexure E of the ESIA report) provides detailed information regarding stakeholder consultation.

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Further stakeholder consultations and meetings were held during the assessment phase of the ESIA process. To disclose the project and obtain views of communities, community sensitisation meetings were held in October and November 2017 in Botswana. Stakeholder engagement meetings as part of the South African ESIA process will be held in February 2018. Meetings were widely published in newspapers and on notice boards along the route. In addition, the local tribal administration office was consulted prior to the meetings in order to inform the communities about the proposed project. During the sensitisation meetings, questions or queries from communities were discussed and uncertainties clarified.

2.3 Social survey

A social survey was conducted to establish the profile of project affected people (PAPs). For RPF purposes, a census covering all PAPs was conducted utilising a questionnaire and information obtained from the social survey. This was aimed at analysing poverty levels and welfare indicators in households, socio-economic needs and the potential impact on livelihoods of the affected people. Broadly, social data gathered from the survey comprised of thematic categories such as population and demographics, landownership and land use, businesses and socio-cultural resources. Among other indicators, such as ethnicity, gender, household income levels, literacy, vulnerability, health and resettlement preferences were also captured in the census survey.

2.4 Criteria of identifying PAPs

These PAPs were identified as persons whose property (land, building, crops) or income was affected in part or as a whole by the project and would therefore need to be compensated, as well as people who will be indirectly affected by the proposed project.

During the sensitisation meetings, the project planning schedule was disclosed, cut-off for eligibility was explained and rights of PAPs and grievance procedures were outlined. All meetings were aimed to create awareness about the upcoming RPF and quell apprehensions PAPs might have about resettlement thus enabling them to provide true household and personal information during the census survey.

2.5 Field survey

The aim of these site visits was to verify information obtained from secondary sources on potential project impacts and the socio-economic characteristics of the receiving environment of the preferred site, and to ascertain if there are any dwellings, businesses or livelihood activities in the vicinity of the proposed site that might be affected by the project.

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2.6 Census of PAPs

The census was undertaken from 09 October to 10 November 2017 and aimed to enumerate affected persons and register them according to locations. A census questionnaire utilised was administered to all PAPs. Data collected in the census questionnaires were coded and entered for analysis. All census data that were collected for all PAPs was analysed to provide the social profile of affected persons. The census was undertaken together with a property survey and valuation exercise. Results of the census were compiled into in an MS Excel database, linked with the property valuation data.

All PAPs losing property were interviewed using the census questionnaire. English was the language that was used during enumeration but due to a language barrier, the enumerators translated the questions into the local language for the PAPs to understand. PAPs who were not present at the time of the census survey were represented by either their spouses or children.

a) Eligibility for Compensation The following categories are eligible for compensation:

• Persons with houses/ structures located in the project area (i.e. the designated 1 km corridor on either side of the line indicated in Figure 1); • Persons with perennial crops within the project area; • Customary landowners whose plots are in the project area; and • Registered landowners within the project area.

In addition, consideration will be given to Article 17 of the IFC Performance Standard 5, which classifies displaced persons as persons:

(i) Who have formal legal rights to the land or assets they occupy or use; (ii) Who do not have formal legal rights to land or assets, but have a claim to land that is recognized or recognizable under national law; or (iii) Who have no recognizable legal right or claim to the land or assets they occupy or use.

Local legislation and practices must be taken into consideration when compiling the RAP.

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3 Project impacts and affected population Social survey of project impacts and affected populations

When a resettlement policy framework (RPF) is compiled, attention is first given to identifying the project’s adverse impacts and the populations that will be affected. This will be more than just simple cadastral surveys or inventories of affected assets. The ultimate goal of an RPF is to enable those displaced by a project to improve their standard of living—a goal that requires an examination of social, environmental, and economic conditions beyond simple physical inventories.

Through an RPF, all people affected by the project and all adverse impacts on their livelihoods associated with the project’s land acquisition are identified. Typical effects may include breakup of communities and social support networks; loss of dwellings, farm buildings, and other structures (wells, boreholes, irrigation works, and fencing), agricultural land, trees, and standing crops; impeded or lost access to community resources such as water sources, pasture, forest and woodland, medicinal plants, game animals, or fisheries; loss of business; loss of access to public infrastructure or services; and reduced income resulting from these losses. The sections below discuss the regional profile as well as the social and economic conditions of the communities along the proposed power line corridor.

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3.1 Regional profile

Figure 2: Project locality

For a more detailed description of the above-mentioned corridors refer to the ESIA report.

The sections below detail some of the main statistics for the two project host countries, namely; South Africa and Botswana.

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South Africa

Figure 3: Project locality - South Africa – study area in square

The Republic of South Africa has land borders with Namibia, Botswana, Zimbabwe, Mozambique and Swaziland. Its sea borders are with the South Atlantic and Indian Oceans. Lesotho is enclosed within its land area. The country comprises nine provinces: Eastern Cape (provincial capital Bhisho), Free State (Bloemfontein), Gauteng (Johannesburg), KwaZulu-Natal (Pietermaritzburg), Limpopo (Polokwane), Mpumalanga (Nelspruit), Northern Cape (Kimberley), North-West (Mafikeng) and Western Cape (Cape Town)3. In South Africa, the study area is within the North- West Province as seen in Figure 4 below, which lies in western South Africa, bordering the Northern Cape, Limpopo and Gauteng Provinces as well as Botswana on the western side. The capital of North West is Mahikeng, ‘The City of Goodwill’.

The aim of this section is to contextualise the study by developing a socio-demographic profile that captures the relevant characteristics of the affected region.

3 http://commonwealthofnations.org/yb-pdfs/south_africa_country_profile.pdf

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Figure 4: District and Local Municipalities affected – South Africa

The study area falls within the Ngaka Modiri Molema District Municipality (NMMDM). Ramotshere Moiloa and Mahikeng Local Municipalities, as highlighted in Figure 5 fall under the district municipality are the two Local Municipalities that are affected by the proposed project. The main towns and settlements within 10 km of the study area are Ikopeleng, Khunotswana (Figure 5), Lehurutshe, Mantsie, Motswedi, Driefontein, Miga and Supingstad. The residents of these settlements and the surrounding farms form part of the baseline stakeholders for the Stakeholder Engagement process.

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Figure 5: Khunotswana – South Africa

Figure 6 shows the affected wards in the respective affected local municipalities, namely: • Ramotshere Moiloa Local Municipalities: Ward 3, 4, 11, 12, 13, 14, 18 and 19; and • Mahikeng Local Municipalities: Ward 3 and 4.

Figure 6: District, Local Municipalities and Wards affected – South Africa

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3.2 Regional summary

The North-West Province is in the north-western section of South Africa, with the Northern Cape Province to the west, Gauteng Province to the east, and the Free State Province to the south. The capital city of North West is Mahikeng (previously Mafikeng). North West has a total area of 118,797 km2, which is almost 9% of South Africa’s total land area. North West has various tourist attractions, including Sun City, the Pilansberg National Park, the Madikwe Game Reserve and the Rustenburg Nature Reserve.

Portions of two of South Africa’s eight UNESCO World Heritage sites fall within the borders of North West: the Vredefort Dome, the world’s largest visible meteor-impact crater, and the Taung hominid fossil site, which has been incorporated into South Africa’s Cradle of Humankind. Brand South Africa

The main economic driver of the North-West Province is mining; it contributes more than 50% towards the Province’s gross domestic product (GDP) and provides employment for about 25% of its workforce. North-West is also known as the Platinum Province, as almost all South Africa’s platinum is found in the North-West. Mining contributes around a quarter toward the North-West Province's economy and makes up about a fourth of the South African mining industry.

The chief minerals are gold, mined at Orkney and Klerksdorp; uranium, mined at Klerksdorp; platinum, mined at Rustenburg and Brits; and diamonds, mined at Lichtenburg, Christiana, and Bloemhof. The Rustenburg and Brits districts produce 94% of the country's platinum, which is more than any other single area in the world. North West also produces a quarter of South Africa's gold, as well as granite, marble, fluorspar and diamonds. North West Provincial Government

Maize and sunflowers are some of the main crops produced in the North-West Province, which is also a major producer of white maize and beef, particularly around Vryburg and Groot Marico. The areas around Rustenburg and Brits are fertile, mixed-crop farming land.4

4 https://www.brandsouthafrica.com/tourism-south-africa/geography/north-west

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3.3 Municipal summary

The Ngaka Modiri Molema District Municipality (NMMDM) is one of the four District Municipalities of the North-West Province of South Africa. The other three are: Bojanala-Platinum, Dr Ruth Mompati and Dr Kenneth Kaunda Districts. The NMMDM covers an area of 31,039 km2 and shares an international border with the Republic of Botswana.5 The area is fairly flat and dry in the west, becoming bushveld towards the east. The Ngaka Modiri Molema District offers game viewing - including the Big 5, bird watching, hunting, fishing, sport, hospitality, conference facilities, shopping, gaming, Anglo-Boer War sites and a number of excellent guest houses and guest farms.6

The mission according to the NMMDM Integrated Development Plan (IDP), 2012 – 2016 is: ‘To provide a developmental municipal governance system for a better life for all in Ngaka Modiri Molema District’. Some of the municipal priorities listed in the IDP include: • Provision of water and sanitation; • Improve road infrastructure; • Local economic development and job creation; • Environmental health management; • Promote integration of services; • Promote intergovernmental coordination and relations; and • Support local municipalities.

The Mahikeng Local Municipality (previously Mafikeng Local Municipality) is the smallest of the five municipalities in the district and the municipal area covers an area of approximately 3,698 km2. Mahikeng Local Municipality is a Category B municipality7.8 The mission of the Mahikeng Local Municipality is to: • Foster Local Government through regular public participation and transparency for service delivery; • Provide and maintain infrastructure through the concept of Villages, Townships and Small Dorpies; • Reconstruct and develop Villages, Townships and Small Dorpies through the municipality’s Integrated Development Plan; and • Accelerate the concept of Rebranding, Repositioning and Renewal of the City in collaboration of social partners.9

The Ramotshere Moiloa Local Municipality (previously Zeerust Local Municipality) is also a Category B municipality and the largest of the five municipalities in the district, covering an area of

5 http://led.co.za/municipality/ngaka-modiri-molema-district-municipality 6 http://www.nmmdm.gov.za/Tourism.html 7 Local Municipalities are also known as Category B Municipalities 8 http://www.localgovernment.co.za/locals/view/203/Mahikeng-Local-Municipality 9 http://www.mahikeng.gov.za/

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approximately 7,193 km2.10 The municipal vision is to strive to be the best in the provision of sustainable development and service delivery at the local government level.11 The municipal mission is to provide people oriented government that enables integrated social and economic development in the whole of Ramotshere Moiloa Local Municipality.12

The municipality is characterised by a few urban areas including Zeerust Town (the main town in the LM) as well as some formal settlement at Ikageleng, Henryville, Olienhout Park, Shalimar Park, Welbedacht (Lehurutshe Town) and Groot Marico. A vast majority of the population lives in a rural or peri-urban environment, which for most part is unplanned and poorly serviced. The rural part of the municipality is estimated at 70% of its total area, with over 40 villages spread across distances of up to 120 km from the main town. Mountainous terrain forms a significant divide between the areas along the N4 and the remainder of the LM area. The natural environment is primarily characterised by turf thorn veldt and mixed bush veldt areas.13

3.4 Demographics

The socio-economic indicators of the study area are discussed in the sections below.

Table 3: Population of South Africa, Census 1996, 2001 and 2011

Population % 1996 2001 2011 Growth Rate change 1996 - 2001 - 1996 - 2001 - Population % Population % Population % 2001 2011 2001 2011

South Africa

40,583,572 100.00 44,819,777 100.00 51,770,561 100.00 2.0 1.4 10.4 15.5

North West Province

2,727,223 6.7 2,984,098 6.7 3,509,953 6.8 1.8 1.6 9.4 17.6

The socio-economic indicators of the study area are discussed in the sections below.

Table 3 above shows the population size and percentage share of the South African population for the North-West Province between 1996 and 2011. The population of North-West makes up 6.8% of the population of South Africa and is ranked seventh in terms of population size. 3,509,953 of the 51 770,560 people in South Africa live in the North-West Province. Between 1996 and 2001 the population in North-West Province increased, with an average growth rate of 1.8%, by 9.4% and between 2001 and 2011 the population increased, with an average growth rate of 1.6%, by

10 http://www.localgovernment.co.za/locals/view/204/Ramotshere-Moiloa-Local-Municipality#overview 11 http://www.ramotshere.gov.za/vision 12 http://www.ramotshere.gov.za/mission 13 http://www.ramotshere.gov.za/about-municipality

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17.6%, which is 2.1% above the average population increase for South Africa. The sex ratio in North-West Province is 102.9, with 1 779,903 males and 1,730,049 females.

The Ngaka Modiri Molema District Municipality has a total of 2,788,844 hectares, which is equivalent to 26% of the total number of hectares in the North-West Province. 13% belongs belong to the Mafikeng Local Municipality; it is the area with the smallest portion of land although it represents the highest gross value add (GVA) figures and highest population in the District. Ngaka Modiri Molema District Municipality

Ngaka Modiri Molema District Municipality recorded the second highest population size in 2011 (842 699), which amounts to 24.0% of the population in North-West.

The Ngaka Modiri Molema District Municipality has a total population of 764,351, which is equivalent to 24% of the total population in North-West. Ngaka Modiri Molema District Municipality

Table 4: Population size and percentage by municipality, Census 2011

Population % Change 1996 2001 2011 1996 - 2001 2001 – 2011 Ramotshere Moiloa 129,287 137,443 150,713 6.3 9.7 Local Municipality Mafikeng Local 242,146 259,478 291,527 7.2 12.4 Municipality Ngaka Modiri Molema 691,529 764,840 842,699 10.6 10.2 District Municipality

North West Province 2,727,223 2,984,098 3,509,953 9.4 17.6

Table 4 shows the population of the affected municipalities from 1996 to 2011 and the percentage change for each municipality. The population of Ngaka Modiri Molema District Municipality increased by 10.6% between 1996 and 2001, and increased by 10.2% between 2001 and 2011.

34% of the district’s total population are found in the Mafikeng Local Municipality, thus giving it the largest population density in the district. Ngaka Modiri Molema District Municipality

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North-West Province is comprised of 1,779,903 males and 1,730,049 females, with a sex ratio of 102.9% (more males than females). Ngaka Modiri Molema District Municipality has a sex ratio 96.3% with more females than males.

Table 5: Population grouping: Ngaka Modiri Molema District Municipality, Census 2011

Population group Male Female Total

Black African 385,963 405,288 791,250

Coloured 7,067 6,743 13,810

Indian or Asian 3,210 1,758 4,968

White 15,897 15,052 30,950

Other 1,261 458 1,720

In the above it is apparent that the population of Ngaka Modiri Molema District Municipality is mainly made up of Black African (94%), while Whites make up 3.7%, and Coloured 1.6%, Asian 0.9% and other 0.2%.

Table 6: Dependency ratio14, Census 2011

Dependency ratio 0 – 14 15 – 64 65+ % Ngaka Modiri Molema 280,573 512,167 49,958 64.5 District Municipality

North West Province 1,040,364 2,271,734 197,855 54.5

South Africa 15,100,089 33,904,480 2,765,991 52.7

As per Table 6 North West recorded has a dependency ratio of 54.5%, which is slightly higher than the national average of 52.7.

3.5 Language

Setswana is the first language for the majority of people living in the North-West Province (63.4%). Just less than one-tenth (9.0%) reported Afrikaans as their first language in North-West.

14 The dependency ratio is a measure showing the number of dependents, aged zero to 14 and over the age of 65, to the total population.

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3.6 General health

Table 7: Distribution of population aged five years and older by disability status, sex, numbers and percentages, Census 2011

Disability Disabled Disabled Male Female Total Total status Males Females % % % Ngaka Modiri Not disabled 252,239 277,971 530,210 88.9 87.1 87.9 Molema Disabled 31,632 41,327 72,959 11.1 12.9 12.1 District Municipality Total 283,871 319,298 603,169 100.0 100.0 100.0 Not disabled 1,137,114 1,148,184 2,285,298 91.1 88.9 90.0 North West Disabled 111,094 143,239 245,333 8.9 11.1 10.0 Province Total 1,248,208 1,291,423 2,539,631 100.0 100.0 100.0

In Table 7 above the disability status of males and females aged five years and older are shown. The proportion of males with a disability in North-West is 8.9% as compared to 11.1% of females. Ngaka Modiri Molema had 11.1% of disabled males as compared to 12.9% of females.

3.7 Education

Table 8: Number of persons aged 20 years and older by level of educational attainment and sex in North West, Censuses 1996, 2001 and 2011

1996 2001 2011 Level Male Female Male Female Male Female No Schooling 294,065 290,805 248,403 256,811 146,056 149,114 Some primary 352,172 336,877 435,890 415,473 462,999 438,722 education Completed primary 86,098 94,677 93,693 96,475 91,284 88,133 Some secondary 296,860 332,691 345,028 361,151 476,218 469,833 Completed secondary 97,103 107,503 167,990 168,997 278,201 281,910 Higher education 38,716 35,051 47,356 53,082 79,955 80,506

In Table 8 above it is shown that the number of persons with no schooling have decreased since 1996. The number of persons that have completed some secondary as well as completed secondary and higher education has increased significantly since 1996. In Table 9 below it can be seen that in Ngaka Modiri Molema District Municipality, only 14.2% of people had completed secondary schooling and 5.3% had attained a higher level of education in 2011.

2.5% of the total population in the NMMDM has not received any form of tertiary education. Ngaka Modiri Molema District Municipality

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Table 9: Percentage distribution of persons aged 20 years and older by level of educational attainment for Ngaka Modiri Molema District Municipality, Censuses 1996, 2001 and 2011

Level 1996 2001 2011 No Schooling 28.7% 23.1% 12.8% Some primary education 30.7% 33.9% 34.4% Completed primary 7.0% 6.5% 6.0% Some secondary 22.7% 22.4% 27.3% Completed secondary 7.8% 10.6% 14.2% Higher education 3.1% 3.6% 5.3%

3.8 Labour force

3.8.1 Employment status

The unemployment rate in South Africa is almost 30% and the unemployment rate in North-West is 31.5% (Census, 2011).

Construction, electricity, manufacturing and transport as secondary sectors employed only 14.0% of the economically active population. The tertiary sector (social, financial, wholesale etc.) employed 43.8% of the economically active population. Ngaka Modiri Molema District Municipality

Table 10: Official employment status for Ngaka Modiri Molema District Municipality, Census 2011

Employment status Ngaka Modiri Molema District Municipality Number of working age population 512,167 Labour force 225,307 Employed 149,334 Formal sector 96,041 Informal sector 24,669 Private households 26,415 Do not know 2,208 Unemployed 75,973 Not economically active 286,861 Discouraged work-seekers 41,366 Other 245,495 Unemployment rate 33.7% Absorption rate 29.2% Participation rate 44.0%

Table 10 shows labour market indicators for the Ngaka Modiri Molema District Municipality. According to the Census 2011, the labour participation rate shows the percentage of people of working age who form part of the labour force. The labour participation rate for Ngaka Modiri

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Molema is 44.0% which is lower than that of the North-West at 54.2%. Absorption rate is the percentage of people of working age who are employed. The absorption rate of North West is 37.1%. Ngaka Modiri Molema has an absorption rate of 29.2%. Unemployment rate shows the percentage of people in the labour force who do not work and are available to work. Ngaka Modiri Molema has the second highest unemployment rate in North-West with a rate of 33.7%.

The Mafikeng Local Municipality has an unemployment figure of 38%. Making it the area with the largest unemployment figure in the district. Ngaka Modiri Molema District Municipality

3.8.2 Household income

Table 11: Average household income, Census 2011

Average annual household income

North West Province R 69,954.00

Ngaka Modiri Molema District Municipality R 63,778.00

Mafikeng Local Municipality R 81,965.00

Ramotshere Moiloa Local Municipality R 51,026.00

As seen in Table 11 above the average household income that was recorded in 2011 for the North- West province is R69,954.00, which is higher than the average household income for Ngaka Modiri Molema District Municipality of R63,778.00. The average household income for the Mafikeng Local Municipality at R81,965.00 is much higher as the average household income for Ramotshere Moiloa Local Municipality of R51,026.00.

The Ngaka Modiri Molema District Municipality has a total of 554,668 people living under the minimum living income, which is equivalent to 29% of the total number of minimum living income earners in the North-West province, thus, making it the district with the most underprivileged people in the NW Province. Ngaka Modiri Molema District Municipality

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3.9 Average household size

Table 12: Number of households, household size and percentage of female-headed households by census year, Census 2011 Ngaka Modiri Molema District North West Province Municipality 1996 138,053 592,176 2001 Households 185,342 799,319 2011 227,001 1,062,015 1996 5.01 4.61 2001 Household size 4.13 3.73 2011 3.71 3.30 1996 41.2% 37.7% Female headed 2001 households 43.0% 39.5% 2011 42.5% 36.5% 1996 - 2001

% Change of number of 34.3% 35.0% households 2001 - 2011 25.2% 37.4%

Table 12 shows changes in the number of households, average household size and the percentage of female-headed households in North-West and Ngaka Modiri Molema District Municipality for 1996, 2001 and 2011. The number of households in North West increased by 35% between 1996 and 2001, and by 37% between 2001 and 2011. Ngaka Modiri Molema recorded the highest household size (3.7 persons) in 2011. The percentage of female-headed households in North- West has also decreased from 39.5% in 2001 to 36.5% in 2011.

3.10 Type of dwelling and tenure status

3.10.1 Type of dwelling

According to Census 2011, 76.9% of the households in North-West reside in formal dwellings (Table 13). This is slightly below the national average of 78.3%. North-West has the highest proportion of households residing in informal dwellings with 21.5%, above the national average of 13.8%.

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Table 13: Percentage distribution of households by type of dwellings by province, Census 2011

Formal dwelling Informal dwelling Traditional dwelling

North West Province 76.9% 21.5% 1.7%

South Africa 78.3% 13.8% 8.0%

3.10.2 Tenure status

In the North-West Province, 24.9% of households live in rented dwellings and 75.1% of households own the dwellings they live in (Table 13). In the Ngaka Modiri Molema District Municipality, only 14.9% of households live in rented dwellings and 85.2% of households live in dwellings they own.

Table 14: Percentage of households which rent or own their dwellings, Census 2011

Census 2011

Rented Owned

Ngaka Modiri Molema District Municipality 14.9% 85.2%

North West Province 24.9% 75.1%

3.11 Household services

The Mahikeng Local Municipality and the Ditsobotla Local Municipality are the regions with the highest number of people that have access to basic services. Ngaka Modiri Molema District Municipality

3.11.1 Refuse removal

Census 2011 recorded that 6.5% of the households in North-West had no rubbish disposal facilities and that 49.3% had their rubbish removed at least once a week (Table 14). 54.9% of households in the Ngaka Modiri District Municipality removed their own refuse, a further 35.9% of households had their rubbish removed at least once a week.

Table 15: Percentage distribution of households by type of refuse removal, Census 2011

Removed at Removed Communal Own refuse No rubbish least once a less often refuse dump dump disposal week Ngaka Modiri Molema 35.9% 1.4% 1.6% 54.9% 6.2% District Municipality

North West Province 49.3% 1.5% 1.9% 40.8% 6.5%

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3.11.2 Toilet facilities

Table 16 below shows that less than half of the households in the province used flush toilets (46%). 32% of the households in the Ngaka Modiri Molema District Municipality used flush toilets. However, the majority of the households in other districts used other types of facilities (e.g. pit latrines).

Table 16: Percentage distribution of households by type of toilet facilities, Census 2011

Flush toilet Chemical toilet Other None Ngaka Modiri Molema 32% 1% 60% 8% District Municipality North West Province 46% 1% 47% 6%

3.11.3 Electricity for lighting

As per Table 17 below, more than 84% of households in North-West use electricity for lighting, compared to 73% in 2001 and 43% in 1996. Ngaka Modiri Molema recorded the lowest proportion of households with access to electricity for lighting with 80.7%.

Table 17: Percentage of households which use electricity for lighting, Census 2011

1996 2001 2011 Ngaka Modiri Molema District 36.9% 71.0% 80.7% Municipality North West Province 42.8% 72.9% 84.3%

The Botswana social baseline is discussed in the section below.

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Botswana

Botswana is a land-locked country situated in Southern Africa. It borders South Africa, Namibia, Zambia and Zimbabwe. Approximately two-thirds of the country lies within the Tropics. Botswana covers an area of 581,730 km2 – about the size of France or Kenya. Botswana Tourism

Figure 7: Project locality in Botswana – study area in square

In 1966 Botswana gained independence from Britain and its district administration was formed by adapting their previous colonial administration framework. The Ministry of Local Government provides policy direction to local government, working through such services as Tribal Administration, Remote Area Development and Local Governance. Nine district councils and five town councils, including Gaborone City Council, are responsible for local administration in Botswana. District commissioners appointed by central government have executive authority. The Department of Local Government Technical Services develops and maintains roads, village water supplies, schools, municipal and recreational facilities15. Botswana has a total population, according to the Population & Housing Census 2011, of 2,024,904, which consist of 988,957 males and 1,035,947 females.

15 Commonwealth Education Online, http://www.commonwealthofnations.org/sectors- botswana/government/regional_local_government/

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Botswana has been one of the world’s fastest growing economies over the past 50 years, allowing the country to move from being among the poorest to upper middle- income status – this has had the effect of pulling the majority of the population out of poverty. At the same time, many Batswana are still poor, inequality is among the highest in the world, and human development outcomes are far below the norms for an upper middle-income country. Moreover, the country remains reliant on a diamonds and public sector driven model. This makes it vulnerable both to short term shocks and structural changes. Botswana Systematic Country Diagnostic. World Bank Group

The proposed development falls within the Kgatleng and South-East Regions in Botswana, which are located in the south-eastern part of Botswana.

Kgatleng District covers an area of 7,600 km2 and the administrative capital of Kgatleng is Mochudi and was originally founded in 1871 as the capital of the Bakgatla tribe.16 Kgatleng District has no sub-districts.

There is only one planning area in Kgatleng District and this was declared a planning area in 1995. This area covers Mochudi, Pilane, Bokaa, Malotwana and Rasesa. In addition, a development plan was developed to cover the villages of Sikwane, Mmathubudukwane, Mabalane, Ramonakaand Malolwane. Two service centres, at Artesia and Mmathubudukwane have been established to bring services closer the communities in those areas. Kgatleng District Council 17

The South-East District is the smallest district in Botswana and is home to Botswana’s capital city Gaborone. Ramotswa is the administrative capital and home to the district council of the South-East District. The largest tourist attractions in the South-East District are the Mokolodi Nature Reserve, Gaborone Game Reserve and Manyelanong Game Reserve. South-East District has two sub-districts namely; Ramotswa sub-district and Tlokweng sub-district. The major settlements close to the proposed development are: Monametsana, Malotwana, Mochudi (Figure 8), Dikwididing, Mokatse and Modipane.

16 http://www.kgatlengdc.gov.bw/index.php?id=12 17 Botswana is one of the very few countries with a single Development Code that is applied in the whole country. As presently constituted, the Development Control Code of 1995 is applicable in urban and rural settlements that are Declared Planning Areas. It is legally enforceable in Planning Areas under the Town and Country Planning (General Development Order), 1980 paragraph 7(2).

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Figure 8: Mochudi - Botswana

Figure 9: Districts affected - Botswana

3.12 Demographics

The demographics of the affected districts in Botswana were investigated, in order to learn more about the potentially impacted population’s characteristics.

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The population of Botswana is largely concentrated in the eastern part of the country. Botswana's main ethnic groups are Tswana/ Setswana and Kalanga. Other groups of ethnicities in Botswana include whites and Indians, both groups being roughly equally small in number. Table 18 below shows the population size and distribution by locality type. The South-East District has a total population of 85,014 with 86% of its population living in the urban centres. Kgatleng District has a total population of 91,660 with 61% living in the urban centres and 39% living in rural settlements.

Table 18: Distribution of population by locality type, Botswana 2011

Urban Rural Total

South East 72,912 12,099 85,014 Kgatleng 56,170 35,490 91,660

Most of the population, according to Table 19 below, living in the South-East and Kgatleng Districts are Batswana while only 8% and 5% of the population living in the districts are non-Batswana.

Table 19: Distribution of population by citizenship, Botswana 2011

Batswana Non-Batswana Total

South East 77,852 7,162 85,014 Kgatleng 87,426 4,234 91,660

3.13 Language

In Botswana, Setswana is the national language and English is an official language. Setswana is the first language for the majority of people living the South-East and Kgatleng Districts. As per Table 20 below, 88% of people in the South-East and 94% of people in the Kgatleng District speak Setswana.

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Table 20: Distribution of numbers of persons aged two years and older by language spoken; Botswana 2011

South East Kgatleng

Setswana 71,324 81,594

English 3,738 1,453

Sekalanga 1,219 638

Shekgalagadi 407 181

Afrikaans 334 74

Ndebele 871 835

Zezuru / Shona 2,681 1,975

Seherero 111 124

Other African languages 164 91

Other European languages 224 111

Other Asian language 67 56

Other 189 30

Not stated 222 9

Total 81,551 87,171

3.14 Education

In Botswana, there are ten years of compulsory education starting at the age of six. Primary school comprises seven years and secondary five18. Table 21 below is a summary of the distribution of the population aged twelve years and over that ever-attended school, per sex and highest level of education. According to the 2011 statistics, 27% of the population, both for the South-East and Kgatleng District, aged twelve years and over, have attained Form 1 – 3 as the highest level of education. A further 23% of the population in the South-East District and 14% of the population in the Kgatleng District, aged twelve years and over, have attained Form 4 – 6 as the highest level of education.

Table 21: Distribution of Number of Population Aged Twelve Years and Over That Ever-Attended School per Sex and Highest Level of Education; Botswana 2011

South East Kgatleng

Male Female Total Male Female Total Educational 4,996 4,353 9,349 8,746 6,463 15,209 attainment for 12 Pre-school 803 869 1,672 727 722 1,449

Non-formal 81 127 208 110 162 272 Standard 1 - 4 3,940 4,285 8,225 5,974 6,541 12,515 Standard 5 - 6 2,069 2,173 4,242 2,993 3,312 6,305 Standard 7 2,617 3,370 5,987 3,577 4,791 8,368 Form 1 - 3 8,189 9,435 17,624 9,608 11,210 20,818

18 http://commonwealthofnations.org/yb-pdfs/botswana_country_profile.pdf_Education

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Form 4 – 6 6,953 7,967 14,920 5,028 5,667 10,695 Educational level 1,550 1,466 3,016 142 117 259 unknown Total 31,198 34,045 65,243 36,905 38,985 75,890

3.15 Current economic activity

Botswana has benefited from a stable social structure and a wealth of natural mineral resources; it has an unbroken record of parliamentary democracy and one of Africa’s highest sustained records of economic growth since independence. However, the economy is dependent on mining and agriculture, and has had to cope with the vagaries of the diamond market and frequent droughts19. 53% of the population aged 12 years and over are economically active in the South-East District, 13% are actively seeking work and a further 27.3% of the population are seen as students. 50% of the population aged 12 years and over in the Kgatleng District are economically active, another 11.6% of the population are actively seeking work and 23.2% are in the student category.

3.16 Household Agriculture

Botswana's agricultural potential is, unarguably, limited, even though it is still one of the main economic drivers of the country. The Kalahari Desert occupies a large area of the country, and recent regional droughts have not helped the areas where rain-fed agriculture is the norm20. In Table 22 and Table 23 below an indication is given of the main livestock and crops farmed by households in the South-East and Kgatleng Districts. Cattle, goats, poultry and donkey/ mules are the main livestock owned by households in both districts. Raising cattle has long been the most profitable farming activity in Botswana. The beef industry is well established, and over 95% of production is exported, much of it to Europe21.

With dry red/sandy soil across much of the country and low rainfall, Botswana’s land is generally unsuitable for crops and many foods are imported. However, a narrow corridor on the south-eastern side of the country (leading down to the Shashe, Limpope and Marico rivers) is more suitable for agriculture. This is where most of the population lives22. The main crops planted by households in the South-East and Kgatleng Districts are maize, beans, sweet reeds and sorghum.

Table 22: Distribution of Number of Households by Type of Livestock Owned

South East Kgatleng

Cattle 5,213 9,018 Goats 4,912 7,439

Sheep 100 117 Pigs 337 289

19 http://commonwealthofnations.org/yb-pdfs/botswana_country_profile.pdf_Economy 20 http://www.new-ag.info/en/country/profile.php?a=845 21 http://www.new-ag.info/en/country/profile.php?a=845_Beef and Diary 22 http://www.our-africa.org/botswana/climate-agriculture

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Poultry 5,583 10,494 Donkeys/ Mules 1,170 2,282 Horses 236 359 Ostrich 36 31 Game 114 85 None 14,328 9,864 Total households 9,613 14,873

Table 23: Distribution of Number of Households by Type of Crops Planted

South East Kgatleng

Maize 4,374 7,819

Millet 350 803 Sorghum 1,661 3,338 Beans 3,458 6,350 Water melons 127 825 Sweet reeds 2,541 4,359 Other 24 103 Other plants 11 31 None 13,275 8,733 Total 23,983 24,890

3.17 Household services

Botswana has not only significantly increased access to and quality of their water and sanitation services, but also established an efficient water utility provider. Botswana has also set in place an efficient power distribution utility. Botswana more than doubled its electrification rate between 2006 and 2008, pushing it from 22% to 50%. Between 2004 and 2007, rural access to electricity also doubled, to 44%; which is a major improvement even though still falling short of national targets. Despite recent network extensions, access to electricity remains low as power supply reaches only around 50% of the population. 23

3.17.1 Water supply

Botswana has a high access rate to improved water sources, with more than 90% of the total population having access to an improved water source. Access to improved water supply has increased in both urban and rural areas. As stated in Table 24 below, 30.2% of housing units have access to piped water indoors, a further 39.9% of housing units have access to outdoor piped water. 14.8% of housing units have access to a communal tap and 4.9% of housing units utilise boreholes for their water supply.

23 Botswana’s Infrastructure: A Continental Perspective. Cecilia Briceño-Garmendia and Nataliya Pushak

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Table 24: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Water Supply City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other cattle post locality type Piped 77,263 64,234 20,289 799 100 3,000 166,445 indoors Piped 52,345 119,563 43,144 1,407 296 858 219,795 outdoors Neighbors 3,137 15,186 11,708 136 44 93 31,067 tap Communal 8,129 14,994 43,964 470 1,502 865 81,393 tap Tanker 387 589 1,053 413 492 444 6,283

Well 15 26 153 88 643 39 5,100 Borehole 96 225 620 2 147 3,168 254 27,036 Rivers / 13 354 556 89 581 134 7,657 stream Dam / pan 13 27 103 103 350 1 3,949 Rain water 42 111 82 22 27 31 551 tank Spring - 71 61 - 2 4 200 water Other 510 211 42 8 43 1 1,439 Unknown - 2 - - - - 3 Total 141,950 215,593 121,775 5,682 7,248 5,724 550,918

3.17.2 Fuel for cooking

Table 25 illustrates that Census 2011 recorded that 17.8% of the housing units in Botswana utilise the electricity grid for cooking. 37.9% of the housing units use gas (LPG) for cooking and 41.9% use wood as the principal source of fuel for cooking. Only 1.7% of housing units use paraffin.

Table 25: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Cooking City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other locality cattle post type Electricity 39,388 44,843 11,239 1,078 84 1,097 98,005 grid Petrol 78 166 75 4 3 2 351 Diesel 123 174 105 10 26 35 497

Solar power 121 192 77 3 3 10 426 Gas (LPG) 87,194 94,487 22,444 805 132 2,768 208,748 Bio gas 1,397 2,802 727 29 7 59 5,064

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Wood 9,134 68,829 85,566 3,705 6,943 1,617 226,925 Paraffin 4,137 3,389 1,032 34 41 113 9,178 Cow dung 32 100 234 3 5 6 410 Coal 56 82 52 - 3 - 202 Crop waste 22 46 23 1 - - 93 Charcoal 227 345 112 7 1 7 731 Other 41 137 88 3 - 9 285 Unknown - 1 1 - - 1 3 Total 141,950 215,593 121,775 5,682 7,248 5,724 550,918

3.17.3 Fuel for lighting

As per Table 26 below, more than 53% of the housing units in Botswana use electricity as the principal source of fuel for lighting, a further 30% of housing units use paraffin. 11% of housing units still use candles as the principal fuel source for lighting and 3.5% of housing units use wood.

Table 26: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Lighting City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other cattle post locality type Electricity 101,820 145,343 39,901 1,888 165 3,319 293,331 grid Petrol 186 241 174 42 31 35 830 Diesel 50 80 207 678 468 299 4,226

Solar power 166 451 1,089 167 120 87 2,784 Gas (LPG) 499 665 256 21 8 20 1,533 Bio gas 29 47 25 1 1 1 117 Wood 116 1 932 4 894 451 1 825 105 19,626 Paraffin 27,808 48,219 53,694 1,103 3,328 1,182 165,386 Candle 11,129 18,110 20,925 1,238 1,139 628 60,663 Other 147 504 610 93 163 48 2,421 Unknown - 1 - - - - 1 Total 141,950 215,593 121,775 5,682 7,248 5,724 550,918

3.17.4 Fuel for heating

Table 27 below shows that just less than half of the housing units in Botswana use wood as the principal fuel source for heating (47.7%). 33.6% of the housing units do not use any fuel source for heating. Only 16.75% of housing units use electricity as the principal source of fuel for heating.

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Table 27: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Heating City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other cattle post locality type Electricity 44,391 35,951 8,874 724 45 2,051 92,300 grid Petrol 118 243 89 3 10 6 505 Diesel 18 53 53 5 5 3 157 Solar power 124 345 190 11 6 11 749 Gas (LPG) 2,648 2,239 573 60 8 46 5,626 Bio gas 87 131 65 5 6 4 307 Wood 21,490 90,115 88,741 4,049 6,702 2,090 262,583

Paraffin 375 468 328 12 39 15 1,416 Cow dung 10 66 167 1 1 1 260 Coal 195 340 135 18 8 1 742 Charcoal 262 422 116 7 - 9 846 None 72,201 85,009 22,392 786 418 1,484 185,121 Other 31 210 52 1 - 2 304 Unknown - 1 - - - 1 2 Total 141,950 215,593 121,775 5 7,248 5,724 550,918

3.17.5 Type of toilet facilities

Table 28 reflects that in the case of sanitation, Botswana has managed to improve service options by moving people from traditional to improved latrines and by increasing access to flush toilets, therefore reducing the practice of open defecation. Even though these improvements are significant, access to flush toilets is still at 34.1%.

Table 28: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Type of Toilet Facilities City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other cattle post locality type Own 72,790 131,113 65,601 1,413 881 2,802 281,062 Flush toilet 65,928 54,001 15,200 967 115 2,316 139,057 VIP 920 5,645 3,115 27 29 21 10,063

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Pit latrine 38,011 45,148 13,371 998 220 601 100,450 Dry 53 114 226 16 24 18 567 compost Communal 504 1,536 1,529 163 115 321 4,491 Flush toilet 215 156 61 58 26 107 637 VIP 43 124 49 3 - 1 234 Pit latrine 238 1,180 1,250 101 79 209 3 279 Dry 8 76 169 1 10 4 341 compost Neighbours 922 11,612 13,979 39 100 29 27,411 Flush toilet 187 342 143 5 3 11 696 VIP 71 494 492 - 2 - 1,097

Pit latrine 664 10,737 13,254 34 95 18 25,474 Dry - 39 90 - - - 144 compost None 918 6,649 22,967 2,109 5,810 352 81,689 Unknown - 1 - - - - 1 Total 141,950 215,593 121,775 5,682 7,248 5,724 550,918

3.18 Identification of social impacts

The aim of this section is to identify the social impacts that are likely to arise because of the proposed developments in proposed project area. In each instance, a distinction is drawn between impacts that are likely to occur during the construction phase, those that are most likely to occur during the operational phase, and those that will only materialise during decommissioning.

3.18.1 Predicted impacts

A Social Impact Assessment was undertaken as part of the ESIA. A summary of the findings from the SIA, as included in the ESIA, are detailed below.

Based on the discussion presented in the previous sections, it can be concluded that many of the significant socio-economic impacts of the proposed BOSA Transmission Interconnection Project will occur during their construction phase.

Positive impacts include temporary and permanent creation of employment opportunities as well as associated economic benefits and possible creation of opportunities for local sourcing of goods and services. In addition, there will be anticipated positive impacts for local micro, small and medium enterprises and increased availability of electricity.

Negative impacts include the potential influx of job seekers, possible social pathologies arising from the influx of construction workers and job seekers, construction-related health, safety and aesthetic impacts, and displacement.

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Cumulative impacts include impacts related to population influx such as the creation of spontaneous and informal settlements and the increased pressure on local services/ resources and further the impact on the visual surroundings and sense of place as well as impacts on ecosystem services.

The pre- and post-mitigation ratings assigned to the various impacts discussed are summarised in the Table 28 below and graphically represented in the figures below. In the figures, the entries in the various coloured cells correspond to the codes given for impacts in the second column of the table.

Positive impacts associated with the project include: • The creation of limited permanent and temporary semi-skilled and unskilled employment opportunities; • Opportunities for local sourcing of goods and services during construction; • Local and regional economic benefits; and • Increased availability of electricity through better transmission networks.

Negative impacts that may be associated with this project include: • Social and cultural disruption and conflict due to population influx; • Possible social pathologies arising from the population influx; • Construction-related health, safety and aesthetic impacts; • Negative impacts related to a construction camp; • Land use impacts and impacts on common property resources; and • Displacement.

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Table 29: Pre- and post-mitigation impact ratings

Pre-mitigation: Post-mitigation: Code Impact Duration Extent Intensity Consequence Probability Significance Duration Extent Intensity Consequence Probability Significance Short- Moderate Slightly Low - Short- High - Moderately Moderate - 1 Job creation Local Very likely Local Certain term - positive beneficial positive term positive beneficial positive Opportunities for local Short- Moderate Slightly Low - Short- High - Moderately Moderate - 2 sourcing of good and Local Very likely Local Certain term - positive beneficial positive term positive beneficial positive services Local and regional Short- Moderate Slightly Low - Short- High - Moderately Moderate - 3 economic benefits and Local Very likely Local Certain term - positive beneficial positive term positive beneficial positive multiplier effects Increased availability of Long- High - Highly Moderate - Long- Very high Extremely High - 4 Regional Fairly likely Regional Very likely stable electricity term positive beneficial positive term - positive beneficial positive Moderate Short- High - Moderately Moderate - Short- Slightly Low - 5 Population influx Local Very likely Local - Fairly likely term negative detrimental negative term detrimental negative negative Very high Increased social Long- Extremely Very high - Long- High - Highly Moderate - 6 Regional - Certain Regional Fairly likely pathologies term detrimental negative term negative detrimental negative negative Construction related health, Moderate Short- High - Moderately Moderate - Short- Slightly Low - 7 safety and aesthetic Local Very likely Local - Fairly likely term negative detrimental negative term detrimental negative impacts negative Land use impacts and Moderate Long- Site- High - Moderately High - Short- Site- Slightly Low - 8 impacts on common Certain - Certain term specific negative detrimental negative term specific detrimental negative property resources negative Very high Long- Site- Highly High - Long- Site- High - Moderately Moderate - 9 Displacement - Certain Very likely term specific detrimental negative term specific negative detrimental negative negative

Legend

Significance: Negative Positive Very high High Moderate Low Very low

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Figure 10: Impact rating pre- and post-mitigation and maximisation measures

Positive impacts include temporary and permanent creation of employment opportunities as well as associated economic benefits and possible creation of opportunities for local sourcing of goods and services as well as anticipated positive impacts on local micro, small and medium enterprises and increased availability of electricity.

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4 Legal and policy framework

There is no specific legislation in South Africa and Botswana that addresses resettlement per se but some aspects that have a bearing on resettlement are covered by more general legislative instruments.

4.1 Objectives and basic terms for preparation of the Resettlement Action Plan 4.1.1 Impacts, land acquisition and resettlement

Based on the nature of the project it is inevitable that activities will lead to either land acquisition and/or denial of, restriction to or loss of access to economic assets and resources and therefore, ultimately to the land acquisition and compensation and, possibly, resettlement of people. It is envisioned that only small numbers of people and areas will be impacted by project activities. When this occurs, relevant provisions in the legislation for the Botswana Government, South African Government (See Section 4.6 and 4.7) as well as the Development Bank of South Africa (DBSA) Environmental & Social Safeguard Standard 3 on Involuntary Resettlement, World Bank Operational Policy (OP) 4.12 and International Finance Corporation (IFC) Performance Standard (PS) 5 on Land Acquisition and Involuntary Resettlement will apply.

4.1.2 Resettlement preparation and implementation

The resettlement policy framework establishes the resettlement and compensation principles, organisational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project. The RPF is prepared according to the standards of the South African governmental legislation and policy on resettlement and compensation as well as World Bank OP 4.12 and IFC Performance S 5. If BPC and Eskom wish to apply for funding from the Equator Principles Financial Institutions, (EPFIs), then apart from compliance with the relevant legislation and guidelines listed above, they will have to also conform to appropriate Equator Principles. Furthermore, compliance with the set principles will clearly indicate their commitment to sustainable development.

When specific planning information becomes available and the affected land areas are identified, sub- project resettlement and compensation plans will be subsequently prepared consistent with this RPF and will be submitted to BPC and Eskom for approval before any land acquisition, compensation, resettlement, or any other impact on livelihood occurs.

Compiled in accordance with the World Bank OP 4.12 (attached as Annexure 1), this RPF will cover the following sections:

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• Background and project description; • Principles and objectives governing resettlement and compensation preparation and implementation; • A description of the process for preparing and approving resettlement and compensation plans; • Land acquisition and likely categories of impact; • Eligibility criteria for defining various categories of project affected persons; • A legal framework reviewing the fit between the laws and regulations of Botswana and South Africa and DBSA, World Bank/ IFC policy requirements and measures proposed to bridge any gaps between them; • Methods of valuing affected assets; • Organisational procedures for the delivery of entitlements, including, for projects involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer; • Description of the implementation process, linking resettlement and compensation implementation to civil works; • Description of grievance redress mechanisms; • Description of the arrangements for funding resettlement and compensation, including the preparation and review of costs estimates, the flow of funds, and contingency arrangements; • A description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and • Arrangements for monitoring by the implementation agency and, if required, by independent monitors.

4.2 Principles and objectives governing resettlement preparation and implementation 4.2.1 Basic principles of the resettlement programme

The impacts due to involuntary resettlement from development projects may give rise to economic, social and environmental risks resulting in production systems being dismantled, people facing impoverishment when their productive assets or income sources are lost, people being relocated to environments where their productive skills may be less applicable and the competition for resources increases; community institutions and social networks being weakened; kin groups being dispersed; and cultural identity, traditional authority, and the potential for mutual help being diminished or lost.

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may otherwise access the land economically, spiritually or any other way which may not be possible during and after the project is implemented.

Therefore, people will be compensated appropriately for their loss (of land, property or access) either in kind or in cash, of which the former is preferred. The laws for resettlement and land acquisition for South Africa and Botswana set procedures for compensation while acquiring land from citizens. Relevant South African and Botswana laws, as detailed in Section 4.6 and 4.7, and the World Bank’s OP 4.12/ IFC PS 5 as well as Equator Principles should be adhered to.

4.3 Objectives of the Resettlement Policy

The Resettlement Policy will thus have the following objectives: • Involuntary resettlement and land acquisition will be avoided where feasible, or minimised, by exploring all viable alternatives. • Where involuntary resettlement and land acquisition is unavoidable, resettlement and compensation activities will be conceived and executed as sustainable development programs. Displaced and compensated persons will be meaningfully consulted and will have opportunities to participate in planning and implementing resettlement and compensation programs. • Displaced and compensated persons will be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or levels prevailing prior to the beginning of the project implementation, whichever is higher. Affected people, according to the World Bank policy, refers to people who are directly affected socially and economically by bank-assisted investment projects caused by: o Relocation or loss of shelter; o Loss of assets or access to assets; o Loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or o The involuntary restriction or access to legally designated parks and protected areas results in adverse impacts on the livelihood of the displaced persons.

The Resettlement Policy Framework applies to all components under the project, whether or not they are directly funded in whole or in part by the World Bank and Equator Principles Financial Institutions (EPFI). The policy applies to all affected persons regardless of the total number affected, the severity of the impact and whether or not they have legal title to the land. Particular attention will be paid to the needs of vulnerable groups among those displaced; especially those below the poverty line24; the

24 Below Poverty Line is an economic benchmark and poverty threshold used by the government to indicate economic disadvantage and to identify individuals and households in need of government assistance and aid. It is determined using various parameters. Internationally, an income of less than $1.25 per day per head of purchasing power parity is defined as extreme poverty.

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landless, the elderly, women and children, indigenous groups and ethnic minorities, orphans, or other affected persons who may not be protected through national land compensation legislation.

The policy also requires that the implementation of individual resettlement and compensation plans are a prerequisite for the implementation of project activities causing resettlement, such as land acquisition, to ensure that displacement or restriction to access does not occur before necessary measures for resettlement and compensation are in place. It is further required that these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, the taking of land and related assets and infrastructures may take place only once formal agreements between parties have been reached.

Furthermore, where relocation or loss of shelter occurs, the policy requires that measures to assist the displaced persons be implemented in accordance with the Resettlement and Compensation Plan of Action. It is particularly important to manage, to the extent possible, any socio-economic pressures in the communities that are likely to be exacerbated by involuntary resettlement, by facilitating the participation of those impacted in the project activities.

Therefore, the RPF seeks to ensure that affected communities are meaningfully consulted, have participated in the planning process and, are adequately compensated to the extent that their pre- displacement incomes have been restored and that the process is fair and transparent.

4.4 International guidelines on involuntary land acquisition and resettlement 4.4.1 International Finance Corporation (IFC) Performance Standard 5

International Finance Corporation (IFC) Performance Standard 5 on Land Acquisition and Involuntary Resettlement (PS 5) recognises that project-related land acquisition and restrictions on land use can have adverse impacts on communities and persons that use this land. Involuntary resettlement refers both to physical displacement (relocation or loss of shelter) and to economic displacement (loss of assets or access to assets that leads to loss of income sources or other means of livelihood) as a result of project-related land acquisition and/ or restrictions on land use. Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in physical or economic displacement. This occurs in cases of (i) lawful expropriation or temporary or permanent restrictions on land use and (ii) negotiated settlements in which the buyer can resort to expropriation or impose legal restrictions on land use if negotiations with the seller fail.

Performance Standard 5 further describes a Resettlement Policy Framework (RPF) as a document drafted by the company or other parties responsible for resettlement, specifying the procedures it will

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follow and the actions the company will implement to properly resettle and compensate affected people and communities. The RPF is the company’s commitment to financial institutions and to the affected people that it will meet its obligations arising from involuntary resettlement.

4.4.2 World Bank Operational Policy-OP 4.12

The World Bank Operation Policy OP 4.12 indicates that “involuntary resettlement should be avoided where feasible, or minimised, exploring all viable alternative project designs”. This fundamental policy objective reflects the recognition that resettlement can be severely harmful to people and their communities. Moreover, the planning and implementation of mitigation measures can be both complex and costly, and the Involuntary Resettlement Sourcebook, suggest that no guarantees of complete success. A project design that reduces the number of people potentially affected and minimises the severity of potential impacts also helps reduce the resettlement costs, responsibilities, and liabilities of the project. The OP 4.12 further defines a Resettlement Policy Framework as a document that clarifies resettlement principles, organisational arrangements and design criteria to be applied to subprojects to be prepared during project implementation.

4.5 Guiding principles for resettlement planning and implementation

The following guiding principles should be adopted for the resettlement planning process, as well as during resettlement implementation: • Principle 1: Relocation and land acquisition will be avoided or minimised where possible. • Principle 2: On-going and meaningful consultation will occur with project-affected persons and communities. • Principle 3: Affected persons will be assisted to improve their livelihoods. • Principle 4: Vulnerable groups and severely project-affected persons will be specifically catered for. • Principle 5: Land acquisition/relocation planning, budgeting and implementation will be an integral part of the project. • Principle 6: A proper database of affected persons will be established for management and monitoring purposes. • Principle 7: Grievance and monitoring procedures will be in place. • Principle 8: All resettlement activities will be planned and executed so as to comply with relevant legal obligations.

The principles are consistent with international involuntary resettlement safeguards, while also acknowledging South African policies and legislation.

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4.6 Review of the legislation in Botswana governing land acquisition and resettlement

The following section outlines the main legislation related to land acquisition and resettlement in Botswana. Land administration in Botswana controlled by the following acts: • Land Control Act (Chapter 32:11); • State Land Act (Chapter 32:01); • Tribal Land Act (Chapter 32:02); • Town and Country Planning Act (Chapter 32:09); and • Electrical Supply Act (Chapter 73:01).

4.6.1 Land Control Act (Chapter 32:11)

The Land Control Act (Chapter 32:11) is meant to provide for the control of transactions in agricultural land. (5) (i) Any person who proposes to enter into a controlled transaction shall, not less than 90 days before the proposed date of such transaction, publish a notice in the gazette and in at least one newspaper circulating in Botswana giving in such notice; and (ii) Any person wishing to object to a proposed controlled transaction may give written notice of his objection, with reasons therefore to the minister.

With reference to the BOSA Transmission Interconnection Project, the project goes through agricultural land and as such an advertisement should be placed to notify the public of the proposed transactions. During the Terms of Reference (ToR) and scoping phases of the project an advertisement was placed in a local paper (Botswana Daily News) which is accessible to all people in the country. In addition, public consultation meetings were held in 12 villages which are near the proposed line and all the affected communities welcomed the proposed development.

4.6.2 State Land Act (Chapter 32:01)

This Act defines the state land of Botswana, provides for its disposal and provides for matters incidental to, or connected with, the foregoing matters. (10) No contract for the sale or other disposition of any state land or of any interest in any state land shall be of any force or effect unless it is in writing and the agreement of the President or of a person authorized under section 4 to exercise the powers of the president or such person.

With reference to the BOSA Transmission Interconnection Project, the compensation process should engage all the affected parties. The land through which the proposed transmission line will be passing is state land and as such consultation and negotiations with the affected people is required. Should a dispute arise the local authorities such as the tribal chief and Land Board may intervene.

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4.6.3 Tribal Land Act (Chapter 32:02)

This Act provides for the establishment of tribal land boards, to vest tribal land in such boards and to define the powers and duties of these boards, the chiefs in relation to land and to provide for matters relating to this.

With reference to the BOSA Transmission Interconnection Project, the compensation process should engage all the affected parties. The land on which the proposed project will be located is also under state land and as such, consultation and negotiations with the affected people are required. Should a dispute arise, the local authorities such as the tribal chief and land board may intervene. The Act describes the powers and duties of the local authority with regards to the project. The land board would facilitate the compensation and relocation of land and issue land rights with the help of the tribal chiefs and mitigate disputes that may arise between the proponents and the PAPs.

Section 33 Privately Owned Customary Rights

(1) Where land is granted to the state under Section 32 and there subsists over such land under customary form of tenure, the land board shall require the occupier to vacate the land, and on such vacation the provisions of subsection (2) shall have effect. (2) Any person who is required to vacate land under the provisions of subsection (1) may be granted the right to use other land, if available, and shall be entitled to adequate compensation from the state for the following, if applicable: (a) The value of any standing crops taken over by the state; (b) The value of any improvements completed to such land, including the value of any clearing or preparation of land for agricultural or other purposes; (c) The costs of resettlement; and (d) The loss of right of use of such land. (3) In the event of the state and any person who alleges he is entitled to compensation under the provisions of this section being unable to agree as to the amount of such compensation, such person may make application to the high court or to a magistrate's court of competent jurisdiction for the purpose of- (a) The determination of his interest or right; (b) Ascertaining the legality of the taking of possession or acquisition of the property, interest or right; or (c) Ascertaining the amount of any compensation to which he is entitled and whether or not such compensation is adequate in the circumstances of the case and, if not, what is adequate compensation, and the court may make such order in the matter as it thinks fit.

With reference to the BOSA Transmission Interconnection Project, the land board can require the occupier to vacate the land, and any person who is required to vacate land under the provisions of

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subsection (1) may be granted the right to use other land, if available, and shall be entitled to adequate compensation taking into consideration: • The value of any standing crops taken over; • The value of any improvements effected to such land, including the value of any clearing or preparation of land for agricultural or other purposes; • The costs of resettlement; and • The loss of right of use of such land.

Section 34 Other Privately-Owned Rights

Where any right to land (other than a right vested in the land board) subsists and such right is not of the nature described in section 33(1), the state may acquire such right in accordance with the provisions of the Acquisition of Property Act which shall, to this extent, and notwithstanding anything to the contrary in that act, be deemed to be applicable to the tribal territories.

With reference to the BOSA Transmission Interconnection Project, the Act does mention that a person affected by any project may be given another piece of land to use depending on availability but state that they must be compensated accordingly.

4.6.4 Town and Country Planning Act (Chapter 32:09)

This Act makes provision for the orderly and progressive development of land in both urban and rural areas and to preserve and improve the amenities thereof; for the grant of permission to develop land and for other powers of control over the use of land; and for purposes ancillary to or connected with the matters aforesaid.

With reference to the BOSA Transmission Interconnection Project, the Act does not have any reference to resettlement of people who are affected by any development. However, it requires that permission be sought from the local authorities for developments granted and approved by the authorities. Stakeholder consultations were carried out to notify and seek comments on the proposed BOSA Project.

4.6.5 Electrical Supply Act (Chapter 73:01)

As per the Electrical Supply Act (Chapter 73:01) section 6, under the heading wayleaves over land, BPC has the right to place any transmission line, whether above or below ground, into, out of or across any land, other than land covered by buildings.

However, before placing any such line in position, BPC is required to serve to the owner of the land and to any person lawfully occupying it, or, in the case of a street, the local or other authority concerned, a notice of their intention, together with a description of the lines proposed to be placed. Provided that, if the owner or such person is not a resident and has no representative within Botswana, no such notice need be served to him.

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There is a 28 days period in which the recipient of such notice has to object to the Minister of Land Management, Water and Sanitation Services.

This chapter explicitly states that the act does not give the right to lay down or place any transmission line into, though, or against any building, or in any land covered with buildings, without the consent of the owner and lawful occupier.

However, any overhead line and any support, stay or strut required for the sole purpose of supporting an overhead line may be placed on or over any land or building with the consent of the minister if, in his opinion, the consent of the owner or person lawfully occupying the land is being unreasonably withheld, and the minister shall fix the amount of compensation or of annual rental, or of both, which shall be paid to such owner or such person by the licensee.

If the owner of or person lawfully occupying any land on or over which any transmission line has been placed, or, in the case of a street, the local or other authority concerned, requires the position of such line to be changed, the minister may, by notice in writing, order the licensee to alter the position of such line, subject to such conditions as, failing agreement between the parties, may be specified by the minister.

Before making any decision or order in terms of this section, the minister shall give to all parties concerned an opportunity of making representations, either in person or in writing.

The issue of acquisition of land and the associated compensation can be sensitive and a matter that potentially causes arguments between the acquirer and the existing land owners. BPC therefore has a specific acquisition and compensation process to ensure this process is dealt with in a fair and equitable manner.

With reference to the BOSA Transmission Interconnection Project, the act specifies that BPC has the right to place any transmission line, whether above or below ground, into, out of or across any land, other than land covered by buildings. Out of the 128 fields surveyed, four fields with structures are within 60 m corridor and the rest of the fields have no buildings within 60 m corridor making the current Right of Way (RoW) viable and suitable. With specialist assessments being done, the RoW is subject to change depending on the outcomes of such studies.

With regards to notifying the public, stakeholder consultations were carried out within all 12 villages in the vicinity of the proposed site during to the ToR and scoping phase. In addition, one on one consultations were done during the field survey.

In case of failing agreements, the minister may, by notice in writing, order the licensee to alter the position of such line. In case of failing agreement between the parties the minister shall give to all parties concerned an opportunity of making representations, either in person or in writing.

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4.6.6 Botswana Power Corporation Act (Chapter 74:01)

As per Botswana Power Corporation Act (Chapter 74:01) section 4, BPC has the right to place any transmission line, whether above or below ground, into, out of or across any land, other than land covered by buildings. However, BPC has to initiate public consultations with the affected community. The act defines the powers and duties of BPC and to provide for matters incidental thereto.

Section 24. Compulsory Acquisition of Land

For the purposes of any written law, for the time being in force, relating to the compulsory acquisition of land for public purposes, the functions and operations of BPC shall be deemed to be public purposes.

With reference to the BOSA Transmission Interconnection Project, the act specifies that compulsory acquisition of land can be done in the case of public projects and functions where operations of the project are of benefit to the public. The proposed transmission project is a national project and benefits the economy of the country and therefore such compulsory acquisition of land is applicable.

Section 25. Resettlement Measures

If the operations of BPC make necessary the resettlement of any person dwelling upon any communally owned land, the terms of such resettlement shall be subject to the agreement of the government and of the local authority of the area concerned.

Resettlement measures may be required as the RoW goes through 4 fields with buildings, and in this case resettlement of the affected households may be done with agreement of the government and land board.

Section 26. Compensation for Loss or Damage

(1) In the exercise of its powers under this act in relation to the execution of works of interference with property, the BPC shall cause as little detriment and inconvenience and do as little damage as possible, and shall make full compensation to all local and other authorities and other persons who have sustained loss or damage for all loss or damage sustained by them by reason or in consequence of the exercise of such powers and, in default of agreement between the parties, the amount and application of such compensation shall be determined by arbitration in accordance with the provisions of the Arbitration Act. (2) For the purpose of such arbitration the parties shall be deemed to be parties to a submission in which the reference is to two arbitrators.

With reference to the BOSA Transmission Interconnection Project, the act specifies that BPC shall ensure that there is minimal damage and make full compensation for any loss or damage sustained. As some fields in the RoW contain structures such as boreholes, buildings, livestock kraals, compensation to the affected people must be done.

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4.7 Review of the South African legislation governing land acquisition and resettlement

The following section outlines the main legislation related to land acquisition and resettlement in South Africa.

4.7.1 The Constitution of the Republic of South Africa, (Act 108 of 1996)

Chapter 2, the Bill of Rights, enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom. These rights represent the cornerstone of democracy in South Africa. The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. Key rights in the bill that have a bearing on social rights and issues include: life, human dignity, equality, freedom of religion, belief and opinion; environment, property, health care, food, water and social security, language and culture, cultural, religious and linguistic communities, access to information, just administrative action.

4.7.2 National Environmental Management Act (NEMA) (Act 107 of 1998), as amended

The preamble to NEMA and the principles contained therein have a significant bearing on the need to identify and assess social impacts. In this regard, the preamble refers to a number of the basic rights set out in Chapter 2 (Bill of Rights) of the Constitution. These include reference to the right of all persons to an environment that is not harmful to his or her health or well-being, the need for the State to respect, protect, promote and fulfil the social, economic and environmental rights of everyone and strive to meet the basic needs of previously disadvantaged communities, and the promotion of sustainable development that requires the integration of social, economic and environmental factors in the planning, implementation and evaluation of decisions to ensure that development serves present and future generations.

4.7.3 Occupational rights and customary law

For the project areas that fall within the jurisdiction of the traditional authorities, there will be a need to understand and seek compliance with customary law. Customary law is the written and unwritten rules which have developed from the customs and traditions of communities. For customs and traditions to become law, they must be:

• Known to the community; • Followed by the community; and • Enforceable (able to be carried out).

Rules of customary law allow for inequality among people to continue, especially for women and girls, who remain economically and socially inferior to men. For example, under customary law rules of

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inheritance, the oldest son inherits the control of the family property, and makes the decisions about the property. The wife does not inherit the family property, although she may use it.

4.7.4 National Water Act (Act 36 of 1998)

The fundamental principles of the NWA recognise that sustainability and equity are central guiding principles in the protection, use, development, conservation, management and control of South Africa’s water resources. These guiding principles also recognise the basic human needs of current and future generations and the need to promote social and economic development through the use of water. In this regard, the purpose of the NWA is to ensure that South Africa’s water resources are protected, used, developed, conserved, managed and controlled in ways that take into account factors that are central to the assessment of social issues.

4.7.5 The Interim Protection of Informal Land Rights Act No. 31 of 1996

To provide for the temporary protection of certain rights to and interests in land which are not otherwise adequately protected by law; and to provide for matters connected therewith.

"informal right to land" means-

(a) the use of, occupation of, or access to land in terms of-

(i) any tribal, customary or indigenous law or practice of a tribe;

(ii) the custom, usage or administrative practice in a particular area or community, where the land in question at any time.

4.7.6 Land Reform (Labour Tenants) Act No 3 of 1996

The act provides the legal requirements for the lawful eviction of labour tenants, family members of the labour tenants (“associates") or farm workers from occupying or using a piece of land.

4.7.7 Extension of Security of Tenure Act No 62 of 1997

The act provides the conditions under which persons may be evicted from using or occupying a piece of land.

4.7.8 National Heritage Resources Act No. 25 of 1999 and associated Ordinances

National Heritage Resources Act No 25 of 1999, Removal of Graves and Dead Bodies Ordinance 7 of 1925 as well as minimum standards set by Association of Southern African Archaeologists (ASAPA). The acts and ordinance provide the legal requirements for the protection of sacred buildings and traditional burial sites as well as graves relocation in the country.

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4.7.9 Human Tissues Act (Act 65 of 1983 as Amended and the National Health Act (Act 61 of 2003)

The acts deal with exhumation, the research on and the re-internment of dead persons or animals, and/or objects into the ground, relevant if there is a need to move graves.

4.7.10 Promotion of Administrative Justice Act (Act 3 of 2000)

The Promotion of Administrative Justice Act (PAJA) aims to make government administration effective and accountable to people for its actions. It states that all administrators must do the following: • Follow fair procedure when making a decision and clearly explain any decisions taken; • Allow relevant parties to voice their opinion before making any decision that might affect their rights; • Inform people about any redress mechanisms in their apartment. If there is no internal appeal system, they must tell citizens of their right to ask the courts to review the decision; and • Tell people that they have the right to ask for the reasons for any decision taken to be given to them in writing.

Section 3 of the act deals with fair procedures when making decisions affecting the rights of a particular individual. There are five mandatory procedures to be followed: • Before a decision is made, the individual(s) in question must be given (1) adequate notice of the nature and purpose of the proposed administrative action, as well as (2) a reasonable opportunity to make representations. • After a decision is taken, they must receive the following: o (3) A clear statement of the administrative action; o (4) Adequate notice of any right of review or internal appeal; and o (5) Adequate notice of the right to request reasons.

In terms of this act, advance notices must be issued to all landowners from whom land is to be expropriated for the project.

4.8 Comparison of national legislative framework and the IFC Performance Standard 5 on Involuntary Resettlement

Perhaps the most notable difference between the Botswana and South African legislation precedent and international best practice is the degree to which unregistered Project Affected Persons (PAPs residing or running unregistered shops on rent are to be dealt with and income streams are restored. A second potentially difficult issue relates to the World Bank/ IFC requirements that compensation be at replacement value and not market value. In many instances, replacement value is greater than market value. Table 30 below provides a summary of the comparison between South African Legislation and IFC requirements.

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Table 30: Summary of the comparison between South African and Botswanan legislation and the IFC requirements

South African IFC Performance Standard Category Botswana legislation legislation 5 All occupants, regardless of the legal status under which they occupy land, and Eligibility “Right holders” “Right holders” including both “physically- displaced” and “economically- displaced”. The cut-off date is the date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cut-off date are not eligible for compensation and/or Cut-off date No specific provision No specific provision resettlement assistance. Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Strongly favours in-kind Developer or project to Project to pay compensation, including Cash and in-kind pay compensation in compensation in cash provision of replacement compensation cash or in-kind or in-kind housing and replacement land with security of tenure. Market value, Calculation of determined by the Market value At “full replacement cost”. compensation District Land Board Authorities All affected persons are Compensation Compensation is largely Compensation is largely entitled to some form of based on the right directed at the “legal” directed at the “legal” compensation whether or not of ownership owners of land or rights owners of land or rights they have legal title. No specific provision Provision under Land other than as per Control Act (Chapter environmental Consultation with 32:11) Section 5. legislation but PAPs and host Mandatory. considered by communities Provision under EIA Act government to be key to (2011) Section 7 any project involving communities Assumed to be part of Assumed to be part of Resettlement overall calculation with overall calculation with Mandatory. assistance respect to market value respect to market value Affected populace Seen as desired project spin as project No specific provision No specific provision off. beneficiaries

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5 Inventory of affected assets

5.1 Introduction

The asset and infrastructure baseline refers to the individual and communal assets and infrastructure, fixed or moveable, that the project directly affected people own or have access to. The section below describes these assets and infrastructure that are likely to be affected as a result of the proposed development project as well as the baseline socio-economic conditions of the project affected people.

The baseline socio-economic conditions of a community (community profiles) are the existing conditions and past trends associated with the human environment in which the proposed activity is to take place. The description of baseline conditions includes the relationship with the biophysical environment, social resources, culture, attitudes and social conditions, economic and population characteristics.

5.2 Undertaking inventory of affected assets

Asset and infrastructure (A&I) surveys represent the most effective way of obtaining reliable quantitative data on spatial and temporal trends in the socio-economic attributes, attitudes and behaviour of a community. The methodology used for undertaking the household survey comprised of the following activities: • Survey planning; • Sample selection; • Design of the survey instrument (questionnaire); • Enumeration; • Survey device and data processing; • Data analysis, consolidation and reporting; and • Recording challenges faced during fieldwork.

5.2.1 Survey planning

This process involved the development of the overall strategy, the structure for the survey, component plans and budget. The final date for the survey undertaking was set for 09 to 20 October 2017 in Botswana as well as from 06 to 10 November 2017 in South Africa.

5.2.2 Questionnaire design

Data collection during the survey was undertaken by means of structured interviews guided by a questionnaire (see questionnaire used in A&I survey in Appendix A). Responses from respondents as

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well as GPS coordinates and photo numbers of assets and infrastructures of households were recorded on the questionnaire. Household attributes assessed through the questionnaire included: • Household information (identification); • Demographic information; • Dwelling type (residential and other structures); • Access to water and energy; • Land and agriculture; • Business enterprise; • Health and nutrition; • Household income and expenditure; • Social networks; • Needs analysis; and • Graves.

5.2.3 Enumeration

Aurecon and RPM staff members who had previous experience in conducting social as well as asset and infrastructure surveys, conducted the surveys. The surveys were conducted between 09 and 20 October 2017 in Botswana as well as from 06 to 10 November in South Africa. In South Africa and Botswana, responses were recorded on the questionnaires and completed questionnaires were collected daily. Questionnaires checked by the Aurecon supervisor for quality assurance in South Africa and in Botswana, quality assurance was done by RPM staff. Enumerators and the fieldwork supervisor worked under the guidance and with the support of the social research team leader for the duration of the survey.

5.2.4 Data processing

Data processing included scanning of all questionnaires by removing foreign materials in-between pages and ensured that all pages were loose. These questionnaires were put through a scanner to create an electronic image. Finally, data from questionnaires were entered into a central entry system, cleaned and sorted for analysis.

5.2.5 Data analysis, consolidation and reporting

Quantitative data were analysed at Aurecon’s central office. In addition to descriptive statistics (the proportions of respondents in various areas that gave a particular response to a given questionnaire item), data analysis also made use of inferential techniques (e.g. estimating the degree of confidence that can be attached to a particular indicator and calculating the significance of differences among geographical areas in terms of the distribution of responses). The findings of the survey are presented in Section 5.4 of this report.

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5.3 Challenges

The following challenges were experienced during fieldwork:

• Households took a long time to provide personal documents such as IDs;

• Some of the household heads were not readily available and the team had to go back at night to complete the questionnaire and this became a safety risk;

• Some of the household heads refused to cooperate fully;

• Some of the households could not identify graves of their late family members and this delayed the process of graves audit; and

• Most of the graves are unmarked, making it difficult to find the family.

5.4 Key results Botswana

An aerial survey was done where 128 impacted farms were identified, followed by a field survey where two of the farms were found to be nonexistent, leaving the total number of farms impacted to be 126. Out of the 126 farms surveyed, 60 farms were fenced, most of the farmers used sticks and poles for fencing, and only a few farms were fenced using wire fence and steel poles. The remaining 66 farms that were not fenced were also not de-bushed nor cultivated. Out of the 126 farms surveyed, only 17 farms were ploughed. Ploughing season in the area starts in November, the survey was undertaken in October thus before the ploughing season. Furthemore, 18 farms had structures on them. For the full A&I survey results for Botswana see Appendix B.

126 farms directly 66 farms not fenced affected

18 farms 60 fenced farms with structures

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Household information (identification)

Of the 126 farms, the survey only managed to identify and interview people from18 households. Eleven respondents were not household heads, they were either workers, relatives to the household heads, or members of the household. Since most of the farm owners were not available, the community representative assisted in identifying the farms and the owners. More than half of the people interviewed live on the farms on a temporary basis. None of the households were child headed and none of the households interviewed have disabled children or adults as part of the household.

Demographic information

Most of the household members do not reside in the area. Only farm 15 and 17 had members living on the farm on a permanent basis, six people were household heads and two were workers with no blood relation to the household head.

Dwelling type (residential and other structures)

Eighteen farms had structures on them, most commonly multifunctional residential structures. Ten multifunctional residential structures surveyed were located outside of the line servitude as most homesteads are located outside the line servitude. Eight of the 18 structures surveyed served as sleeping structures, toilets and kitchens. The main construction material for the walls was predominantly corrugated iron, followed by eight structures that consisted of mud or clay. Eight structures had concrete bricks as wall material and one structure was entirely constructed from timber. With regards to the roofing materials all structures are roofed using corrugated iron except two structures which were roofed using grass/thatch.

Access to water and energy

Out of the twenty-people interviewed, eighteen people use paraffin for lighting, one use candles while other use charged led lamps. All the people interviewed use fire wood for cooking.

Land and agriculture

Of the 126 farms only 38 were cultivated and evidence of agricultural activities was observed. The remaining 88 farms did not show any sign of recent agricultural activity. One specific farm, farm 125 had a lot of vegetables planted on it. Three farms had boreholes on them which implied intense agricultural activities on the farms. A total of eight farms had livestock shelters while three had chicken coops.

Business enterprise

Only one household, which is household 125, ran a business enterprise. They sold vegetables to Mochudi shops.

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Health and nutrition

None of the households had anyone suffering from malnutrition and other diseases.

Household income and expenditure

Members from three households had their main source of income as salary and wages. Members of two households stated that their main source of income is from old age pension and one household member stated that they get their income from crop and livestock production. Only one person mentioned that they get their other income from casual employment while the rest of the people interviewed had no second source of income. One person interviewed mentioned that they spend most of their income on transport and clothing while five mentioned that they spend most of their income on food and personal items.

Social networks

From all the interviewed people, only one household member mentioned that she was a member of the village development committee and the rest of the people interviewed had no social network affiliation.

Needs analysis

From the people interviewed, two people mentioned that there are employment problems in their area, three mentioned that the lack of health care facilities was a problem in their area. Two people characterized their area as undeveloped with lack of access to business centers/ shops and access to markets for goods. The main problem identified in the area was poor access to clean water and electricity. Two of the interviewed people mentioned that their biggest concern in the area is lack of schools. Only one person mentioned that crime, violence and vandalism existed in the area. Other issues identified in the area were poor access to agricultural inputs, lack of agricultural land, hunger/ nutrition and Illegal land occupation. None of the people interviewed had waste accumulation problems. However, all of the people interviewed mentioned that they either bury or burn their waste.

Graves

No one knew of any graves in the households and farms in all the villages affected by the project. Since many fields were inherited from the owner’s forefathers, it is possible that old graves could exist within the project servitudes.

South Africa

In South Africa there are 77 farm portions directly affected by the proposed project. There are two categories that form part of the compensation process; privately owned farm portions and state owned/ traditional trust owned farm portions. For the full A&I survey results for South Africa see Appendix C.

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Privately owned farm portions

The farm portions that forms part of this category are owned by a private entity. After an aerial survey as well as ground confirmation through the A&I survey process, it was confirmed that no structures will be affected by the proposed project. Most of owners have been identified through the public participation process and social surveys. The outstanding land owners have been identified with the assistance of the relevant municipalities, farmers associations and traditional leaders. The majority of the land affected by the proposed project are not under cultivation, but could be used for grazing. Land acquisition and compensation for the affected land will follow Eskom’s land acquisition process, and the agreement will be between Eskom and the land owner.

State owned/ traditional trust owned farm portions

The household structures that will be affected on state/ traditional trust owned farm portions, will form part of the resettlement process outlined in this document. The affected households will be duly compensated for any losses that will occur.

Summary of affected farm portions per owner

As can be seen in Figure 11, there are 77 farm portions directly affected by the proposed project. 29 of these farm portions are privately owned, 48 of these farm portion are owned either by the state or a traditional trust, these portions are mainly managed by the local traditional authorities

77 farm portions directly affected

48 State / traditional 29 privately owned trust owned farms portions affected farm portions affected

Figure 11: Affected farm portions

Summary of affected structures

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structures for the two households that are affected include 2 multifunctional residential structures as well as a toilet. There are three other structures affected and the households that own these structures will not be resettled as most of their homestead structures fall outside of the proposed servitude. These households will be compensated for the impacted structures, structures include a gate, cattle kraal and dog shelter.

1 gate 1 cattle Kraal 6 structures 2 multifunctional residential structures impacted 1 tiolet 1 dog shelter

2 Households located in Dinokana households Village to be resettled

Figure 12: Households to be resettled and structures affected

Other affected assets and infrastructure

Other assets and infrastructure affected by the proposed project includes, trees and water sources. One of the households that will be resettled has a peach tree as well as a water source in the homestead/ yard that will be affected. Another household has a water source that will be affected.

2 water sources affected

1 peach tree affected

Figure 13: Other affected assets and infrastructure

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Conclusion

What was confirmed through the survey process is the confirmation that there are no graves affected by the proposed project. The area that will be affected by the proposed project is mostly used for grazing.

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6 Compensation Framework

The RPF Compensation Framework specifies all forms of asset ownership or use rights among the population affected by the project and the project’s strategy for compensating them for the partial or complete loss of those assets. The Compensation Framework includes a description of the following: • The methodology that BPC and Eskom will use to value losses; • The proposed types and levels of compensation to be paid; • Compensation and assistance eligibility criteria; and • How and when compensation will be paid.

A guiding principle is that compensation of assets and infrastructures lost to the project should be informed by appropriate consultation and engagement with representatives of the affected communities through a Resettlement Task Team (RTT) to assess the adequacy and acceptability of the proposed compensation. Such consultation is especially important where market values for assets are not well established (property markets in emerging economies) or intangible (social or cultural values that are not readily monetised).

After acceptable compensation rates are established, they can be applied to the RPF inventory of losses for all households and enterprises affected by the project. This database can then be used to budget compensation payments and to track progress in settling compensation claims.

BPC and Eskom should establish a method for delivering compensation (either cash payments or in- kind allocations, as in the case of land-for-land compensation). In most cases, BPC and Eskom will be advised to collaborate with local government authorities in the distribution of compensation payments. Those eligible for compensation should be given advance notice of the date, time, and place of payments via public announcement. Receipts should be signed by all those receiving compensation payments and retained for auditing purposes.

The payment of compensation should be monitored and verified by representatives of BPC and Eskom as well as representatives of the affected communities, through the RTT. It may be appropriate for BPC and Eskom to engage the services of a registered auditing firm to monitor compensation payments.

6.1 Impact scenarios

Impact scenarios have been defined to denote the manner in which different types of assets may be affected by the project, depending on their physical location relative to the land-take areas defined in Section 3 below. These impact scenarios are graphically illustrated in Figure 14 below. The figure also indicates which impact scenarios are applicable to which asset types.

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Applicable to asset types:

1 2.1 2.2 3.1 3.2 4.1 4.2 4.3 4.4 5.1 5.2 5.3 5.4 5.5

Homestead plot Homestead structure ownedIndividually fields soccer and grazing ownedIndividually fruit trees land Communal without trading Informal stalls structure owned Individually Communally owned plots agricultural plots agricultural Communally owned owned Individually fences, trees soccer fences, fields & Communally owned Communally owned fruit use identified Graves routes Access Tenants

Impact scenario:

Scenario A: Asset partially within temporary land A X X X X X X X X X X take area (TLTA), partially outside

Scenario B: Asset completely within TLTA B X X X X X X X X X X X X X X

Scenario C: Asset partially within permanent land C X X X X X X X X X X take area (PLTA), partially outside

Scenario D: Asset partially within PLTA, partially D X X X X X X X X X X within TLTA

Scenario E: Asset completely within PLTA E X X X X X X X X X X X X X X

Scenario F: Asset partially within PLTA, partially F X X X X X X X within TLTA, partially outside (on one side only)

Scenario G:

Asset bisected by land take areaa G X X X X X X X

Surface Surface footprint

Scenario H: infrastructure infrastructure

Asset partially within surface X X X X X X X X X X land take land take land take land take H infrastructure footprint

Scenario I:

Asset completely within surface I X X X X X X X X X X X X X X

Temporary Temporary area area infrastructure footprint Permanent

Figure 14: Impact Scenarios (IFC Handbook) 6.2 Compensation matrix

The compensation matrix presented in Table 31 below defines, for each asset type and applicable impact scenario, the beneficiary of compensation and the type of compensation for which he/ she will be eligible. In addition, BPC and Eskom should ensure that eligibility criteria for relocation and cost recovery are not disadvantageous to women, whose incomes tend to be lower and less stable than those of men. Eligibility for relocation and the allocation of new sites should be made to the head of the household, male or female. Land titles, use-right agreements, or loan titles should, if possible, be registered in the name of husband and wife or in the name of the woman if she is the head of household.

One general compensation principle not captured in the matrix is the fact that assets (agricultural plots, structures, graves, etc.) established after the cut-off date stipulated through declaration of the moratorium will not be eligible for any compensation. The cut-off date must be established for this project in the RAP compilation phase.

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Table 31: Compensation matrix Party to be Asset type Impact scenario Description of compensation compensated 1 Homestead A, C, F, H Homestead head If less than 20% of homestead plot surface area is in a land-take area: plots (homestead plot • Cash compensation equal to replacement value25 of lost area. partially in a land- take area) If more than 20% of homestead plot surface area is in a land-take area, and sufficient land adjacent to the homestead plot is available: • Request traditional authority/ Communal Property Association (CPA) to allocate adjacent land, of equal area to the part of homestead plot that is in the land-take area, to the affected household head. • Replace any residential structure or outside toilet on the homestead plot if it is situated within a land-take area, as in 2.1 below. • Cash compensation at replacement value for any other structure on the homestead plot that is in a land-take area. • If the homestead plot is currently fenced: compensation as in 4.1 below. If more than 20% of homestead plot surface area is in a land-take area, and sufficient land adjacent to the homestead plot is not available: • Replacement of homestead plot, as for impact scenarios B, D, E, I below. Landowner Cash compensation equal to the replacement value of the additional/ replacement land allocated to the affected homestead head. (traditional authority or CPA) B, D, E, I Homestead head • Request traditional authority/ CPA to allocate a new stand, of equal area to the affected homestead plot, to the affected household head. (homestead plot • Replace any residential structure or outside toilet on the homestead plot, as in 2.1 below. completely in a land-take area) • Cash compensation at replacement value for any other structure on the homestead plot, as in 2.1 below. • If the homestead plot is currently fenced: compensation as in 4.1 below. Landowner As under impact scenarios A, C, F, H above. (traditional authority or CPA)

25 See List of Definitions.

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Party to be Asset type Impact scenario Description of compensation compensated G (asset bisected Homestead head If main residential structure is located in the land-take area: by land-take area) • Replace as in 2.1 below. If main residential structure and outbuildings are located on the unaffected part of the homestead plot, on the same side of land-take area: • Replace the part of the homestead plot in the land-take area, as well as the remainder on the other side of the land-take area, as for impact scenarios A, C, F, H above. • Acquisition of replacement land as in impact scenarios A, C, F, H above. Replacement land must be on the same side of the land-take area as the main residential structure. If main residential structure is located in the unaffected part of the homestead plot on one side of the land-take area and outbuildings are located on the other side of land-take area: • Replace the part of the homestead plot in the land-take area, as well as the remainder on the other side of the land-take area, as for impact scenarios A, C, F, H above. • Replace outside toilet on the same side of the land-take area as the main residential structure, at a suitable distance from the residential structure. Guidelines for replacement structure provided under 2.2 below. 2.1 Individually A-E, H, I (structure Owner of structure For residential structures: owned partially or (household head) • Replace the structure by building a suitable structure with size and quality similar to or better than the original. structures completely in a land-take area) • Design and location of replacement structure must be decided in consultation with the affected owner and tribal authority/ CPA. • Owner will be allowed to salvage reusable materials with no deduction from their compensation entitlements. • If structure is situated on a homestead plot, replacement structure must be on the same plot (if impact scenario A, C, F, G or H under asset type 1 above applies) or on replacement plot (if impact scenario B, D, E or I under asset type 1 above applies) For outside toilets: • Replace with VIP latrine, at a suitable location decided in consultation with the owner and takes into account environmental health and safety constraints. For other structures: • Cash compensation to the owner at replacement value.26

26 See List of Definitions.

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Party to be Asset type Impact scenario Description of compensation compensated 2.2 Communally A-E, H, I (structure Owner of structure As for individually owned structures. owned partially or (government structures completely in a department, land-take area) traditional authority or CPA) 3.1 Individually A, C, F, G, H Person farming the For standing crops at the time construction commences: owned (agricultural plot plot, whether • Cash compensation at net value of standing crops in the land-take area at the time construction commences, where harvesting prior to agricultural partially in a landowner-cultivator, construction is not possible. plots take area) lessee, customary usufruct rights • If more than 80% of the agricultural plot is in a land-take area, cash compensation for crops must be paid for the entire cultivated area on the holder or plot (not just the part in the land-take area). sharecropper • If the land in question was cultivated according to a sharecropping arrangement at the time of acquisition, compensation for crop losses to be apportioned according to the arrangement. • Affected persons to receive advance notice to harvest crops, if applicable. For preparation of agricultural plot: • Cash compensation equal to the cost of initial establishment of the agricultural plot (land clearing, etc.). • Cash compensation equal to the input cost expended on the plot during the current cultivating season (seed, fertiliser, etc.). • If more than 80% of the agricultural plot is in a land-take area, compensation must be paid for the entire plot (not just the part in the land-take area). For land, irrespective of whether standing crops are present at the time of acquisition: • If less than 20% of agricultural plot surface area is in a land-take area, cash compensation equal to mature value of crops that would otherwise have been planted on the affected area of the plot. • If more than 20% of agricultural plot surface area is in a land-take area, and sufficient land adjacent to the plot is available, request traditional authority/ CPA to allocate adjacent land, of equal area to the part of agricultural plot that is in the land-take area, to the person farming the plot. If the plot is currently fenced: compensation as in 4.1 below. • If more than 20% of agricultural plot surface area is in a land-take area, and sufficient land adjacent to the plot is not available, replacement of agricultural plot, as for Impact Scenarios B, D, E, I below. Landowner Cash compensation equal to the replacement value of the additional/ replacement land allocated to the person farming the plot. (traditional authority or CPA)

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Party to be Asset type Impact scenario Description of compensation compensated B, D, E, I Person farming the For standing crops at the time construction commences, as well as for preparation of agricultural plot: (agricultural plot plot • Compensation as under impact scenarios A, C, F, G, H above. completely in a land-take area) For land, irrespective of whether standing crops are present at the time of acquisition: • Request traditional authority/ CPA to allocate a new plot, of equal area to the affected agricultural plot, to the person farming the plot. • If the agricultural plot is currently fenced: compensation as in 4.1 below. Landowner Cash compensation as under Impact Scenario A, C, F, G, H above. (traditional authority or CPA) 3.2 Communally All scenarios Landowner As for 3.1 above, except that cash compensation to be paid to landowner, with the request that this be equitably distributed among persons using the owned (traditional authority communal plots. agricultural or CPA) plots 4.1.1 Individually All scenarios Owner • If fence is around an affected homestead plot for which adjacent land has been allocated to replace affected portion (impact scenarios A, C, F, H owned under asset type 1 above), cash compensation sufficient to fence new perimeter of plot to equal or better quality than existing fence. fences • If fence is around a homestead plot that has been replaced in its entirety (impact scenarios B, D, E, I under asset type 1 above), cash (Type of compensation sufficient to fence the new stand to equal or better quality than fencing of existing stand. fence to be considered) • If fence is around an affected agricultural plot for which adjacent land has been allocated to replace affected portion (impact scenarios A, C, F, G, H under 3.1 above), cash compensation sufficient to fence new perimeter of plot to equal or better quality than existing fence. • If fence is around a homestead plot that has been replaced in its entirety (impact scenarios B, D, E, I under 3.1 above), cash compensation sufficient to fence the new plot to equal or better quality than fencing of existing plot. • For fences not enclosing an affected privately-owned plot: cash compensation sufficient to replace the section of the fence in the land-take area, taking into account possible need for re-alignment of the fence to maintain its original purpose. • Any gates in an affected fence are to be replaced to a similar or better quality, their placement being determined by relevant access considerations.

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Party to be Asset type Impact scenario Description of compensation compensated 4.1.3 Individually All scenarios Owner Compensation as for 4.1.2 (soccer fields) above, with the following modifications/ additions: owned • Separate inconvenience allowance/ compensation rates are to be negotiated for soccer fields and grazing land. grazing land • Post-construction rehabilitation of land-take area to enable resumed use of area as grazing land. • Compensation rates for temporary losses must take into account time required for re-establishment of nutritious grass/ vegetation types. • If the transmission line will cut cattle off from access to watering points, temporary watering points must be established at location(s) accessible to cattle for the duration of construction. • If the grazing land is fenced: compensation as in 4.1 above. 4.2 Individually All relevant Landowner; other Fruit trees utilised mainly for own consumption: owned scenarios (B, E, I) evidence of • Compensation for future production losses at net present value, calculated for productive life of relevant tree species. perennial ownership if crops different from • Owner will have rights to salvage all other resources (timber; firewood) from privately-owned trees that are felled. landowner Trees for income: • Compensation for future production losses at net present value, calculated for the productive life of the various tree species. • Owners wishing to replace lost trees will have to secure suitable replacement land from the landowner; they will be assisted to access seedlings and planting guidance. 4.3 Communally All scenarios Landowner As for 4.1 above, except that cash compensation to be paid to landowner, with the request (where relevant) that this be equitably distributed among owned (traditional authority users of affected fences/ soccer fields/ grazing land. fences, or CPA) soccer fields & grazing land 4.4 Communally All relevant Landowner As for 4.2 above, except that cash compensation to be paid to landowner, with the request (where relevant) that this be equitably distributed among owned scenarios (B, E, I) (traditional authority user groups. perennial or CPA) crops 5.1 Communal A, B (land only in Landowner No compensation, given temporary nature of impact. land without TR) (traditional authority identified or CPA) use C-I (land partially or Landowner Cash compensation equal to the replacement value of the area of land in the PR or surface infrastructure footprint. completely in PR or (traditional authority SI footprint) or CPA)

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Party to be Asset type Impact scenario Description of compensation compensated 5.2 Graves All relevant Affected family Affected graves to be identified and confirmed in conjunction with the affected communities and families. Still-born burial sites, where identified apart scenarios (B, E, I) from graves, will be treated the same as family graves.

Payment of: • Exhumation and reburial of affected family graves with all due ritual and ceremony at the agreed location (symbolic/ spiritual removal with all due ritual and ceremony, where relevant). • Wake allowance (one allowance per family, not one per grave). 5.3 Access A-G (affected by TR Local community or Maintenance of access during construction through: routes or PR) user groups • Provision of temporary crossing points across TR. • Where temporary crossing points are not feasible, establishment of alternative access routes as for impact scenarios H, I below. • Provision of watering points for animals where access to watering points is impeded, as under 4.1.3 above. H, I (affected by SI Local community or Establishment of alternative access routes through: footprint) user groups • Where feasible, improvement/ upgrading of existing alternative routes similar or better quality and capacity to those lost; or • Construction of new access roads/ paths to similar or better quality and capacity to those lost. 5.4 Informal All relevant Informal traders • Assistance in moving operations to suitable location outside TR. trading scenarios (B, E, I) owning stalls • No compensation for loss of stalls. stalls • If possible, traders will be allowed to return to original sites once construction is complete. 5.5 Tenants All relevant Tenant • Where tenant has constructed own housing/ structure on land rented from another person, compensation for loss of structure as under 2.1 above. scenarios (A-E, H, I) • Where tenant rents accommodation in a structure belonging to another person, rental allowance equal to one month’s rent paid by the tenant for current accommodation. • However: tenants who voluntarily vacate rented accommodation more than two months prior to implementation of physical relocation programme will not qualify for a rental allowance.

Adapted from an Entitlement Matrix out of the IFC Handbook for Preparing a Resettlement Action Plan, 2002

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6.3 Responsibility and schedule for compensation payments

The RPF Compensation Framework specifies the organisation or agency responsible for delivering compensation to all groups eligible for resettlement assistance and a timetable for the delivery of compensation. People affected by a project may have multiple compensations.

The Resettlement Implementation Team should establish a timetable for the payment of compensation and delivery of related entitlements to each category of eligible people. It may be advisable for compensation payments to be staggered or paid out in instalments to allow affected people to establish themselves at the new site (to prepare farm plots etc.). The staggering of compensation payments enables the Resettlement Implementation Team to determine if payments are being used for their intended purpose and, if not, to adjust the Compensation Framework accordingly. A compensation timetable can be incorporated into the overall schedule of RPF implementation timetable’s deadlines and can serve as implementation milestones for the purposes of RPF implementation monitoring.

6.4 Compensation entitlements

Compensation must include all relevant registration cost or any administrative fees and/or transfer taxes (as may be necessary) associated with relocation. Relocation costs/ transport should also be made available for those who do not have formal legal title. All categories of affected people should be provided with relocation costs.

6.4.1 Land acquisition and key likely categories of impact

The project is not expected to result in major impacts on people, land, property, including people’s access to natural and other economic resources. Notwithstanding, land acquisition, compensation and resettlement of people may be necessary for the Botswana and South African component of the project. The severity of impact, determines what the resettlement measures will be. For example, in the installation of transmission line or building structures, the impact would be linear. The entitlement matrix presented below is so designed to assist in the process of determining severity of impacts.

Table 32: Entitlement matrix

Eligibility Nature of impact Resettlement measure

Construction of new Plot/ land for infrastructure, Replace land and/or pay transmission line and linear impact compensation; Compensate for associated infrastructure other assets

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Auxiliary infrastructure required Plot/ land for infrastructure Replace land and/or pay as part of the project compensation; Compensate for other assets

6.4.2 People without formal rights

In compliance with IFC Performance Standard 5, the census should take into account: • Category 1 - People who have formal legal rights to the land they occupy; • Category 2 – People who do not have formal rights to the land but who have a claim to land that is recognised under the national law; • Category 3 – Those who have no recognisable legal rights or claim to the land they occupy, and are not recognised by the law.

Assistance should be provided to Category 2 PAPs to acquire a formal legal status before relocation. For Category 3 PAPs, in case of physical displacement, some form of social housing must be provided.

6.4.3 Addressing human rights

One of the most difficult issues encountered on resettlement projects is the requirement to compensate and/ or assist bona fide informal residents/ occupants of properties. The right to adequate housing and improvement of living conditions is specifically required under IFC Performance Standard 5, which is consistent with the principles of the Universal Declaration of Human Rights (1948) and the International Covenant on Economic, Social and Cultural Rights (1966). If affected people are evicted without any assistance or relocation solutions, their fundamental right to housing, as defined by the UN Declaration of Human Rights will be violated. For that reason, in such instances, as contemplated under the IFC Performance Standard 5, it is necessary to provide alternative solutions for the accommodation of affected people living in them. It is important to note that this does not imply the need to provide affected people with ownership of apartments or houses, which is sometimes the way it is interpreted. It is rather to provide them with adequate accommodation, with security of tenure so that they are safe from future evictions.

The IFC Performance Standard 5 stipulates that adequate housing or shelter can be measured by quality, safety, affordability, habitability, cultural appropriateness, accessibility, and location characteristics. Adequate housing should allow access to employment options, markets, and basic infrastructure and services, such as water, electricity, sanitation, health-care and education. The most appropriate and effective way of defining what adequate housing means is to consult project affected people.

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6.4.4 Vulnerable groups

The IFC include special requirements for organising consultations and relocation assistance for vulnerable27 groups. During the census, it is necessary to identify vulnerable groups and assess their needs related to resettlement and relocation assistance. Vulnerable groups, as for all other affected people, must be engaged in meaningful consultations regarding resettlement options and assistance. However, consultation with vulnerable groups may require a special approach that will enable them to participate equally in the process (i.e. involvement of social workers, use of a different language, or carrying out the consultations in an accessible venue, for people with disabilities, at a particular time of day when e.g. affected single parents are available, etc.)

All vulnerable citizens have the right to once-off financial payments if they find themselves in a situation of sudden and temporary need, administered through assistance of RTT and to be determined by BPC and Eskom at its own discretions. Vulnerable citizens also receive social welfare in the form of financial assistance or social services.

The South African Department of Social Development has a set of laws under which vulnerable groups can be assisted to improve their living standards (social grants, etc.) and these laws should be used as a basis for developing resettlement programmes for vulnerable groups. Once vulnerable groups are identified during the census, a needs assessment must be performed to be able to define the most appropriate measures for providing resettlement assistance.

6.4.5 Equal rights

Men and women have equal rights in Botswana and South Africa, including formal legal rights over properties. This RPF will ensure that compensation is shared between spouses according to title documentation or the appropriate Family Law. In addition, all programmes including those related to livelihoods restoration will be made equally accessible to both men and women.

27 Children, pregnant women, elderly people, malnourished people, and people who are ill or immunocompromised, are particularly vulnerable when a disaster strikes, and take a relatively high share of the disease burden associated with emergencies.

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7 Resettlement assistance and livelihood

Resettlement assistance and livelihood development, sustenance and restoration programmes are included in resettlement planning when affected households stand to lose a significant portion of their livelihood resources (e.g. subsistence agricultural plots, access to important natural resources, etc.) as a result of land acquisition or resettlement. Such programmes are intended to offset the effects of those losses that cannot adequately be compensated for through monetary payments or replacement of assets – e.g. the disruption of social support networks, reduced access to markets, decreased soil productivity, the time required to reinstate agricultural plots to their former productivity, etc. – so as to ensure that resettled/ compensated households are not worse off after the project than they were before. Livelihood restoration is particularly important where a project affects the livelihoods of vulnerable households (i.e. households who, because of their social or economic status, may be more adversely affected than others by a temporary or permanent loss of part of their asset base).

The detailed socio-economic information obtained and discussed in Chapter 1 indicates the vulnerability of affected households. The assessment points to the low levels of education, low skills, and high unemployment among the members of households as well as competing needs. However, wherever possible, BPC and Eskom should avoid or minimise the displacement of people by exploring alternative project designs (for example, realignment of the transmission line to bypass human settlements). Where displacement is unavoidable, BPC and Eskom should plan and execute resettlement as a development initiative that provides displaced persons with opportunities to participate in planning and implementing resettlement activities as well as to restore and improve their livelihoods. The IFC recommends that project sponsors undertake the following actions on behalf of all affected people, including members of the host communities in which displaced people will be settled: • Inform affected people of their options and rights concerning resettlement. • Provide technically and economically feasible options for resettlement based on consultation with affected people and assessment of resettlement alternatives. • Whether physical relocation is required or not, provide affected people with prompt and effective compensation at full replacement value for loss of assets due to project activities. • Where physical relocation is necessary, provide assistance with relocation expenses (moving allowances, transportation, special assistance and health care for vulnerable groups). • Where physical relocation is necessary, provide temporary housing, permanent housing sites, and resources (in cash or in kind) for the construction of permanent housing—inclusive of all

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fees, taxes, customary tributes, and utility hook-up charges—or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors are at least equivalent to the advantages of the old site. • Provide affected people with transitional financial support (such as short-term employment, subsistence support, or salary maintenance). • Where necessary, provide affected people with development assistance in addition to compensation for lost assets described above such as land preparation, agricultural inputs, and credit facilities and for training and employment opportunities.

BPC and Eskom are expected to undertake all land acquisition, provide compensation for lost assets, and initiate resettlement related to a specific project before that project commences. It is recommended that the implementation of resettlement activities be linked to the schedule of disbursements for project financing. In so doing, this will ensure that displacement does not occur before the sponsor has carried out the necessary measures for the resettlement of the affected people. In particular, the acquisition of land and other assets should not take place until compensation is paid and, where applicable, resettlement sites and moving allowances are provided to displaced persons.

As noted in the discussion of the compensation framework, BPC and Eskom must be sensitive to the special needs of women and other vulnerable groups in the planning and implementation of resettlement and livelihood restoration. Men and women have different needs and opportunities for access to land, resources, employment, and markets.

7.1 Socio-economic assessment indicators

During the household survey, the issue regarding creation of employment opportunities was most frequently mentioned in the area. There is a widespread high expectation BPC and Eskom should provide employment opportunities to the residents in the local area. Construction activities on the proposed line between Isang and Mahikeng substations will create a number of temporary employment opportunities. The magnitude of this impact is related to the number of construction workers to be employed, either by BPC and Eskom itself or by contractors. It is recommended that local labour must be used as much as possible.

Sourcing of construction workers from the local labour pool is likely to be limited to unskilled and semi- skilled workers. This could have some economic benefits for surrounding communities, although only of a temporary nature. It is recommended that recruitment for new positions be undertaken through the Employment Forum that has been established by the local municipality.

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construction workers. Additionally, more informal employment opportunities may be created through a multiplier effect from the project’s activities.

7.2 Livelihood development and sustenance

Based on the socio-economic assessment, the following livelihood development initiatives are recommended to be considered during RPF implementation: • Make use of local labour as far as possible; • Liaise with local community structures to identify local labour pool; • Include conditions in construction contract to involve and train emerging BEE companies; • Proactively manage that recruitment is conducted via the employment forum and not within the project area; • Enlist services of appropriate experts for development of an appropriate livelihood Improvement and Sustenance Plan; • Enhance existing livelihoods as far as possible; • Develop Skills Transfer Plans that would enable a worker to move from one project to another within the same area/ region; • Implement methods to create HIV and STI awareness amongst construction workers; • Facilitate the establishment of a “Community Safety Committee” to monitor and control illegal squatting. The committee must consist of: o Representatives of the community relations departments of BPC and Eskom and its counterparts in the area; o The local municipality; o Farmers Associations; o Local landowners; o Representatives of local community structures; and o Local police and the Community Policing Forum. • Align social investment strategies with municipal development; • BPC and Eskom employees who receive living-out allowances should be required to provide proof that this allowance is used for formal accommodation; • Additional security must be provided during this period by the contractors, which should be integrated with existing farm /community security systems; and • Align awareness campaigns with those of other organisations in the area (i.e. the Local Municipality, Farmers etc.)

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7.2.1 Resettlement assistance

The RPF Implementation Team in conjunction with RTT must design appropriate targeted resettlement assistance measures to ensure that the vulnerable groups are catered for during the resettlement process. There are a number of vulnerable groups deserving special attention during the resettlement process. These include: • Female-headed households; • Pregnant and lactating women; • Mentally and physically challenged (including amputees); • Orphans; • Infirm; and • Elderly.

7.2.2 Community-based resettlement assistance

The provision of basic services within areas of resettlement should be prioritised as far possible. This must include access to primary health care and referral systems, potable water, sanitation facilities and education. The RTT, with the support of the relevant operational agencies, will assess the current basic services operating within resettlement areas. Critical gaps must then be identified and drawn-up into a prioritised listing of interventions. Efforts should be made to restore basic service coverage within a reasonable timeframe, to avoid further dislocation of the resettling population. Information gathered on the status of basic services will be entered into a management information system to support targeting and monitoring.

7.2.3 Transportation of registered PAPs

All registered PAPs must be provided with transport assistance to move to their area of resettlement. Transport registration will be undertaken by the transport management agency with support from RTT. Medical checks must be carried out prior to transportation to ensure that all passengers are medically fit to travel. The chronically ill, pregnant women about to deliver and any passenger whose health may be jeopardised by the journey will be given specialised care. RTT will coordinate logistics plan.

7.2.4 Information and sensitisation

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• Procedures for the phasing-down of affected informal settlements as presented in the Resettlement Strategy; and • Entitlements and support services provided within the resettlement programme procedures and designated areas for accessing entitlements.

The information campaign is the responsibility of BPC and Eskom, who must work closely with the RTT. The campaign will make use of existing information dissemination and consultation mechanisms within the local municipality and the wider communities, making use of indigenous information networks at the appropriate-level for supporting resettlement. The use of other media, such as radio, will also be employed.

7.3 Recommendations

It is recommended that the mitigation and optimisation measures included in the entire RPF be implemented to decrease the effect of negative impacts on communities and optimise the effect of positive impacts on communities. It will be important that local employment opportunities are maximised, local community is fully engaged in decision making processes, recommended mitigation measures are followed by other specialists and maximising opportunities for income creation for local people.

It is further recommended that labour should be sourced locally as far as possible during construction and operation of the project. This will minimise the risk of conflict among local residents and newcomers and better relationships for workers housed in temporary housing for construction workers.

Furthermore, new construction workers in the area must refrain from abusing resources and infrastructure of the existing adjacent communities. There should be closer cooperation between the affected municipalities, Farmers Associations in the area, BPC and Eskom in order to ensure that identified negative impacts are dealt with in a coordinated manner. This information should be conveyed to all relevant construction workers and affected communities.

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8 Budget

At this stage final values of assets and infrastructures to be lost to the project could not be determined, it is not possible to provide an estimated budget for the total costs of resettlement that may be associated with the implementation of the project. Therefore, activities for the resettlement will be funded like any other project activity eligible under the project.

Funds for implementing inventory assessments and resettlement action plans will be provided by the Project implementing agent (PIA) on behalf of BPC and Eskom. In general, the cost burden of compensation will be borne by the project sponsor through the implementing agency for resettlement implementation appointed by BPC and Eskom.

The detailed budget must be developed by BPC and Eskom once the valuation of the project affected properties has been undertaken. The RAP budget should be linked with a detailed implementation schedule for all key resettlement and rehabilitation activities

8.1 Cost Estimate (Order of Magnitude)

Early in the development of a project, alternatives need to be considered and an order of magnitude cost will be required for each viable project alternatives. The project cost estimate is one of the many important factors in the selection of the appropriate and feasible project alternatives. The cost estimate is a necessary piece of the alternatives analysis portion during the scoping phase of the project and It is also used to evaluate the cost-effectiveness of alternatives. Ultimately, the cost estimate will also be used to provide credible, reliable and accurate cost estimate of the project and of the future funding needs of the project.

In determining the overall cost of resettlement and land acquisition, it will be important to enlist services of professional valuers and surveyors and architects. A valuer will be responsible to provide an estimated value of all assets and infrastructures to be affected by the project. The surveyor will provide measurements and record of all assets and infrastructures affected by the project. Should it be required that replacement of houses be built for PAPs, architects will design new houses for affected households and also supervise their construction. These professionals will work very closely with the RAP Implementation Team.

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9 Implementation schedule

It is commonly understood that the involuntary displacement of people may give rise to severe economic, social, and emotional distress on the part of those who are relocated. There is no specific legislation in South Africa and Botswana that addresses resettlement per se but some aspects that have a bearing on resettlement are covered by more general legislative instruments. These instruments must be considered to limit adverse effects where resettlement is necessary. These instruments should be utilised in conjunction with this Policy, IFC and World Bank Policy.

The purpose of these guidelines is to lay the foundation by which resettlement can be carried out with regard to the project. Any involuntary resettlement, including any land acquisition needs to be identified and considered at the earliest stages of project design, and should be addressed from the earliest stages of project preparation. It is assumed that land acquisition and resettlement will be necessary and to this end the policies highlighted in this RPF should be followed. For Botswana and South Africa, the legislation identified in Section 4 as well as the World Bank policy will be utilised.

The resettlement implementation schedule should be synchronized with the overall project implementation schedule. Below is an example of an implementation schedule.

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Tasks Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9

Adapted from an Implementation Schedule, out of the IFC Handbook for Preparing a Resettlement Action Plan, 2002

9.1 Resettlement responsibilities

A resettlement specialist must be appointed by the project sponsor before the project construction phase commences, who will be responsible for ensuring that the Resettlement Policy Framework (RPF) is implemented for the project involving land acquisition, impact on assets, and/or loss of income. The RPF will establish dispute resolutions to be used for each sub-project. Resettlement specialist will ensure project affected persons are meaningfully consulted and are given an opportunity to participate in and benefit from project activities.

9.2 Resettlement principles

In the resettlement of any person or business, the World Bank policies will be followed as well as the RPF principles and principles as set out in relevant South African and Botswanan legislation.

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9.3 Timeframes

The following key timeframes shall apply unless otherwise agreed between the executing agency and resettlement specialist, the RTT and the PAPs; provided however, that no agreement to waive the timeframes shall adversely affect the rights or interests of PAPs, under this framework: • The inventory shall be completed at most four months prior to the commencement of work; and • Civil works shall commence once agreements between all parties have been reached.

Comprehensive time frames shall be drawn up and agreed upon by all parties including the PAPs. Compensation payments for acquired land and affected assets and resettlement of households as described above, must be completed as a condition for the taking away of land and before commencement of the civil works under the project.

Adequate time and attention shall be allowed for consultation of both the displaced and host communities before bringing in the “newcomers”. The actual length of time will depend on the extent of the resettlement and compensation and will have to be agreed upon by all parties.

9.4 Linking resettlement implementation to civil works

PAPs will need to be compensated, in accordance with this RPF and subsequent compensation framework, before work on the project can begin.

For activities involving land acquisition or loss, denial or restriction to access of resources, it is required that provisions be made for compensation and for other assistance required for relocation, prior to displacement. The assistance that BPC and Eskom needs to provide includes provision and preparation of resettlement sites with adequate facilities.

In particular, land and related assets may be taken away only after compensation has been paid and resettlement sites and moving allowances have been provided to PAPs. For project activities requiring relocation or resulting in loss of shelter, the resettlement policy further requires that measures to assist the project affected persons are implemented in accordance with the individual RPF. In the implementation schedule of the RPF, details on resettlement and compensation must be provided. The schedule for the implementation of activities, as agreed between the project planning teams and PAPs must include: • Target dates for start and completion of civil works, • Timetables for transfers of completed civil works to PAPs, dates of possession of land that PAPs are using (this date must be after transfer date for completed civil works to PAPs and for payments of all compensation) and; • The link between RPF activities to the implementation of the overall project.

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When approving recommendations for resettlement during screening, PAPs must confirm that the resettlement plans contain acceptable measures that link resettlement activity to civil works, in compliance with this policy. Proper timing and coordination of the civil works shall ensure that no affected persons will be displaced (economically or physically) due to civil works activity, before compensation is paid and before any project activity can begin.

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10 Description of organisational responsibilities

The entities that will play significant roles in the resettlement process include the Programme Manager, Resettlement Implementation Team and a Resettlement Task Team (RTT), local authorities (statutory and customary), as well as BPC and Eskom. This chapter sets out the relationship between these various entities, as well as the roles and responsibilities of each.

A RTT will be established by the resettlement implementation team, as part of the resettlement planning process and will be responsible for planning and coordinating resettlement activities. The RTT will include representatives of resettlement-affected households, local authorities (statutory and customary), RPF implementation team as well as BPC and Eskom. The RPF implementation team will be made up of representatives from BPC and Eskom as well as appointed resettlement specialist. The RTT will be a two-level structure comprising a set of local RTTs and an umbrella RTT made up of representatives from local RTTs.

10.1 Programme manager

The Resettlement Implementation Programme Manager (PM) has overall responsibility for achievement of resettlement goals. The PM is responsible for receiving regular reports on resettlement implementation progress, including reasons for any delays or variation from the RPF, as well as proposed corrective actions. The PM will provide status reports to BPC and Eskom management, lenders, and stakeholders, as required. The PM may commission input advice from specialist advisors as required.

10.2 Resettlement team coordinator

The Resettlement Team Coordinator (RTC) reports to the PM and has day-to-day responsibility for the development and on-going stewardship of the RPF. The RTC will coordinate all resettlement implementation activities and will work closely with RPF implementation team (including the monitoring and evaluation). The RTC may also serve on the Grievance Panel.

10.3 Resettlement advisor

The RAP will be reviewed by an expert advisor who will provide high-level input and guidance prior to documents being endorsed for distribution and implementation.

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10.4 Local-level resettlement task teams

The RTT will be the main mechanism for engaging the resettlement-affected persons and communities28. The members of the resettlement-affected communities, who will be nominated to sit on the local-level RTTs, will have the following responsibilities: • Ensuring the concerns and viewpoints of affected persons and households regarding resettlement and compensation measures are accurately represented on and disclosed to the RTT; • Participating in negotiations and planning with regards to compensation and resettlement measures; • Accurately indicating the agreement or disagreement with proposed compensation and resettlement measures and, in case of the latter, proposing viable alternatives; • Accurately and regularly providing feedback to the broader community – and particularly to other resettlement-affected households – on resettlement/ compensation negotiations and the resettlement/ compensation process in general; • Nominating members of their group to represent them at meetings of the relevant umbrella RTT, and providing feedback to the local-level RTT and resettlement-affected persons/ communities in general of activities and decisions at the umbrella RTT; and • Providing a channel of communication between the resettlement implementation team and the resettlement-affected community during the implementation of resettlement and compensation – e.g. by helping to ensure that the RTT is notified of grievances or disputes, that feedback is provided to the relevant parties on steps taken to resolve such grievances or disputes, etc.

10.4.1 Representative of local municipality

The responsibilities of members of the relevant local municipalities who will be nominated to sit on the local-level RTTs will include: • Ensuring the concerns and viewpoints of the local municipality regarding resettlement and compensation measures are accurately represented on and disclosed to the RTT; • Ensuring the municipal development plans, policies and by-laws are taken into account during the design, planning and implementation of resettlement and compensation measures; • Accurately and regularly providing feedback to the municipality on resettlement/ compensation negotiations and the resettlement/ compensation process in general; and • Nominating a representative to participate in meetings of the relevant umbrella RTT, and providing feedback to their colleagues of activities and decisions at the umbrella RTT.

28 A resettlement-affected person is defined as any individual or household who will need to be relocated or will have one or more of his/her assets displaced or otherwise affected by the construction or operation of the BOSA Project. (International Finance Corporation (IFC) Performance Standard 5 on Land Acquisition and Involuntary Resettlement)

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10.4.2 Representatives of traditional authorities or Communal Property Associations

The responsibilities of members of the traditional authorities (TAs) and/or communal property associations (CPAs) who have been nominated to sit on the local-level RTTs include: • Ensuring the concerns and viewpoints of the TA or CPA regarding resettlement and compensation measures are accurately represented on and disclosed to the RTT; • In cases where resources or actions by the TA or CPA are required as part of resettlement or compensation planning or implementation (e.g. where land within its area of jurisdiction has to be allocated to affected households to replace land lost to the project), ensuring that the relevant parties are informed and the required actions taken in a timeous manner; • Ensuring that representatives of the resettlement-affected community who are members of the RTT provide accurate and regular feedback the broader community on RTT actions and decisions, and providing assistance in this regard where necessary; and • Nominating a representative to participate in meetings of the relevant umbrella RTT, and providing feedback to the TA or CPA of activities and decisions at the umbrella RTT.

10.4.3 Resettlement Implementation Team

The resettlement implementation team comprise of BPC and Eskom representatives, the RTC, as well as appointed resettlement implementation specialist and will have the following key responsibilities: • Chair all local-level RTT meetings; • Provide secretarial services which include among others: taking minutes and formally distributing these minutes to all stakeholders; • In consultation with RTT members, determine the dates, times and locations of future RTT meetings, and distribute an agenda for each meeting to RTT members; • Consider the prepared compensation framework outlining proposed resettlement and compensation measures, and present this to the RTT in such a manner that all members understand its contents and implications; • Recording recommendations of the local-level RTT with regards to proposed changes to the Compensation Framework and/ or other matters related to resettlement or compensation; • In cases where the local-level RTT is unable to reach consensus regarding its recommendations, and some members have a well-motivated alternative recommendation, formally recording these alternative viewpoints as “minority reports”; • Where relevant, advising on the feasibility and sustainability of RTT recommendations; • Providing feedback to the BPC and Eskom and the engineering teams on the deliberations of the RTT, particularly where these may affect broader project planning and implementation;

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• Coordinating and monitoring field-level implementation of resettlement and compensation activities; and • Ensuring the grievances or disputes lodged with the RTT are dealt with appropriately and timeously by the relevant parties, and that feedback on steps taken to address these grievances or disputes are given to the aggrieved parties.

10.4.4 BPC and Eskom representatives

The responsibilities of the representatives of BPC and Eskom on the RTT include: • Ensuring that the land acquisition process being undertaken by BPC and Eskom is adequately considered during the deliberations of the RTT and during the design and planning of resettlement and compensation measures; • Assisting the resettlement implementation team in providing feedback to BPC and Eskom engineering teams on the deliberations of the RTT, particularly where these may affect broader project planning and implementation; and • Assisting the resettlement implementation team in ensuring the grievances or disputes lodged with the RTT are dealt with appropriately and timeously by the relevant parties.

10.5 Members of umbrella RTTs 10.5.1 Community representatives of constituent local-level RTTs

The responsibilities of members of the resettlement-affected communities who have been nominated to sit on the local-level RTTs include: • Presenting the views and recommendations of the local-level RTTs they represent to the umbrella RTT; • Considering the recommendations and viewpoints raised by representatives of other local-level RTTs, and cooperating with them in view of formulating consensual recommendations that will be recorded as such by the secretariat; • Where it is not possible for representatives of all local-level RTTs to reach consensus, formulating alternative viewpoints in the form a “minority report” that will be recorded by the secretariat; • Providing feedback to the local-level RTTs regarding the deliberations and decisions of the umbrella RTT, particularly where these pertain to recommendations of the RTT (i.e. proposed modifications or amendments to the compensation framework that will be submitted to BPC and Eskom for consideration); • Once the formal recommendations of the umbrella RTT have been compiled and submitted to BPC and Eskom for consideration, and the compensation framework has been modified to

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reflect those recommendations accepted by BPC and Eskom, signing off on the final version of the compensation framework; and • Providing an ongoing channel of communication between different local-level RTTs regarding issues relevant to all of them.

10.5.2 Representatives of the local and district municipalities

The responsibilities of members of the relevant local and district municipalities who have been nominated to sit on the umbrella RTTs include: • Ensuring that views and recommendations raised by municipal representatives at the local-level RTTs are adequately communicated to the umbrella RTT; • Where more than one municipality is represented on the same umbrella RTT, ensuring coordination between municipalities in terms of resettlement- and compensation-related recommendations, planning, etc.; • Providing feedback to other municipal representatives at local-level RTTs regarding the deliberations and decisions of the umbrella RTT, particularly where these may affect municipal development planning and the like.

10.5.3 Representative of TAs or CPAs

The responsibilities of members of the traditional authorities (TAs) and/or communal property associations (CPAs) in relevant local municipalities who have been nominated to sit on the umbrella RTTs include: • Ensuring that views and recommendations raised by TA or CPA representatives at the local- level RTTs are adequately communicated to the umbrella RTT; • Where more than one TA or CPA is represented on the same umbrella RTT, ensuring coordination between them in terms of resettlement- and compensation-related recommendations, planning, etc.; • Providing feedback to other TA or CPA representatives at local-level RTTs regarding the deliberations and decisions of the umbrella RTT; and • Ensuring that representatives of the resettlement-affected community who are members of the umbrella RTT provide accurate and regular feedback the local-level RTT on the actions and decisions of the umbrella RTT.

10.6 Resettlement implementation team

The responsibilities of the resettlement implementation team include: • Chair all umbrella RTT meetings, take minutes and formally distribute these minutes; • In consultation with RTT members, determine the dates, times and locations of future umbrella RTT meetings, and distribute an agenda for each meeting to RTT members;

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• Collating inputs from representatives of the various local-level RTTs with regards to proposed changes to the Compensation Framework and/or other matters related to resettlement or compensation; • Where consensus can be reached between local-level RTTs regarding proposed changes to the Compensation Framework, recording these proposed changes as formal “recommendations of the RTT”; • Where the representatives of constituent local-level RTTs are unable to reach consensus regarding their recommendations, formally recording alternative viewpoints as “minority reports”; • Submitting recommendations of the RTT to BPC and Eskom for consideration regarding their potential inclusion in the final compensation framework; and • Revising the Compensation Framework to reflect those recommendations of the RTT that are accepted by BPC and Eskom, and presenting the final compensation framework to the RTT members.

10.6.1 BPC and Eskom representatives

The responsibilities of the representatives of BPC or Eskom on the RTT include: • Considering the formal recommendations of the RTT with regard to their potential inclusion in the compensation framework, taking into account the need for any modifications of the compensation framework to remain consistent with BPC and Eskom policies and project objectives; and • Where recommendations of the RTT are considered acceptable, approving changes to the compensation framework to reflect these recommendations.

10.7 RTT meetings

The RTT will meet at least once a month during implementation of resettlement activities. Thereafter, the RTT will meet once every three months for a period of one year to address any outstanding issues.

The RTT will be chaired by the resettlement implementation team. The agenda for the RTT meetings will be clearly drafted and at every meeting, the RTT will first review the progress of decisions taken and action points of the previous meeting.

Meetings will be held at a venue to be decided in consultation with all parties. Resettlement implementation team will transport the members of the RTT to the venue should it be required. The secretariat representing implementation team will keep and distribute formal minutes of each meeting.

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RTT members may invite observers subject to approval from the RTT. Observers may address the RTT but their contributions will only be accepted as ‘recommendations to the RTT if it receives the support from the parties listed in Section10.4.

10.7.1 Quorum

A quorum requires 60% of RTT members and must include: • The chair (or nominated representative); • A nominated representative of the TA or CPA concerned; • A representative of the resettlement implementation team; • At least one member of impacted land users; and • A representative of BPC and Eskom.

If a quorum is not available within 15 minutes of the called meeting, the meeting will be cancelled. Another meeting will be called immediately. The members present will constitute a quorum. In order to constitute a recognised quorum this group should include the aforementioned people.

10.7.2 Recommendations of the RTT

The RTT will provide advice and support to the resettlement implementation team. The formulation and approval of RTT recommendations will comprise a three-step process. First, recommendations reflecting consensus among members of a local-level RTT will be collated and presented to the relevant umbrella RTT. Next, recommendations tabled at meetings of the umbrella RTT that are acceptable to all members will be recorded by the resettlement implementation team (with well-motivated alternative viewpoints recorded as “minority reports”) and submitted to BPC and Eskom for consideration. Finally, those recommendations accepted by BPC and Eskom will be incorporated into the final version of the Compensation Framework to be submitted to the umbrella RTT for endorsement and BPC and Eskom for approval and sign –off.

It is anticipated that the RTT will make recommendations regarding the following issues: • Design of replacement houses and structures; • Compensation for fixed assets other than houses/structures; • Compensation for affected community facilities/infrastructure; • Compensation for fields, crops and communal grazing; • Assistance with the identification of a resettlement site (replacement land); • Development and livelihood restoration options; and • Grievance procedures, disputes and claims.

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10.7.3 Allowances

Only community representatives participating in RTTs will receive an allowance of R200 in South Africa and P300 in Botswana for each RTT meeting attended.

10.7.4 Relationship between the RTT and other coordination bodies

The setting up of this RTT is not intended to duplicate existing co-ordination mechanisms, such as other project working groups and work streams, rather it is to act as a focal point into which existing committees can both provide inputs and coordinate the implementation of their sectoral responsibilities contained within the resettlement plan.

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11 Framework for public consultation, participation, and development planning

Public consultations in relation to the RPF occur at all stages, starting with inception and planning when the potential lands and alternative sites are being considered. A participatory approach shall be adopted as an on-going strategy throughout the entire project cycle.

Public participation and consultations take place through individual, group, or community meetings. Additionally, radio programs and other media forms may be used to further disseminate information. PAPs are consulted in the survey process; public notices where explanations of the sub-project are made; resettlement implementation of activities; and during the monitoring and evaluation process. Selection of ways to consult, and expand participation by PAPs and other stakeholders, will take into consideration literacy levels prevalent in affected communities; ethnicity and cultural aspects; and practical conditions (like distance).

The role of traditional political and cultural leaders, including the community elders, in the participation strategy will be important. The resettlement implementation team should ensure that these leaders and local representatives of PAPs are fully involved in designing the public consultation procedures.

The IFC Policy on Involuntary Resettlement stipulates that “people affected by the project must be: consulted regarding resettlement activities...” Furthermore, the IFC handbook for preparing a Resettlement Action Plan (RAP) sets out the following requirements for consultation and communication during an RAP: • Consultation with local government, community leaders and affected people representatives: “Consultation with officials of local government, community leaders and other representatives of the affected population is essential to gaining a comprehensive understanding of the types and degrees of adverse project effects” • Consultation with host communities: “Consultation involving representatives of both host communities and the communities to be displaced helps to build familiarity and to resolve disputes that inevitably arise during resettlement”

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• Requirement for a resettlement advisory group and composition: “Depending on the scale of resettlement associated with a project, it may be appropriate for the sponsor to create a resettlement advisory group. This advisory group should comprise representatives of the project sponsor, relevant government line and administrative departments, community organisations, NGOs involved in support of resettlement as well as representatives of the communities affected by the project”. • Purpose of consultations: “Early consultation helps to manage public expectations concerning the impact of a project and its expected benefits. Subsequent consultations provide opportunities for the sponsor and representatives of the people affected by the project to negotiate compensation packages and eligibility requirements, resettlement assistance and the timing of resettlement activities. Project consultation with people affected by resettlement is mandatory”. 11.1 Objectives

The objectives of formal consultations are to secure the participation of all people affected by the project in their own resettlement planning and implementation, particularly in the following areas: • Alternative project design; • Assessment of project impacts; • Resettlement strategy; • Compensation rates and eligibility for entitlements; • Choice of resettlement site and timing of relocation; • Development opportunities and initiatives; • Development of procedures for redressing grievances and resolving disputes; • Mechanisms for monitoring and evaluation and for implementing corrective actions. • Information sharing: “Information must be made accessible and understandable. Information should be translated into local dialects and indigenous languages and broadcast through media that is accessible to literate and non-literate individuals alike. Special efforts should be made to reach vulnerable groups...” 11.2 Principles of engagement

The following principles of engagement have been identified for the purposes of effective resettlement planning. These are to be upheld throughout all engagement processes and the means of engagement modified if required to ensure that these are met: • Transparency to all parties; • Involvement of all affected parties (inclusivity); • Information sharing; • Informed decision-making;

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• Flexibility in terms of approach; • Independence and objectivity of the resettlement implementation team to be maintained.

The success of projects involving communities, rests on appropriate community participation and involvement from the planning stage to implementation. Hence public consultations through participatory rural appraisal must be mandatory for all projects requiring land acquisition, compensation and resettlement for the BPC and Eskom project activities.

During RAP screening, there must be adequate consultation and involvement of the local communities and the affected persons. Specifically, the affected persons must be informed about the intentions to use the earmarked sites for the proposed activities, facilities and structures. The affected persons must be made aware of: • Their options and rights pertaining to resettlement and compensation; • Specific technically and economically feasible options and alternatives for resettlement sites; • Process of and proposed dates for resettlement and compensation; • Effective compensation rates at full replacement cost for loss of assets and services; and • Proposed measures and costs to maintain or improve their living standards.

The aim of public consultations at the screening stage will be to: • Disseminate concepts for proposed project activities with a view to provoking project interest amongst the communities; • Promote sense of ownership for the project and resettlement activities; • Invite contributions and participation on the selection of project sites; • Determine communities’ willingness to contribute in kind towards the implementation of the project; and • Determine community willingness to contribute towards long term maintenance of the project facilities. 11.3 Communication strategy

Aurecon has initiated and developed a communication and engagement process for the project which has been updated throughout the project to remain flexible to the needs of the stakeholders.

The RPF engagement has been undertaken to meet the following objectives: • Awareness and information sharing: This element started in August 2017 with community meetings creating awareness about the project, the socio-economic assessment and asset inventory that was to follow. Prior to this, discussions were held with different communities and stakeholders at part of the Social Impact Assessment process. Furthermore, community meetings, as well as meetings with various local Municipality officials were held as part of the

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ESIA process. Awareness building and information sharing has continued throughout the RPF process and will have to continue throughout implementation. Thus, it is anticipated that stakeholders will be involved in information sharing around resettlement for two to three years minimum, prior to resettlement taking place. • Involvement in decision making: The RPF has been prepared taking into account affected party input into the document throughout. It is intended that the RPF Report will be made available for public and stakeholder comment prior to its finalisation and submission to the regulatory authorities. This will be done as part of the stakeholder engagement process for the ESIA. 11.4 Consultation and stakeholder participation activities to date

Consultation and stakeholder participation activities that have been undertaken in the Botswana and South African sections of the project area are detailed below. The initial stakeholder consultation and public participation processes were taking place during public meetings as part of the ESIA process. This process sought to make communities and stakeholders aware of the proposed project and afford them a formal opportunity to be part of the project process. Stakeholders were also given an opportunity to make inputs and raise issues of concern that should be considered in the project planning phase. The public meetings were held as follows:

In Botswana:

VENUE LOCATION DATES Dikwididi Main Kgotla 21 August 2017, 08h00; Public Meeting Modipane Main Kgotla 22 August 2017, 09h00; Public Meeting Mokatse Main Kgotla 22 August 2017, 11h00; Public Meeting Malolwane Main Kgotla 23 August 2017, 08h00; Public Meeting Sikwane Main Kgotla 25 August 2017, 08h30; Public Meeting Malotwane Main Kgotla 25 August 2017, 11h00; Public Meeting Mochudi Main Kgotla 29 August 2017, 08h00, Public Meeting Ramonaka Main Kgotla 31 August 2017, 08h30, Public Meeting Mathubudu-kwane Main Kgotla 04 September 2017, 08:h30h; Public Meeting Mabalane Main Kgotla 05 September 2017, 08h00; Public Meeting Oodi Main Kgotla 06 September 2017, 08h30; Public Meeting Tlokweng Main Kgotla 5 October 2017, 0830 In South Africa:

VENUE LOCATION DATES Klippan Farmers Association Klippan 17 July 2017, Public Meeting Lehurutshe Tribal Council Lehurutshe 17 July 2017, Public Meeting Serake/ Driefontein Tribal Authority Driefontein 18 July 2017, Public Meeting Supingstad Tribal Authority Supingstad 18 July 2017, Public Meeting Driefontein Tribal Authority Driefontein 21 July 2017, Focus Group Meeting Lehurutshe Traditional Office Lehurutshe 23 August 2017, 10h00, Public Meeting

• This process was followed by an exercise that sought to establish contact with households and community leaders as part of social impact assessment (SIA) process. A socio-economic

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survey was administered to households randomly selected within the project footprint as well as potentially affected farmers. • This process started with obtaining contact details of community leaders/ representatives, local authorities and ward councillors so that they would be made aware of the proposed project. • Once a decision was taken pertaining to legibility of potential resettlement affected households, an asset and infrastructure survey for those identified households was then undertaken. The asset and infrastructure survey was undertaken between 09 and 20 October 2017 in Botswana as well as from 06 to 10 November in South Africa. This survey sought to record all assets and infrastructures that would be lost to the project. • Making contact with local authorities for the municipal wards traversed by the transmission line, informing them of the project, and requesting their assistance in ensuring that local communities are aware of the project became part of the broader stakeholder consultation and public participation processes; • Follow-up meetings were conducted with some communities and landowners in order to address specific questions and concerns regarding the project; and • Information on assets along the transmission line was obtained and this exercise was also used as an opportunity to inform individual community members of the project through direct interaction (as opposed to reliance on community leadership structures to pass on the message). 11.5 Consultation and participation activities still to be undertaken include:

• Establishment of a resettlement task team (RTT), which is the primary mechanism for engaging resettlement-affected households and other relevant stakeholders in resettlement planning. It is understood that the RTT’s primary function will be to disseminate information about the resettlement and compensation process to affected communities (although not precluding individual consultations with individual affected households, which will take place during resettlement implementation). In order to avoid the creation of unrealistic expectations, the negotiation of compensation amounts and methods will be explicitly excluded from its mandate – although the RTT may be consulted in cases where more than one feasible option for compensation exists; • Focus group discussions to be held to obtain additional information and address the affected population’s concerns regarding resettlement; and • Consultation with individual resettlement-affected household heads (or their authorised representatives) to inform them of their compensation packages and to obtain their agreement on compensation amounts and means.

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11.6 Notification procedure

The Project (through the appropriate Project Implementing Agent - PIA) must by public notice, and bypublicly announcing the project in the media (daily newspapers), notify the (PAPs) of its intention to acquire land earmarked for the project. The notice must contain the following key information: • Proponent’s proposal to acquire the land; • The purpose for which the land is needed; • That the proposal or plan may be inspected at the offices of the relevant local Authority during working hours; and • That PAPs may, by written notice, object to the transaction giving reasons for doing so, to the PIA with copies to the relevant Local Municipality and local Chief within 14 days of the first public announcement or appearance of the notice. Assurances must be made that affected persons have actually received this information and notification. 11.7 Public consultation mechanisms

As indicated in the Section 16 of the RPF, public consultation and participation is vital because it provides an opportunity for informing the public and stakeholders about the proposed project. Public consultation and participation creates a sense of ownership for the project, providing an opportunity for people to present their views and values and allowing consideration and discussion of sensitive social mitigation measures and trade-offs.

Public consultation and participation will offer the PAPs an opportunity to contribute to both the design and implementation of the programme activities. In doing so, the likelihood for conflicts between and among the affected and with the management committees will be reduced. In recognition of this, particular attention should be paid to public consultation with PAPs, households and homesteads (including host communities) when resettlement and compensation concerns are involved. As a matter of strategy, public consultation must be an on-going activity taking place throughout the entire project cycle. Hence, public consultation shall take place during the following phases of the project: • Project inception and planning; • Screening process; • Feasibility study; • Preparation of project designs; • Resettlement and compensation planning; • Drafting and reading/signing of the compensation contracts; • Payment of compensations; • Resettlement activities; and • Implementation of after-project community support activities.

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Public consultation and participation should take place through local meetings, request for written proposals/ comments, completion of questionnaires/ application forms, public readings and explanations of the project ideas and requirements. Public documents should be made available in appropriate languages at the national, local and homestead levels and at suitable locations including the official residences/ offices of village governments and village elders. Public consultation measures should take into account the low literacy levels prevalent in the rural communities, by allowing enough time for discussions, consultations, questions and feedback.

11.8 Promoting participation

The IFC Guideline for resettlement recommends that the developer must initiate and facilitate a series of consultations with project stakeholders throughout the planning and implementation of resettlement. The purpose of these consultations is to inform stakeholders about the project and its effects and to provide opportunities for people to voice their concerns and propose alternatives. Formal consultations should include BPC and Eskom representatives, project managers, relevant government authorities, representatives of concerned NGOs and members of both displaced and host communities. Discussions should center on the effects of the project and measures to mitigate those effects. Because of discrimination within societies, women and members of other vulnerable groups may find it difficult to defend their interests in a public forum. For this reason, it is important for project management or the agencies responsible for resettlement planning and implementation to employ women and members of other vulnerable groups. These staff members can undertake outreach efforts, such as focus group consultation, to learn the concerns of vulnerable groups and convey them to resettlement planners and project managers.

11.9 Implementation phase

During implementation, PAPs will be informed about their rights and options. The grievance mechanism will continue to operate and all grievances will be recorded. The participation of RTT, local leaders and PAPs in disseminating information and resolving disputes will be important once resettlement implementation starts. A dynamic participatory approach involves PAPs in decision making about livelihood and community development programmes.

11.10 Conclusion

In conclusion, BPC and Eskom through the PIA may employ a community liaison representative with a budget specifically for the facilitation and management of public consultation. However, if they choose to manage information disclosure and public consultation themselves, BPC and Eskom must ensure that affected people have access to information about the project and opportunities to seek redress of grievances relating to the project. Project management must document its information disclosure and

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public consultation efforts. This documentation should identify who was consulted, what was discussed, and what follow-up was required.

It is expected that consultation with all of the established resettlement structures will continue beyond the completion of the planning phase and into the implementation stage of the project, which will be undertaken by PIA. Exact dates for this consultation cannot be determined at this stage as infrastructure planning and design, which may influence the scope of RAP, must still be considered.

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12 Provisions for redress of grievances

Grievance mechanisms are an important part of the IFC’s approach to requirements related to community engagement by clients under the policy and performance standards on social and environmental sustainability. Where it is anticipated that a new project or existing company operations will involve ongoing risk and adverse impacts on surrounding communities, the client will be required to establish a grievance mechanism to receive and facilitate resolution of the affected communities’ concerns and complaints about the client’s environmental and social performance. The grievance mechanism should be scaled to risks and adverse impacts of the project, address concerns promptly, use an understandable and transparent process that is culturally appropriate and readily accessible to all segments of the affected communities, and do so at no cost to communities and without retribution. The mechanism should not impede access to judicial and administrative remedies. The client will inform the affected communities about the mechanism in the course of its community engagement process (PS 1, Paragraph 23).

A grievance mechanism should be able to deal with most of the community issues that are covered by the IFC’s performance standards. Grievance mechanism requirements in relation to affected communities are explicitly stated with regard to security personnel (Performance Standard 4, Paragraph 13), land acquisition (Performance Standard 5, Paragraph 10), and adverse impacts on indigenous peoples (Performance Standard 7, Paragraph 9). BPC and Eskom will be asked to design the mechanism according to the extent of risks and adverse impacts of the project. Impacts on communities are evaluated within the Social and Environmental Assessment for a project.

Grievance mechanisms inform and complement but do not replace other forms of stakeholder engagement. Stakeholder engagement also includes stakeholder identification and analysis, information disclosure, stakeholder consultation, negotiations and partnerships, stakeholder involvement in project monitoring, and reporting to stakeholders. If strategically applied throughout the project life, an integrated range of stakeholder-engagement approaches can help build trust, contribute to maintaining broad community support for the project, and ultimately help companies promote the long-term viability of their investments.

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12.1 What is grievance

The Good Practice Note29 defines a grievance as a concern or complaint raised by an individual or a group within communities affected by company operations. Concerns and complaints can result from either real or perceived impacts of a company’s operations, and may be filed in the same manner and handled with the same procedure. The difference between responses to a concern or to a complaint may be in the specific approaches and the amount of time needed to resolve it. The term “grievance” implies that there may be a problem. In practice, however, the nature of feedback that communities may want to bring to a company’s attention will vary, since communities often find it appropriate to use the same channels to communicate not only grievances but also questions, requests for information, and suggestions. Communities may even use these channels to convey what they think the company is doing well.

BPC and Eskom should keep in mind that unanswered questions or ignored requests for information have the potential to become problems and should, therefore, be addressed promptly. It is good practice to respond to community feedback through the relevant pillars of community engagement, such as disclosure, consultation, and participation in project monitoring. For example, a question about specific benefits the project provides or intends to provide to women in the community can be forwarded to a community liaison or a staff member who specifically deals with gender matters, if such person has been appointed by the project. The person(s) who asked this question are then notified as to who will respond and by when.

12.2 Project-level grievance mechanism

A project-level grievance mechanism for affected communities is a process for receiving, evaluating, and addressing project-related grievances from affected communities at the level of the company, or project. In the context of this project, this mechanism may also address grievances against contractors and subcontractors. Project-level grievance mechanisms offer companies and affected communities an alternative to external dispute resolution processes (legal or administrative systems or other public or civic mechanisms). These grievance mechanisms differ from other forms of dispute resolution in that they offer the advantage of a locally based, simplified, and mutually beneficial way to settle issues within the framework of the company–community relationship, while recognising the right of complainants to take their grievances to a formal dispute body or other external dispute-resolution mechanisms.

It should be noted, however, that complex issues that arise from high environmental and social impacts are seldom resolved in a relatively simple way. In such cases, projects should anticipate involvement of various third parties in the resolution process to achieve solutions with affected communities. These include, but are not limited to, various national and international mediation bodies, independent

29 IFC Good Practice Note: Addressing Grievance from Project Affected Communities. 2009. Available from available at http://www.ifc.org/ifcext/ sustainability.nsf/Content/Publications_ GoodPractice. Accessed on 19th August 2014.

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mediators and facilitators with sector- and country-specific expertise, and independent accountability mechanisms of public sector financiers.

12.3 Approach to grievance redress

Handling grievances encompasses a step-by-step process as well as assigned responsibilities for their proper completion. Companies establishing grievance mechanisms will follow the process steps discussed in this section.

12.3.1 Step 1: Publicising grievance management procedures

When and how the grievance mechanism is introduced to affected communities can have significant implications for its effectiveness over time. Guiding principles for publicising a grievance mechanism should be in line with cultural characteristics and accessibility factors of affected communities. The information should include at least the following: • What project-level mechanisms are (and are not) capable of delivering and what benefits complainants can receive from using the company grievance mechanism, as opposed to other resolution mechanisms; • Who can raise complaints (affected communities) • Where, when, and how community members can file complaints; • Who is responsible for receiving and responding to complaints, and any external parties that can take complaints from communities; • What sort of response complainants can expect from the company, including timing of response; and • What other rights and protection are guaranteed. Ideally, as part of their first interactions with company representatives, communities should be informed of a company’s intention to establish a grievance mechanism, and continue to be reminded of this mechanism on a regular basis during project implementation. Companies should emphasize the objectives of the grievance system and the issues it is designed to address. A company’s community liaison officers, grievance officers, or individuals working in analogous positions, should be responsible for publicizing the procedure through appropriate methods.

12.3.2 Step 2: Receiving and keeping track of grievances

Once communities are aware of the mechanism and access it to raise grievances, the company needs to process grievances raised. Processing includes: • Collecting grievances; • Recording grievances as they come in; • Registering them in a central place; and • Tracking them throughout the processing cycle to reflect their status and important details.

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Receiving concerns and complaints

Below are simple rules that any receipt procedure for grievances should follow: • All incoming grievances should be acknowledged as soon as possible. A formal confirmation with a complaint number, or other identifier, and a timeline for response assures the complainant that the organisation is responding properly, and it gives the project a record of the allegation. If a complaint is received in person, a good practice is to acknowledge it on the spot. • If a more complex investigation is required, the complainant should receive an update explaining the actions required to resolve the complaint, and the likely timeline. • The company should explain up front what claims clearly are outside the scope of the mechanism and what alternative avenues communities can use to address these potential issues.

12.3.3 Step 3: Reviewing and investigating grievances

For a grievance mechanism to work, all complaints should be handled as promptly as possible, depending on the nature and complexity of the matter. The central unit or person responsible for grievance handling should organise the process to validate the complaint’s legitimacy and arrange for investigation of details. Depending on the circumstances of the complaint, various units or departments may need to get involved, including senior management if their direction and decision is required by the established procedures and division of responsibilities. To begin this process, the nature of the grievance must be established to determine the measures needed for review and investigation. All grievances will need to undergo some degree of review and investigation, depending on the type of grievance and clarity of circumstances. For example: Minor, straightforward issues may only need screening before proceeding to the next step (resolution options and response). Review of minor issues, especially those related to a complainant’s request for information, can generally be handled easily by providing information on the spot, or referring the person to community liaison personnel. If there is any possibility that deeper underlying issues may exist, the complaint further must be investigated further.

Less clear, more problematic, or repetitive issues, or group complaints may need a more detailed review prior to action. Staff involved in handling grievances may need to seek advice internally, and in some cases, turn to outside parties to help in the validation process, especially in cases of damage claims. One option to help determine legitimacy is an internal committee comprising staff who will be involved in the operation, staff involved in supervision of the grievance mechanism, and managers from the project departments whose activities are likely to result in claims. For example, the committee might consist of RTT members, a community liaison officer and an operations manager. This committee can also provide initial recommendations on resolution options.

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Where an extensive investigation is required

An extensive investigation may be required when grievances are complex or widespread and cannot be resolved quickly. As a way to conform to the principle of “no cost to communities,” the company should take full responsibility for investigating the details of grievances coming through its grievance mechanism. However, in cases of sensitive grievances such as those involving multiple interests and a large number of affected people, it may help to engage outside organisations in a joint investigation, or allow for participation by the RTT, civil society organisations or NGOs, or local authorities, if the complainants agree to this approach.

12.3.4 Step 4: Developing resolution options and preparing a response

Once the grievance is well understood, resolution options can be developed taking into consideration community preferences, project policy, past experience, current issues, and potential outcomes. The following approach is proposed: • A risk-based assessment of potential grievances disputes or conflicts that may arise during project preparation and implementation; • Identification of the client’s existing capacity for grievance redress; and • An action plan that identifies priority areas for strengthening grievance capacity, or if necessary, establishing new mechanisms at the project level. Where applicable, dedicated resources should be allocated for realisation of the action plan.

Developing resolutions options commensurate with the nature of the grievance

General approaches to grievance resolution may include proposing a solution: • Unilaterally (the company proposes a solution); • Bilaterally (the company and the complainant reach a resolution through discussion or negotiation); • Through a third party (either informally or formally through mediation); or • Through RTT, traditional and customary practices.

One of the potential advantages of a grievance mechanism is its flexibility. Rather than prescribe a specific procedure for each particular type of complaint, it may be helpful to establish a “menu” of possible options appropriate for different types of grievances, so that company personnel and community members have models for action when a dispute arises. Options include altering or halting harmful activities or restricting their timing and scope, providing monetary compensation, providing an apology, replacing lost property, revising community engagement strategy, and renegotiating existing commitments or RPF.

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Preparing and communicating clear response

Regardless of the outcome, a response should be provided to all complainants. Responses can be either oral or written, depending on whether the grievance was received orally or in writing. At the time of first interaction between the company representative and complainant(s), there are two possible scenarios:

The claim is rejected and no further action will be taken. If a claim is rejected upfront, it is either ineligible or clearly does not have a basis. If the response is that the grievance does not require action by the company to resolve it, all considerations should be documented and included in both the response and the company systems for grievance tracking for further reference. Companies should be diplomatic when telling community members that no further action will be taken, since they are likely to be disappointed. But including a detailed and respectful explanation, together with compelling evidence of why it cannot be accepted, usually keeps a conflict from escalating.

If the claim is accepted, the response procedure would include two general steps:

1. A preliminary response should be provided within a stipulated period of time and should propose the next steps and actions to be taken for resolution. The complainants must be informed of the results of the assessment and the status of their claims, and further discussion encouraged and invited with complainants (to obtain additional arguments, collect more evidence, conduct further investigation, and launch a dialogue). If complainants are not likely to be satisfied with the outcome the company is considering, group or individual meetings, as needed, should be scheduled to discuss the findings and further clarify the position of the company and of the complainants. In more complex cases, management should participate in such meetings, since they are perceived to be the legitimate decision makers.

In this project, it will be advisable that RTT is given space to deal with grievances from project affected people as well as communities and third parties.

2. A final response should be given to document the final proposed resolution. The proposal must be communicated and mutual commitments stipulated, and the complainants’ agreement ensured. If the complainants are not satisfied with the proposed resolution, or the outcome of the agreed corrective actions, they should be free to take their grievances to a dispute resolution mechanism outside of the company grievance mechanism.

Close out cases only when an agreement with complainants is reached

Following completion of the agreed-upon corrective actions, it is a good practice to collect proof that those actions have taken place. For example: • Take photos or collect other documentary evidence to form a comprehensive record of the grievance and how it was resolved;

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• Create a record of resolution internally, with the date and time it took place, and have responsible staff sign off; • Have a meeting with the complainants to get a collective agreement to close out the claim; and • If the issue was resolved to the satisfaction of the complainants, get a confirmation and file it along with the case documentation.

12.3.5 Step 5: Monitoring, reporting, and evaluating a grievance mechanism

Monitoring and reporting can be tools for measuring the effectiveness of the grievance mechanism and the efficient use of resources, and for determining broad trends and recurring problems so they can be resolved proactively before they become points of contention. Monitoring helps identify common or recurrent claims that may require structural solutions or a policy change, and it enables the company to capture any lessons learned in addressing grievances. Monitoring and reporting also create a base level of information that can be used by the company to report back to communities. Although internal monitoring is usually sufficient for smaller projects, in the case of projects with significant impacts, or where the facts surrounding the grievance are contentious, monitoring by a neutral third party can enhance the credibility of the grievance mechanism.

Tracking grievance statistics to ascertain effectiveness

Depending on the extent of project impacts and the volume of grievances, monitoring measures can be as simple as tracking the number of grievances received and resolved, or as complex as involving independent third-party evaluations. Apart from reviewing each grievance and analysing effectiveness and efficiency, companies also can use complaints to analyse systemic deficiencies. Grievance records should provide the background information for regular monitoring, both informal and formal. Therefore, even a simple tracking system should provide an opportunity to aggregate information and recognize patterns in the grievances the company receives, and how they are being resolved.

Adapting the mechanism to correct effectiveness

The final objective of monitoring is to ensure that the design and implementation of the grievance mechanism adequately respond to the stakeholders’ needs in a cost-effective manner.

To maintain the mechanism’s effectiveness, the company must design the mechanism and assign responsibilities to allow for policies and practices to improve efficiencies in the receipt and resolution of grievances. These objectives can be met only through ongoing adjustments to the mechanism, facilitated by support from the management. For example: • If communities strongly prefer one of several channels offered to submit grievances, focus company resources on that channel to lower the costs of methods that communities do not use;

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• If only one subgroup in the community raises complaints (for example, women, elderly), determine whether this phenomenon is the result of a particularly high impact of operations on that specific group or an accessibility issue; • If a large number of grievances do not get resolved through the mechanism, a major change may be required in how the company approaches resolution, rather than focusing efforts on resolving individual issues; and • If the grievances allege that the mechanism lacks transparency, adjust the policy and methods used to publicise it, put more emphasis on inviting the community to participate in decision making through the grievance mechanism, and consider involving third parties.

Using monitoring results to report back

Lessons learned throughout the process of handling grievances can help ensure continual improvement of the company’s operations. The company can also use monitoring to report back to the community on its implementation of the mechanism. In addition, the company can designate personnel responsible for translating lessons learned from its monitoring into concrete policy and practice changes for the company. A community meeting to explain the results of such reports is also effective, and may lead to a mutually respectful relationship between the company and the community.

12.4 Resources needed to manage a grievance mechanism 12.4.1 Resources for grievance mechanisms

Grievance mechanisms will be effective if adequate resources; people, systems and processes, and associated financial resources are assigned to implementation, and if responsibilities are clearly defined. Grievance management should be recognised as a business function with clearly defined objectives, assigned responsibilities, timelines, budget, senior management oversight, and regular reporting. For these reasons, grievance mechanisms should be placed within a larger context of a social and environmental management system and should serve as one of the indicators of whether the system is functioning properly. The ultimate responsibility for designing, implementing, and monitoring project- level grievance mechanisms should lie with senior management.

12.4.2 Who should be responsible for implementation?

For a grievance mechanism to function effectively, it is important to determine a governance structure and assign responsibilities for the mechanism’s implementation. The following basic preparations should be taken into account when evaluating resources and allocating responsibilities for grievance mechanism implementation: • Make sure that the role of senior management is clear, i.e. in what cases and at what stage in the handling of a complaint their decision will be required, and who will be responsible for strategic oversight of grievance management. Senior management has final authority to ensure

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that commitments to affected communities are met, and clear reporting lines must be established between senior management and those implementing the grievance mechanism. • Identify personnel or a unit responsible for administering the grievance mechanism (recording complaints, arranging for collection of additional information, consulting relevant departments or persons within the organization, tracking progress, aggregating and forwarding feedback to complainants, reporting). It may be a new or existing unit or person within an organization. Who is best suited to handle these tasks is sometimes determined by the nature of community grievances. RTT together with community liaison or an administrative assistant should serve as an entry point to receive and log complaints. Frequent turnover of staff assigned to grievance handling and community liaison can adversely impact the perception of the mechanism. • It should be noted that other community engagement tasks do not take the place of handling grievances, particularly if a community liaison officer is also assigned to handle the grievance process. • Where possible, functions of grievances handling should be separated from project management, and assign clear accountability for each, so as to avoid decisions that favour the interest of the company only. Safeguards can include clearly defining the authority and decision- making responsibilities of people involved in administering the grievance mechanism, as well as making sure that senior management is ready to intervene. These would include responsibilities for managing the overall process, as well as separate steps (receipt, recording and tracking, investigating, and responding).

12.4.3 Involving third parties

Third parties such as non-governmental organisations, community-based organisations, local governments, local community and religious organisations and traditional councils can sometimes be involved in companies’ grievance mechanisms. They can serve as process organisers, places to bring a complaint to be passed on to the company, or as facilitators, witnesses, advisors, or mediators. In some cases, it may be beneficial to place part of the responsibility for the process on external entities, formed within the communities themselves or acceptable to them while the company maintains ultimate responsibility and accountability for the process. Third parties can help increase the level of trust from communities as well as overcome certain limitations of project-level mechanisms, such as lack of transparency, insufficient company resources, possible conflict of interest, and biases, provided that they themselves are perceived to be unbiased and impartial relative to both the company and the communities.

Options for third party engagement

To have an effective project-level grievance mechanism, companies need to understand the roles of third parties before engaging them. For example:

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• Community self-governance structures (such as village councils, tribal councils). These should be taken into account when developing a grievance mechanism to ensure cultural appropriateness, community involvement in decision making, and efficient and effective use of existing community resources. • Local NGOs, CBOs - Identify those that are active in the area of project or company operations, learn about their interactions with the affected communities, determine what contribution they can make to effective resolution, and discuss options for an NGO to administer the project’s grievance mechanism or a part thereof. Sometimes NGOs can also represent local communities and help them build their capacity to understand the process and its benefits, participate in decision making, and articulate grievances and bring them to the attention of companies. Such organisations can be viewed as a voice of communities, and companies should be prepared to deal with grievances brought by NGOs on behalf of communities. • Local government authorities. Communities sometimes bring their project-related complaints to local governments. It would be advisable for the company to consider partnering with local authorities to facilitate receipt of grievances from communities. Local governments can also be a resource to help companies resolve complaints, since local authorities may have an established relationship with the communities. They can participate as third parties and advisors in company-initiated resolution processes.

12.5 Grievance mechanisms needed for projects implemented by contractors

Although a company generally differentiates between the actions of its own employees and those of contractors and subcontractors, local communities tend to see no difference and will attribute actions of contractors and subcontractors to the company. This is the case even if contractors are in the area only for a short period of time.

Companies need to anticipate grievances that may arise from the actions of suppliers or contractors, and implement a policy and management tools, such as regular monitoring to govern their behavior and actions, including provisions for coordinated management of grievances and key indicators that help evaluate the effectiveness of contractors’ policies and tools. Where there are a small number of contractors, it may be feasible for the contractors to establish and manage their own grievance mechanisms. Companies will need to make sure that these mechanisms do not conflict with the company mechanism or those of the other contractors by establishing clear guidelines and ensuring oversight. Where contractual relationships are more complex or numerous, companies may wish to have all grievances directed to the company’s mechanism, regardless of whether they relate to the company or its contractors or subcontractors.

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13 Framework for monitoring, evaluation, and reporting

The RPF monitoring, evaluation and reporting framework is aimed at measuring the following main indicators: • Impacts on affected individuals, households, and communities to be maintained at their pre- project standard of living, and better; • Improvement of communities affected by the project; and • Management of disputes or conflicts.

Monitoring, evaluation and reporting of the resettlement must be carried out during the whole process of land acquisition and the compensation to ensure that the objectives are met and successful implementation of the resettlement occurs. The monitoring must be carried out by both internal and external monitors to be appointed by BPC and Eskom. The monitors must work together with established RTT for inclusive and meaningful monitoring evaluation and reporting. The monitoring process must ensure that all responsible implementing agencies follow the schedule and comply with the principles of the RPF.

Suggested monitoring indicators are outlined below and include (and not limited to): • Number and place of public consultation meetings held with PAPs and local authorities during resettlement implementation; • Number of PAPs effectively compensated and aggregated amount disbursed as compensation (actual versus planned); • Number of complaints: total received, total justified and total non-justified.

Table 33 below provides a typical plan for monitoring, evaluating and reporting that can be followed or adapted as may be deemed necessary.

Table 33: Plan for monitoring, evaluating and reporting Responsible Frequency of Item Main activities institute monitoring Public consultation Consultation meeting with RTT and PIA Continuous the PAPs Database Updating census results PIA in consultation with Once during RAP RTT implementation

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Disclosure of Display to the PAPs the PIA in consultation with Twice entitlement results of the census. RTT Preparation of Follow up of implementation PIA in consultation with Twice alternatives of RTT proposed alternative Compensation and Follow up compensation PIA in consultation with Continuous other resettlement process RTT measures Follow up of PAPs Follow up and monitoring of PIA in consultation with Once fortnightly PAPs livelihoods RTT 13.1 Internal and external monitoring

There will be a need to carry out both internal and external monitoring to ensure complete and objective information and to avoid bias.

13.1.1 Internal monitoring

For internal monitoring, the resettlement offices of the RIA, in partnership with the paying consultant will take full responsibility for conducting regular internal monitoring of the implementation of the project. This will be done hand in hand with RTT, local Authority and will be done every six weeks. Post resettlement monitoring will be undertaken internally every three months.

The resettlement implementation team will maintain, together with local officials, basic information on all physical or economic displacement arising from the sub-project. This includes an update, for example on a quarterly basis, of the following: • Number of sub-projects requiring preparation of an RAP; • Number of households and individuals physically or economically displaced by each sub-project; • Length of time from sub-project identification to payment of compensation to PAPs; • Timing of compensation in relation to commencement of physical works; • Amount of compensation paid to each PAP household (if in cash), or the nature of compensation (if in kind); • Number of people raising grievances in relation to each sub-project; and • Number of unresolved grievances.

The PIA will review these statistics to determine whether the RAP implementation arrangements, as defined in this RPF, are effective in addressing resettlement related issues. Financial records will be maintained by the sub-projects and the PIA, to determine the final cost of RAP implementation.

13.1.2 External monitoring

External monitoring will be undertaken by an independent agency or consultant. These will have extensive experience in social surveys and resettlement monitoring. External monitoring will be done at

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least two years after completion of the construction phase. The civil society organisations may be involved in this exercise.

External monitoring will include an independent impact evaluation that will determine: • If compensation payments have been completed in a satisfactory manner; and • If there are improvements in livelihoods and well-being of PAPs.

13.2 Monitoring measures

In addition to inspecting that the consultants and construction firms are adhering to the required measures, the monitoring system will be put in place to report on the effectiveness of compensation payments and resettlement assistance. Monitoring measures must be designed to ensure the effective and timely implementation of compensation and resettlement activities. This should include the physical progress of resettlement, the disbursement of compensation, the effectiveness of public consultation and participation activities and the sustainability of income restoration and development efforts among affected communities.

The monitoring must include continuous resettlement tasks especially on grievance redress handling throughout the phase of civil works in order to assure timely response to PAPs requirements and to assure correct implementation of resettlement procedures. National level monitoring at times is not regularly carried out sometimes due to lack of operating budget, in those cases and others, the project must utilise resources of the utilities such as transport to facilitate the external monitors perform their duties. In addition, the project must encourage involvement of PAPs, local Associations and local NGOs and CBOs to get involved with monitoring and evaluation.

The implementation of compensation and relocation activities will have to comply with both national laws and international safeguards. Particular attention must be paid to adequacy of asset valuation mechanisms, timely compensation payments and prior information, consultation and participation of project affected people. The enforcement of the existing laws is also of critical importance to ensure harmony between the national frameworks and the international safeguards. A further issue is the eligibility status of unregistered land users where IFC guidelines will have to be applied and all affected land-users fully compensated.

13.3 Indicators

The approved RPF highlights the objectively verifiable indicators (OVIs) which can be used to monitor the impacts of the compensation and resettlement activities. These indicators will be targeted at quantitatively measuring the physical and socio-economic status of the PAPs, to determine and guide improvement in their social well-being. Therefore, monitoring indicators to be used for the RAP will have

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to be developed to respond to specific site conditions. Table 34 below provides a set of indicators which can be used.

Table 34: Types of verifiable indicators Monitoring Evaluation Outstanding compensation or resettlement Outstanding individual compensation or contracts not completed before next agricultural resettlement contracts. season. Communities unable to set village-level Outstanding village compensation contracts. compensation after two years. Grievances recognised as legitimate out of all All legitimate grievances rectified complaints lodged. Pre- project production and income (year before Affected individuals and/or households land used) versus present production and income compensated or resettled in first year who have of resettlers, off farm-income trainees, and users maintained their previous standard of living at of improved mining or agricultural techniques. final evaluation. Pre- project production versus present production Equal or improved production per household. (crop for crop, land for land).

13.3.1 Indicators to determine status of affected people

A number of indicators should be used in order to determine the status of affected people (land being used compared to before, standard of house compared to before, level of participation in project activities compared to before, how many kids in school compared to before, health standards, etc). Therefore, the resettlement and compensation plans will set two major socio-economic goals by which to evaluate its success: • Affected individuals, households, and communities are able to maintain their pre-project standard of living, and even improve on it; and • The local communities remain supportive of the project.

13.3.2 Indicators to measure RAP performances

As documented in the RPF, in order to access whether these goals are met, the resettlement and compensation plans will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. For example, the following parameters and verifiable indicators can be used to measure the resettlement and compensation plans performance: • Questionnaire data will be entered into a database for comparative analysis at all levels of Local Authority; • Each individual will have a compensation dossier recording his or her initial situation, all subsequent project use of assets/improvements, and compensation agreed upon and received;

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• The Local Authority will maintain a complete database on every individual impacted by the project land use requirements including relocation/ resettlement and compensation, land impacts or damages; • Percentage of individuals selecting cash or a combination of cash and in-kind compensation; • Proposed use of payments; • The number of contentious cases out of the total cases; • The number of grievances and time and quality of resolution; • Ability of individuals and families to re-establish their pre-displacement activities, land and crops or other alternative incomes; • Agricultural productivity of new lands; • Number of impacted locals employed by the civil works contractors; • Seasonal or inter-annual fluctuation on key foodstuffs; and • General relations between the project and the local communities.

13.3.3 Indicators to monitor and evaluate implementation of RAPs

The RPF indicates that financial records must be maintained by the PIA to permit calculation of the final cost of resettlement and compensation per individual or household. Each-individual receiving compensation will have a dossier containing: • Individual bio-data information; • Number of people he/ she claims as household dependents; and • Amount of land available to the individual or household when the dossier is opened.

The following additional information will be acquired for individuals eligible for resettlement/compensation: • Type and amount of compensation; • Level of income and of production; and • Inventory of material assets and improvements in land.

13.4 RAP monitoring plan

IFC recommends that the RAP must provide a coherent monitoring plan that identifies the organisational responsibilities, the methodology, and the schedule for monitoring and reporting. The three components of a monitoring plan should be performance monitoring, impact monitoring and completion audit.

13.4.1 Performance monitoring

In accordance with IFC guidelines, performance monitoring is an internal management function allowing the sponsor or the organisations responsible for resettlement to measure physical progress against milestones established in the RAP. Examples of performance milestones could include:

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• Public meetings held; • Census, assets inventories, assessments, and socioeconomic studies completed; • Grievance redress procedures in place and functioning; • Compensation payments disbursed; • Housing lots allocated; • Housing and related infrastructure completed; • Relocation of people completed; • Income restoration and development activities initiated; • Monitoring and evaluation reports submitted

13.4.2 Impact monitoring

Impact monitoring measures the effectiveness of the RAP and its implementation in meeting the needs of the affected population. Impact monitoring must be conducted by an independent external agency appointed by BPC and Eskom. IFC highlights the purpose of impact monitoring as being to provide BPC and Eskom or the resettlement implementation agent with an assessment of the effects of resettlement, to verify internal performance monitoring and to identify adjustments in the implementation of the RAP as required. It is recommended that where feasible, affected people should be included in all phases of impact monitoring, including the identification and measurement of baseline indicators.

13.4.3 Completion audit

This should be undertaken by independent third party to assess whether the outcome of the RAP complies with IFC Involuntary Resettlement Policy guidelines. The key objective of this external evaluation will be to determine whether BPC and Eskom’s efforts to restore the living standards of the affected population have been properly conceived and executed. IFC guidelines indicate that the audit should verify that all physical inputs committed in the RAP have been delivered and all services provided. In addition, the audit should evaluate whether the mitigation actions prescribed in the RAP have had the desired effect. The socio-economic status of the affected population, including the host population, should be measured against the baseline conditions of the population before displacement, (as established through the census and socio-economic studies).

13.4.4 Socio-economic assessment

The purpose of socio-economic assessment, which is part of the evaluation process, is to ensure that PAPs livelihood and wellbeing have improved, and have not worsened as a result of the sub-project. An assessment will be undertaken on payment of compensation, restoration of income and livelihoods, and provision of sufficient community development activities. Monitoring of living standards will continue after resettlement. Additionally, a reasonable period (usually two years) must be established for

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monitoring post-resettlement impacts. A number of indicators (discussed above) will be used for measuring status of affected people.

Finally, the socio-economic assessments will use surveys, focus group meetings, and participatory appraisal tools for measuring impacts. A separate assessment will be made for each sub-project. Additionally, since a baseline household survey will have been completed during RPF preparation, the RAP assessment will measure changes based on this baseline.

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14 Conclusion and recommendations

The findings of the socio-economic analysis for the affected population revealed the extent to which households earn their living and have access to basic services. The surveyed households have access to electricity as a source of energy. Their living standard provided a variation in the level of wealth, material goods and necessities available to a certain socio-economic class in a certain geographic area. The standard of living includes factors such as access to quality of services such as electricity and clean drinking water and is closely related to quality of life of the people.

Since one of the objectives in both South Africa and Botswana is sustainable development through creating job opportunities and growing the economy, it will be important that the sustainable livelihoods of affected communities are given high priority. BPC and Eskom and the contractors need to give attention to households affected by the project in terms of employment, skills development and economic improvement during implementation of the project.

Green energy such as solar systems can play an important role as a source of energy during the roll- out process, due to the unavailability of electricity in the area. The socio-economic data of affected households that has been collected will assist BPC and Eskom to make informed decisions regarding the resettlement of the affected households and relocation of their graves. It is recommended that there is adequate consultation with the affected households during the lifetime of the project, to minimise discontentment and promote good relations.

In global cases where resettlement has been successful in leaving the affected people economically better off, in a socially stable condition, and in a manner, that they are able to sustain themselves over time, the process has been characterised by a number of best practice enabling factors such as follows: • An appropriate understanding of the complications of resettlement; • Proper legal and policy frameworks at national level; • Sufficient funding; • Sufficient capacity, including experience in working with resettlement; • Honest consultation and negotiation with the affected people; • Effective planning, implementation and monitoring; • Integration of the resettlement project into its regional economic and political context; • The necessary political will to ensure that the above enabling factors are obtained; and • That resettlement is properly carried out.

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Unless consciously countered, these risks become reality, negatively reinforcing each other in an interactive and cumulative manner. On the other hand, if these risks are incorporated as part of planning and project design, and if the necessary best practice factors are obtained, these risks can be turned into development opportunities, resulting in resettlement with development.

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Appendix A A&I Questionnaire

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Appendix B A&I data sheet – Botswana

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Appendix C

A&I data sheet – South Africa

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15 RPF Report Approval

This RESSTLEMENT POLICY FRAMEWORK REPORT is hereby approved as follows:

Eskom

Name and Surname: Designation: Signature: ………………………………………………………………… Date: …………………………………………………………………………… Any conditions for approval: …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… Name and Surname: Designation: Signature: ………………………………………………………………… Date: …………………………………………………………………………… Any conditions for approval: …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… Name and Surname: Designation: Signature: ………………………………………………………………… Date: …………………………………………………………………………… Any conditions for approval: …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… Name and Surname: Designation: Signature: ………………………………………………………………… Date: …………………………………………………………………………… Any conditions for approval: …………………………………………………………………………………………………………… ……………………………………………………………………………………………………………

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Aurecon offices are located in: Angola, Australia, Botswana, China, Ghana, Hong Kong, Indonesia, Kenya, Lesotho, Macau, Mozambique, Namibia, New Zealand, Nigeria, Philippines, Qatar, Singapore, South Africa, Swaziland, Tanzania, Thailand, Uganda, United Arab Emirates, Vietnam.

BOSA TRANSMISSION 2 March 2018 Revision: 2 INTERCONNECTION PROJECT Reference: 112581 FINAL RESETTLEMENT POLICY FRAMEWORK –REPORT SAPP, BPC and Eskom

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Document control

Report title FINAL RESETTLEMENT POLICY FRAMEWORK –REPORT

Document ID 112581 Project number 112581

File path Https://aurecongroup- my.sharepoint.com/personal/noeleen_greyling_aurecongroup_com/Documents/112581 BOSA/BOSA Draft RPF Report Botswana -2-.docx Client SAPP, BPC and Eskom Client contact

Re Date Revision details/status Prepared Author Verifier Approver v by 1 22 January 2018 0 NG NG TS TS

2 2 March 2018 1 NG NG EdP TS

Current revision 2

Approval

Author signature Approver signature

Name Noeleen Greyling Name Tebogo Sebego

Title Social Scientist Title Associate

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BOSA TRANSMISSION INTERCONNECTION PROJECT

Date 2 March 2018 Reference 112581 Revision 2

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Executive summary

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Affected households

126 farms directly 66 farms not fenced affected

18 farms 60 fenced farms with structures

Farms and structures affected in Botswana

Resettlement Policy Framework (RPF)

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Resettlement Action Plan (RAP)

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individuals) are to be relocated, appropriate compensation for assets, logistical support for moving, and a relocation grant may be the only requirements.1 According to bank policies, on land acquisition, involuntary resettlement and displacement compensation, it is a requirement that whenever a project supported by the bank involves displacement of people less than 200 people whose economic activities may not significantly be impacted by displacement, an RAP should be produced. This policy framework proposes that if affected houses remain less than 200 during the time of construction, RAP should be considered. However, the principles on which compensation is to be based are the same as for larger groups. A RAP should include the following elements:

Legal and policy framework

One of the principles of the RPF is that resettlement planning should adhere to national policies and legislation, as well as international best practices. There is no specific legislation in Botswana that addresses resettlement per se but some aspects that have a bearing on resettlement and land acquisition and are covered by more general legislative instruments. Relevant Botswanan legislation discussed in this document includes: • Land Control Act (Chapter 32:11); • State Land Act (Chapter 32:01); • Tribal Land Act (Chapter 32:02); • Town and Country Planning Act (Chapter 32:09); and • Electrical Supply Act (Chapter 73:01).

The main features of the Development Bank of South Africa (DBSA), IFC Performance Standard 5 as well as World Bank OP 4.12 are also discussed in detail in this document.

Compensation framework

1 Handbook for Preparing a Resettlement Action Plan. IFC

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Grievances redress and dispute resolution

Monitoring and evaluation

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Roles and responsibilities

Conclusion and recommendations

In cases in the world where resettlement has been successful, in the sense of leaving the affected people economically better off, in a socially stable condition, and in a manner, that they are themselves able to sustain over time, the process has been characterised by a number of best practice enabling factors such as the following: • An appropriate understanding of the complications of resettlement; • Proper legal and policy frameworks at national level; • Sufficient funding; • Sufficient capacity, including experience in working with resettlement; • Honest consultation and negotiation with the affected people; • Effective planning, implementation and monitoring; • Integration of the resettlement project into its regional economic and political context; and • The necessary political will to ensure that the above enabling factors are obtained, and that resettlement is properly carried out.

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planning and project design, and if the necessary best practice factors are utilised, these risks can be turned into development opportunities, resulting in resettlement with development.

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ABBREVIATIONS

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Contents

1 Introduction 1 1.1 Project description 3 1.2 Project infrastructure and specifications 3 2 Methodology 5 2.1 Desktop study 6 2.2 Consultations 6 2.3 Social survey 7 2.4 Criteria of identifying PAPs 7 2.5 Field survey 7 2.6 Census of PAPs 7 3 Project impacts and affected population 9 3.1 Regional profile 10 3.2 Demographics 13 3.3 Language 14 3.4 Education 15 3.5 Current economic activity 16 3.6 Household Agriculture 16 3.7 Land Tenure 17 3.8 Household services 18 3.9 Identification of social impacts 22 4 Legal and policy framework 26 4.1 Objectives and basic terms for preparation of the Resettlement Action Plan 26 4.2 Principles and objectives governing resettlement preparation and implementation 27 4.3 Objectives of the Resettlement Policy 28 4.4 International guidelines on involuntary land acquisition and resettlement 29 4.5 Guiding principles for resettlement planning and implementation 30 4.6 Review of the legislation in Botswana governing land acquisition and resettlement 30 4.7 Comparison of national legislative framework and the IFC Performance Standard 5 on Involuntary Resettlement 35 5 Inventory of affected assets 38 5.1 Introduction 38 5.2 Undertaking inventory of affected assets 38 5.3 Challenges 39 5.4 Key results 40 6 Compensation Framework 43 6.1 Impact scenarios 43 6.2 Compensation matrix 44

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6.3 Responsibility and schedule for compensation payments 51 6.4 Compensation entitlements 51 7 Resettlement assistance and livelihood 54 7.1 Socio-economic assessment indicators 55 7.2 Livelihood development and sustenance 56 7.3 Recommendations 58 8 Budget 59 8.1 Cost Estimate (Order of Magnitude) 59 9 Implementation schedule 60 9.1 Resettlement responsibilities 61 9.2 Resettlement principles 61 9.3 Timeframes 62 9.4 Linking resettlement implementation to civil works 62 10 Description of organisational responsibilities 64 10.1 Programme manager 64 10.2 Resettlement team coordinator 64 10.3 Resettlement advisor 64 10.4 Local-level resettlement task teams 65 10.5 Members of umbrella RTTs 67 10.6 Resettlement implementation team 68 10.7 RTT meetings 69 11 Framework for public consultation, participation, and development planning 72 11.1 Objectives 73 11.2 Principles of engagement 73 11.3 Communication strategy 74 11.4 Consultation and stakeholder participation activities to date 75 11.5 Consultation and participation activities still to be undertaken include: 76 11.6 Notification procedure 76 11.7 Public consultation mechanisms 77 11.8 Promoting participation 78 11.9 Implementation phase 78 11.10 Conclusion 78 12 Provisions for redress of grievances 80 12.1 What is grievance 81 12.2 Project-level grievance mechanism 81 12.3 Approach to grievance redress 82 12.4 Resources needed to manage a grievance mechanism 87 12.5 Grievance mechanisms needed for projects implemented by contractors 89 13 Framework for monitoring, evaluation, and reporting 90 13.1 Internal and external monitoring 91

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13.2 Monitoring measures 92 13.3 Indicators 92 13.4 RAP monitoring plan 94 14 Conclusion and recommendations 97 15 RPF Report Approval 101 15.1 BPC 101

Appendices

Appendix A Appendix B

Figures Figure 1: Proposed transmission line locality map 2 Figure 2: Project locality 10 Figure 3: Project locality in Botswana – study area in square 11 Figure 4: Mochudi - Botswana 13 Figure 5: Districts affected - Botswana 13 Figure 6: Impact rating pre- and post-mitigation and maximisation measures 25 Figure 7: Impact Scenarios (IFC Handbook) 44

Tables Table 1: List of Definitions IX Table 2: Site co-ordinates 3 Table 3: Distribution of population by locality type, Botswana 2011 14 Table 4: Distribution of population by citizenship, Botswana 2011 14 Table 5: Distribution of numbers of persons aged two years and older by language spoken; Botswana 2011 15 Table 6: Distribution of Number of Population Aged Twelve Years and Over That Ever-Attended School per Sex and Highest Level of Education; Botswana 2011 15 Table 7: Distribution of Number of Households by Type of Livestock Owned 16 Table 8: Distribution of Number of Households by Type of Crops Planted 17 Table 9: Land Use Types in Kgatleng 17 Table 10: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Water Supply 19 Table 11: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Cooking 19 Table 12: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Lighting 20 Table 13: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Heating 21 Table 14: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Type of Toilet Facilities 21 Table 15: Pre- and post-mitigation impact ratings 24 Table 16: Summary of the comparison between South African and Botswanan legislation and the IFC requirements 37 Table 17: Compensation matrix 45

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Table 18: Entitlement matrix 51 Table 19: Plan for monitoring, evaluating and reporting 90 Table 20: Types of verifiable indicators 93

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1 Introduction

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MAHIKENG SUBSTATION

Figure 1: Proposed transmission line locality map

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1.2 Project infrastructure and specifications

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• 518h - Self Supporting Suspension Tower

• 520b - Guyed-V Suspension Towers

• 529a - Cross-Rope Suspension Towers

• 515b - Guyed-V Suspension Towers (Preferred by BPC)

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2 Methodology

The methodology adopted in preparing this RPF was consistent with the requirements of the IFC and relevant Botswanan Legislation. Affected households and properties were determined from the field surveys as well as a census of the persons affected by project components to be constructed. Social data of affected persons were obtained through interviews, meetings and questionnaires.

Households and communities residing or owning assets in either of these reserves (or in the areas earmarked for surface infrastructure) will therefore experience physical and/or economic displacement as a result of the project. In addition, construction activities may cause a temporary disruption in access and communities’ daily movement patterns from one side of the transmission route to the other.

In order to address such impacts, it was necessary to compile a RPF that conforms to the requirements of the Development Bank of South Africa, International Finance Corporation (IFC) Performance Standard 5 on Land Acquisition and Involuntary Resettlement (PS 5) as well as World Bank Operation

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Policy OP 4.12. The RPF has been prepared and sets out the general principles according to which resettlement planning and implementation for the proposed project will be undertaken. The objective is to guide the preparation of a Resettlement Action Plans (RAP) that will ensure that in future land acquisition and potential resettlement issues, all persons affected will be properly consulted, be provided with access to affordable grievance mechanisms and compensated properly and timeously at replacement cost or market value (which ever higher) for their losses, and provided with rehabilitation measures so that they are at least as well off as they would have been in the absence of the program. The main objectives of the RPF are to:

2.1 Desktop study

2.2 Consultations

Meetings and stakeholder consultations started in the scoping stage and continued throughout the process of compiling the RPF. Stakeholder engagement during scoping phase of the ESIA comprised consultations with various stakeholders including district authorities. Notifications for the meetings were made through the tribal administration office as well as newspaper advertisements. Community meetings were held between 17 July 2017 and 31 September 2017 in Botswana. The purpose of these meetings was to sensitise the project affected villages about the proposed BOSA project and to obtain any project related issues that would also feed into the ESIA process. Section 11.4 and the he Stakeholder Engagement Plan (Annexure 4 of the ESIA report) provides detailed information regarding stakeholder consultation.

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Meetings were widely published in newspapers and on notice boards along the route. In addition, the local tribal administration office was consulted prior to the meetings in order to inform the communities about the proposed project. During the sensitisation meetings, questions or queries from communities were discussed and uncertainties clarified.

2.3 Social survey

2.4 Criteria of identifying PAPs

2.5 Field survey

2.6 Census of PAPs

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census was undertaken together with a property survey and valuation exercise. Results of the census were compiled into in an MS Excel database, linked with the property valuation data.

a) Eligibility for Compensation The following categories are eligible for compensation:

In addition, consideration will be given to Article 17 of the IFC Performance Standard 5, which classifies displaced persons as persons:

Local legislation and practices must be taken into consideration when compiling the RAP.

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3 Project impacts and affected population Social survey of project impacts and affected populations

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3.1 Regional profile

Figure 2: Project locality

For a more detailed description of the above-mentioned corridors refer to the ESIA report.

Below section describes the socio-economic baseline of the project area in Botswana.

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Figure 3: Project locality in Botswana – study area in square

In 1966 Botswana gained independence from Britain and its district administration was formed by adapting their previous colonial administration framework. The Ministry of Local Government provides policy direction to local government, working through such services as Tribal Administration, Remote Area Development and Local Governance. Nine district councils and five town councils, including Gaborone City Council, are responsible for local administration in Botswana. District commissioners appointed by central government have executive authority. The Department of Local Government Technical Services develops and maintains roads, village water supplies, schools, municipal and recreational facilities3. Botswana has a total population, according to the Population & Housing Census 2011, of 2,024,904, which consist of 988,957 males and 1,035,947 females.

3 Commonwealth Education Online, http://www.commonwealthofnations.org/sectors- botswana/government/regional_local_government/

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The proposed development falls within the Kgatleng and South-East Regions in Botswana, which are located in the south-eastern part of Botswana.

Kgatleng District covers an area of 7,600 km2 and the administrative capital of Kgatleng is Mochudi and was originally founded in 1871 as the capital of the Bakgatla tribe.4 Kgatleng District has no sub-districts.

4 http://www.kgatlengdc.gov.bw/index.php?id=12 5 Botswana is one of the very few countries with a single Development Code that is applied in the whole country. As presently constituted, the Development Control Code of 1995 is applicable in urban and rural settlements that are Declared Planning Areas. It is legally enforceable in Planning Areas under the Town and Country Planning (General Development Order), 1980 paragraph 7(2).

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Figure 4: Mochudi - Botswana

Figure 5: Districts affected - Botswana

3.2 Demographics

The demographics of the affected districts in Botswana were investigated, in order to learn more about the potentially impacted population’s characteristics.

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The population of Botswana is largely concentrated in the eastern part of the country. Botswana's main ethnic groups are Tswana/ Setswana and Kalanga. Other groups of ethnicities in Botswana include whites and Indians, both groups being roughly equally small in number. Table 3 below shows the population size and distribution by locality type. The South-East District has a total population of 85,014 with 86% of its population living in the urban centres. Kgatleng District has a total population of 91,660 with 61% living in the urban centres and 39% living in rural settlements.

Table 3: Distribution of population by locality type, Botswana 2011

Urban Rural Total

South East 72,912 12,099 85,014 Kgatleng 56,170 35,490 91,660

Most of the population, according to Table 4 below, living in the South-East and Kgatleng Districts are Batswana while only 8% and 5% of the population living in the districts are non-Batswana.

Table 4: Distribution of population by citizenship, Botswana 2011

Batswana Non-Batswana Total

South East 77,852 7,162 85,014 Kgatleng 87,426 4,234 91,660

3.3 Language

In Botswana, Setswana is the national language and English is an official language. Setswana is the first language for the majority of people living the South-East and Kgatleng Districts. As per Table 5 below, 88% of people in the South-East and 94% of people in the Kgatleng District speak Setswana.

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Table 5: Distribution of numbers of persons aged two years and older by language spoken; Botswana 2011

South East Kgatleng

Setswana 71,324 81,594

English 3,738 1,453

Sekalanga 1,219 638

Shekgalagadi 407 181

Afrikaans 334 74

Ndebele 871 835

Zezuru / Shona 2,681 1,975

Seherero 111 124

Other African languages 164 91

Other European languages 224 111

Other Asian language 67 56

Other 189 30

Not stated 222 9

Total 81,551 87,171

3.4 Education

In Botswana, there are ten years of compulsory education starting at the age of six. Primary school comprises seven years and secondary five6. Table 6 below is a summary of the distribution of the population aged twelve years and over that ever-attended school, per sex and highest level of education. According to the 2011 statistics, 27% of the population, both for the South-East and Kgatleng District, aged twelve years and over, have attained Form 1 – 3 as the highest level of education. A further 23% of the population in the South-East District and 14% of the population in the Kgatleng District, aged twelve years and over, have attained Form 4 – 6 as the highest level of education.

Table 6: Distribution of Number of Population Aged Twelve Years and Over That Ever-Attended School per Sex and Highest Level of Education; Botswana 2011

South East Kgatleng

Male Female Total Male Female Total Educational 4,996 4,353 9,349 8,746 6,463 15,209 attainment for 12 Pre-school 803 869 1,672 727 722 1,449

6 http://commonwealthofnations.org/yb-pdfs/botswana_country_profile.pdf_Education

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Form 4 – 6 6,953 7,967 14,920 5,028 5,667 10,695 Educational level 1,550 1,466 3,016 142 117 259 unknown Total 31,198 34,045 65,243 36,905 38,985 75,890

3.5 Current economic activity

Botswana has benefited from a stable social structure and a wealth of natural mineral resources; it has an unbroken record of parliamentary democracy and one of Africa’s highest sustained records of economic growth since independence. However, the economy is dependent on mining and agriculture, and has had to cope with the vagaries of the diamond market and frequent droughts7. 53% of the population aged 12 years and over are economically active in the South-East District, 13% are actively seeking work and a further 27.3% of the population are seen as students. 50% of the population aged 12 years and over in the Kgatleng District are economically active, another 11.6% of the population are actively seeking work and 23.2% are in the student category.

3.6 Household Agriculture

Botswana's agricultural potential is, unarguably, limited, even though it is still one of the main economic drivers of the country. The Kalahari Desert occupies a large area of the country, and recent regional droughts have not helped the areas where rain-fed agriculture is the norm8. In Table 7 and Table 8 below an indication is given of the main livestock and crops farmed by households in the South-East and Kgatleng Districts. Cattle, goats, poultry and donkey/ mules are the main livestock owned by households in both districts. Raising cattle has long been the most profitable farming activity in Botswana. The beef industry is well established, and over 95% of production is exported, much of it to Europe9.

With dry red/sandy soil across much of the country and low rainfall, Botswana’s land is generally unsuitable for crops and many foods are imported. However, a narrow corridor on the south-eastern side of the country (leading down to the Shashe, Limpope and Marico rivers) is more suitable for agriculture. This is where most of the population lives10. The main crops planted by households in the South-East and Kgatleng Districts are maize, beans, sweet reeds and sorghum.

Table 7: Distribution of Number of Households by Type of Livestock Owned

South East Kgatleng

Cattle 5,213 9,018 Goats 4,912 7,439

Sheep 100 117 Pigs 337 289

7 http://commonwealthofnations.org/yb-pdfs/botswana_country_profile.pdf_Economy 8 http://www.new-ag.info/en/country/profile.php?a=845 9 http://www.new-ag.info/en/country/profile.php?a=845_Beef and Diary 10 http://www.our-africa.org/botswana/climate-agriculture

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Poultry 5,583 10,494 Donkeys/ Mules 1,170 2,282 Horses 236 359 Ostrich 36 31 Game 114 85 None 14,328 9,864 Total households 9,613 14,873

Table 8: Distribution of Number of Households by Type of Crops Planted

South East Kgatleng

Maize 4,374 7,819

Millet 350 803 Sorghum 1,661 3,338 Beans 3,458 6,350 Water melons 127 825 Sweet reeds 2,541 4,359 Other 24 103 Other plants 11 31 None 13,275 8,733 Total 23,983 24,890

3.7 Land Tenure

According to the Kgatleng District Development Plan 6: 2003 – 2009, Kgatleng District was declared wholly communal, with no other tenure, neither freehold nor state land by the Government White Paper on the Tribal Land Grazing Policy of 1975. Table 9 below show the various land uses in square kilometres and as a percentage. According the Mochudi Planning Area Development Plan, the land in the planning area is being allocated under both customary and common law.

Table 9: Land Use Types in Kgatleng

Types of Land Use Area (Km2) % Agriculture and Settlement

Communal Grazing 3281.54 43.18 Arable Farming 524.94 6.91 Mixed Farming 1035.25 13.62 Settlements 2725.00 35.85 7566.73 99.56 Gazetted Roads 13.19 0.17 Non-Gazetted Roads 19.34 0.26 32.53 0.43

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Industrial Pilane 0.74 0.01 Total 7600 100

Source: Regional Agricultural Office 1999

The South-East District comprises mainly of communal land, with other tenure, such as freehold lands and state land. Tlokweng which is the closest village to the proposed project forms part of the Greater Gaborone Structure Plan (GGSP). The plan proposes demarcation of plots in the outskirts of Tlokweng, the direction of expansion is as per the GGSP proposal. The Land board has begun implementing this plan, and growth of the village is expected to be rapid because of the economic potential of the village and it being one of the villages with the highest population growth in the area. The proposed project affects the Maboane farms which are under the Tlokweng Area, and is classified under communal land.

3.8 Household services

3.8.1 Water supply

Botswana has a high access rate to improved water sources, with more than 90% of the total population having access to an improved water source. Access to improved water supply has increased in both urban and rural areas. As stated in Table 10 below, 30.2% of housing units have access to piped water indoors, a further 39.9% of housing units have access to outdoor piped water. 14.8% of housing units have access to a communal tap and 4.9% of housing units utilise boreholes for their water supply.

In the Kgatleng District, the villages of Mochudi and its adjoining urban areas of Mmamashia, Modipane, Oodi get their water supply from Gaborone. The rest of the Kgatleng settlements including the river villages obtain their water supply from mostly boreholes, predominantly the Communal Fields. There is relatively greater shortage of water in the river villages than other villages, despite the close proximity to the Madikwe River. The government restricts access to the supply of water from Madikwe river in compliance with the TSWASA Treaty which was signed between South Africa and Botswana. Overall, 96.6% of the district’s households had access to improved water source through piped water outdoors, compared to 26.8 % households that had access to piped water indoors. Access to portable water by borehole followed at 8.1 % while access by neighbour’s tap was 4.8 %.

11 Botswana’s Infrastructure: A Continental Perspective. Cecilia Briceño-Garmendia and Nataliya Pushak

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For South-East District Council, The Department of Water Affairs carries out water supply in peri-urban villages and district capitals also known as major villages. Currently Water Affairs supplies major villages in the district namely Ramotswa and Tlokweng. Most farmers in the district rely on personal water supply, that is, boreholes and wells to mainly water livestock and to carry out some horticultural and poultry farming. Supply and distribution of water outside major villages is the responsibility of district councils.

Table 10: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Water Supply City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other cattle post locality type Piped 77,263 64,234 20,289 799 100 3,000 166,445 indoors Piped 52,345 119,563 43,144 1,407 296 858 219,795 outdoors Neighbors 3,137 15,186 11,708 136 44 93 31,067 tap Communal 8,129 14,994 43,964 470 1,502 865 81,393 tap Tanker 387 589 1,053 413 492 444 6,283 Well 15 26 153 88 643 39 5,100 Borehole 96 225 620 2 147 3,168 254 27,036 Rivers / 13 354 556 89 581 134 7,657 stream Dam / pan 13 27 103 103 350 1 3,949 Rain water 42 111 82 22 27 31 551 tank Spring - 71 61 - 2 4 200 water Other 510 211 42 8 43 1 1,439 Unknown - 2 - - - - 3 Total 141,950 215,593 121,775 5,682 7,248 5,724 550,918

3.8.2 Fuel for cooking

Table 11 illustrates that Census 2011 recorded that 17.8% of the housing units in Botswana utilise the electricity grid for cooking. 37.9% of the housing units use gas (LPG) for cooking and 41.9% use wood as the principal source of fuel for cooking. Only 1.7% of housing units use paraffin.

Table 11: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Cooking City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other locality cattle post type Electricity 39,388 44,843 11,239 1,078 84 1,097 98,005 grid

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Petrol 78 166 75 4 3 2 351 Diesel 123 174 105 10 26 35 497 Solar power 121 192 77 3 3 10 426 Gas (LPG) 87,194 94,487 22,444 805 132 2,768 208,748 Bio gas 1,397 2,802 727 29 7 59 5,064 Wood 9,134 68,829 85,566 3,705 6,943 1,617 226,925 Paraffin 4,137 3,389 1,032 34 41 113 9,178 Cow dung 32 100 234 3 5 6 410 Coal 56 82 52 - 3 - 202 Crop waste 22 46 23 1 - - 93 Charcoal 227 345 112 7 1 7 731

Other 41 137 88 3 - 9 285 Unknown - 1 1 - - 1 3 Total 141,950 215,593 121,775 5,682 7,248 5,724 550,918

3.8.3 Fuel for lighting

As per Table 12 below, more than 53% of the housing units in Botswana use electricity as the principal source of fuel for lighting, a further 30% of housing units use paraffin. 11% of housing units still use candles as the principal fuel source for lighting and 3.5% of housing units use wood.

Table 12: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Lighting City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other cattle post locality type Electricity 101,820 145,343 39,901 1,888 165 3,319 293,331 grid Petrol 186 241 174 42 31 35 830 Diesel 50 80 207 678 468 299 4,226 Solar power 166 451 1,089 167 120 87 2,784 Gas (LPG) 499 665 256 21 8 20 1,533 Bio gas 29 47 25 1 1 1 117 Wood 116 1 932 4 894 451 1 825 105 19,626 Paraffin 27,808 48,219 53,694 1,103 3,328 1,182 165,386

Candle 11,129 18,110 20,925 1,238 1,139 628 60,663 Other 147 504 610 93 163 48 2,421 Unknown - 1 - - - - 1 Total 141,950 215,593 121,775 5,682 7,248 5,724 550,918

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3.8.4 Fuel for heating

Table 13 below shows that just less than half of the housing units in Botswana use wood as the principal fuel source for heating (47.7%). 33.6% of the housing units do not use any fuel source for heating. Only 16.75% of housing units use electricity as the principal source of fuel for heating.

Table 13: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Principal Source of Fuel for Heating City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other cattle post locality type Electricity 44,391 35,951 8,874 724 45 2,051 92,300 grid Petrol 118 243 89 3 10 6 505

Diesel 18 53 53 5 5 3 157 Solar power 124 345 190 11 6 11 749 Gas (LPG) 2,648 2,239 573 60 8 46 5,626 Bio gas 87 131 65 5 6 4 307 Wood 21,490 90,115 88,741 4,049 6,702 2,090 262,583 Paraffin 375 468 328 12 39 15 1,416 Cow dung 10 66 167 1 1 1 260 Coal 195 340 135 18 8 1 742 Charcoal 262 422 116 7 - 9 846 None 72,201 85,009 22,392 786 418 1,484 185,121 Other 31 210 52 1 - 2 304

Unknown - 1 - - - 1 2 Total 141,950 215,593 121,775 5 7,248 5,724 550,918

3.8.5 Type of toilet facilities

Table 14 reflects that in the case of sanitation, Botswana has managed to improve service options by moving people from traditional to improved latrines and by increasing access to flush toilets, therefore reducing the practice of open defecation. Even though these improvements are significant, access to flush toilets is still at 34.1%.

Table 14: Distribution of Number of Housing Units for: Town, Urban and Rural (Small Villages and Other Localities) Areas by Type of Toilet Facilities City / town Urban Rural Freehold Mix of Camp or Total village village farm lands and other cattle post locality type Own 72,790 131,113 65,601 1,413 881 2,802 281,062 Flush toilet 65,928 54,001 15,200 967 115 2,316 139,057 VIP 920 5,645 3,115 27 29 21 10,063

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Pit latrine 5,870 71,159 46,781 379 697 465 130,415 Dry 72 308 505 40 40 - 1 527 compost Shared 66,816 64,682 17,699 1,958 342 2,220 156,264 Flush toilet 25,004 16,392 3,249 906 77 1,562 47,371 VIP 3,748 3,028 853 38 21 39 7,876 Pit latrine 38,011 45,148 13,371 998 220 601 100,450 Dry 53 114 226 16 24 18 567 compost Communal 504 1,536 1,529 163 115 321 4,491 Flush toilet 215 156 61 58 26 107 637 VIP 43 124 49 3 - 1 234

Pit latrine 238 1,180 1,250 101 79 209 3 279 Dry 8 76 169 1 10 4 341 compost Neighbours 922 11,612 13,979 39 100 29 27,411 Flush toilet 187 342 143 5 3 11 696 VIP 71 494 492 - 2 - 1,097 Pit latrine 664 10,737 13,254 34 95 18 25,474 Dry - 39 90 - - - 144 compost None 918 6,649 22,967 2,109 5,810 352 81,689 Unknown - 1 - - - - 1

Total 141,950 215,593 121,775 5,682 7,248 5,724 550,918

3.9 Identification of social impacts

3.9.1 Predicted impacts

A Social Impact Assessment was undertaken as part of the ESIA. A summary of the findings from the SIA, as included in the ESIA, are detailed below.

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there will be anticipated positive impacts for local micro, small and medium enterprises and increased availability of electricity.

The pre- and post-mitigation ratings assigned to the various impacts discussed are summarised in the Table 14 below and graphically represented in the figures below. In the figures, the entries in the various coloured cells correspond to the codes given for impacts in the second column of the table.

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Table 15: Pre- and post-mitigation impact ratings

Legend

Significance: Negative Positive Very high High Moderate Low Very low

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Figure 6: Impact rating pre- and post-mitigation and maximisation measures

Positive impacts include temporary and permanent creation of employment opportunities as well as associated economic benefits and possible creation of opportunities for local sourcing of goods and services as well as anticipated positive impacts on local micro, small and medium enterprises and increased availability of electricity.

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4 Legal and policy framework

There is no specific legislation in Botswana that addresses resettlement per se but some aspects that have a bearing on resettlement are covered by more general legislative instruments.

4.1 Objectives and basic terms for preparation of the Resettlement Action Plan 4.1.1 Impacts, land acquisition and resettlement

Based on the nature of the project it is inevitable that activities will lead to either land acquisition and/or denial of, restriction to or loss of access to economic assets and resources and therefore, ultimately to the land acquisition and compensation and, possibly, resettlement of people. It is envisioned that only small numbers of people and areas will be impacted by project activities. When this occurs, relevant provisions in the legislation for the Botswana Government (See Section 4.6 and 4.7) as well as the Development Bank of South Africa (DBSA) Environmental & Social Safeguard Standard 3 on Involuntary Resettlement, World Bank Operational Policy (OP) 4.12 and International Finance Corporation (IFC) Performance Standard (PS) 5 on Land Acquisition and Involuntary Resettlement will apply.

4.1.2 Resettlement preparation and implementation

The resettlement policy framework establishes the resettlement and compensation principles, organisational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project. The RPF is prepared according to the standards of the Botswana governmental legislation and policy on resettlement and compensation as well as World Bank OP 4.12 and IFC Performance S 5. If BPC and Eskom wish to apply for funding from the Equator Principles Financial Institutions, (EPFIs), then apart from compliance with the relevant legislation and guidelines listed above, they will have to also conform to appropriate Equator Principles. Furthermore, compliance with the set principles will clearly indicate their commitment to sustainable development.

Compiled in accordance with the World Bank OP 4.12 (attached as Annexure 1), this RPF will cover the following sections: • Background and project description;

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• Principles and objectives governing resettlement and compensation preparation and implementation; • A description of the process for preparing and approving resettlement and compensation plans; • Land acquisition and likely categories of impact; • Eligibility criteria for defining various categories of project affected persons; • A legal framework reviewing the fit between the laws and regulations of Botswana and DBSA, World Bank/ IFC policy requirements and measures proposed to bridge any gaps between them; • Methods of valuing affected assets; • Organisational procedures for the delivery of entitlements, including, for projects involving private sector intermediaries, the responsibilities of the financial intermediary, the government, and the private developer; • Description of the implementation process, linking resettlement and compensation implementation to civil works; • Description of grievance redress mechanisms; • Description of the arrangements for funding resettlement and compensation, including the preparation and review of costs estimates, the flow of funds, and contingency arrangements; • A description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and • Arrangements for monitoring by the implementation agency and, if required, by independent monitors.

4.2 Principles and objectives governing resettlement preparation and implementation 4.2.1 Basic principles of the resettlement programme

The Resettlement Policy may be triggered because the project activity requires land acquisition, namely: a physical piece of land is needed and people may be affected because they are cultivating on that land, they may have buildings on that land, they may use the land for water and grazing of animals or they may otherwise access the land economically, spiritually or any other way which may not be possible during and after the project is implemented.

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Therefore, people will be compensated appropriately for their loss (of land, property or access) either in kind or in cash, of which the former is preferred. The laws for resettlement and land acquisition for Botswana set procedures for compensation while acquiring land from citizens. Relevant Botswana laws, as detailed in Section 4.6 and 4.7, and the World Bank’s OP 4.12/ IFC PS 5 as well as Equator Principles should be adhered to.

4.3 Objectives of the Resettlement Policy

12 Below Poverty Line is an economic benchmark and poverty threshold used by the government to indicate economic disadvantage and to identify individuals and households in need of government assistance and aid. It is determined using various parameters. Internationally, an income of less than $1.25 per day per head of purchasing power parity is defined as extreme poverty.

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4.4 International guidelines on involuntary land acquisition and resettlement 4.4.1 International Finance Corporation (IFC) Performance Standard 5

Performance Standard 5 further describes a Resettlement Policy Framework (RPF) as a document drafted by the company or other parties responsible for resettlement, specifying the procedures it will follow and the actions the company will implement to properly resettle and compensate affected people and communities. The RPF is the company’s commitment to financial institutions and to the affected people that it will meet its obligations arising from involuntary resettlement.

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4.4.2 World Bank Operational Policy-OP 4.12

4.5 Guiding principles for resettlement planning and implementation

The principles are consistent with international involuntary resettlement safeguards, while also acknowledging Botswana policies and legislation.

4.6 Review of the legislation in Botswana governing land acquisition and resettlement

The following section outlines the main legislation related to land acquisition and resettlement in Botswana. Land administration in Botswana controlled by the following acts:

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• Land Control Act (Chapter 32:11); • State Land Act (Chapter 32:01); • Tribal Land Act (Chapter 32:02); • Town and Country Planning Act (Chapter 32:09); and • Electrical Supply Act (Chapter 73:01).

4.6.1 Land Control Act (Chapter 32:11)

4.6.2 State Land Act (Chapter 32:01)

4.6.3 Tribal Land Act (Chapter 32:02)

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Section 33 Privately Owned Customary Rights

With reference to the BOSA Transmission Interconnection Project, the land board can require the occupier to vacate the land, and any person who is required to vacate land under the provisions of subsection (1) may be granted the right to use other land, if available, and shall be entitled to adequate compensation taking into consideration: • The value of any standing crops taken over; • The value of any improvements effected to such land, including the value of any clearing or preparation of land for agricultural or other purposes; • The costs of resettlement; and

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• The loss of right of use of such land.

Section 34 Other Privately-Owned Rights

4.6.4 Town and Country Planning Act (Chapter 32:09)

4.6.5 Electrical Supply Act (Chapter 73:01)

There is a 28 days period in which the recipient of such notice has to object to the Minister of Land Management, Water and Sanitation Services.

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Before making any decision or order in terms of this section, the minister shall give to all parties concerned an opportunity of making representations, either in person or in writing.

4.6.6 Botswana Power Corporation Act (Chapter 74:01)

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Section 24. Compulsory Acquisition of Land

Section 25. Resettlement Measures

Section 26. Compensation for Loss or Damage

4.7 Comparison of national legislative framework and the IFC Performance Standard 5 on Involuntary Resettlement

Perhaps the most notable difference between the Botswana legislation precedent and international best practice is the degree to which unregistered Project Affected Persons (PAPs residing or running unregistered shops on rent are to be dealt with and income streams are restored. A second potentially

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difficult issue relates to the World Bank/ IFC requirements that compensation be at replacement value and not market value. In many instances, replacement value is greater than market value. Table 16 below provides a summary of the comparison between Botswana Legislation and IFC requirements.

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Table 16: Summary of the comparison between South African and Botswanan legislation and the IFC requirements

Category Botswana legislation IFC Performance Standard 5 All occupants, regardless of the legal status under which they occupy land, and including Eligibility “Right holders” both “physically-displaced” and “economically- displaced”. The cut-off date is the date of completion of the census and assets inventory of persons affected by the project. Persons occupying the project area after the cut-off date are not eligible for compensation and/or resettlement assistance. Cut-off date No specific provision Similarly, fixed assets (such as built structures, crops, fruit trees, and woodlots) established after the date of completion of the assets inventory, or an alternative mutually agreed on date, will not be compensated. Developer or project to Strongly favours in-kind compensation, Cash and in-kind pay compensation in cash including provision of replacement housing and compensation or in-kind replacement land with security of tenure. Market value, determined Calculation of by the District Land Board At “full replacement cost”. compensation Authorities Compensation Compensation is largely All affected persons are entitled to some form of based on the right directed at the “legal” compensation whether or not they have legal of ownership owners of land or rights title. Provision under Land Control Act (Chapter Consultation with 32:11) Section 5. PAPs and host Mandatory.

communities Provision under EIA Act (2011) Section 7 Assumed to be part of Resettlement overall calculation with Mandatory. assistance respect to market value Affected populace as project No specific provision Seen as desired project spin off. beneficiaries

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5 Inventory of affected assets

5.1 Introduction

5.2 Undertaking inventory of affected assets

5.2.1 Survey planning

5.2.2 Questionnaire design

Data collection during the survey was undertaken by means of structured interviews guided by a questionnaire (see questionnaire used in A&I survey in Appendix A). Responses from respondents as

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5.2.3 Enumeration

Aurecon and RPM staff members who had previous experience in conducting social as well as asset and infrastructure surveys, conducted the surveys. The surveys were conducted between 09 and 20 October 2017 in Botswana. In Botswana, responses were recorded on the questionnaires and completed questionnaires were collected daily. Questionnaires checked by the RPM supervisor for quality assurance in Botswana. Enumerators and the fieldwork supervisor worked under the guidance and with the support of the social research team leader for the duration of the survey.

5.2.4 Data processing

5.2.5 Data analysis, consolidation and reporting

5.3 Challenges

The following challenges were experienced during fieldwork:

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• Households took a long time to provide personal documents such as IDs;

• Some of the household heads were not readily available and the team had to go back at night to complete the questionnaire and this became a safety risk;

• Some of the household heads refused to cooperate fully;

• Some of the households could not identify graves of their late family members and this delayed the process of graves audit; and

• Most of the graves are unmarked, making it difficult to find the family.

5.4 Key results

126 farms directly 66 farms not fenced affected

18 farms 60 fenced farms with structures

Household information (identification)

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live on the farms on a temporary basis. None of the households were child headed and none of the households interviewed have disabled children or adults as part of the household.

Demographic information

Dwelling type (residential and other structures)

Access to water and energy

Out of the twenty-people interviewed, eighteen people use paraffin for lighting, one use candles while other use charged led lamps. All the people interviewed use fire wood for cooking.

Land and agriculture

Business enterprise

Only one household, which is household 125, ran a business enterprise. They sold vegetables to Mochudi shops.

Health and nutrition

None of the households had anyone suffering from malnutrition and other diseases.

Household income and expenditure

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mentioned that they get their other income from casual employment while the rest of the people interviewed had no second source of income. One person interviewed mentioned that they spend most of their income on transport and clothing while five mentioned that they spend most of their income on food and personal items.

Social networks

Needs analysis

Graves

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6 Compensation Framework

The RPF Compensation Framework specifies all forms of asset ownership or use rights among the population affected by the project and the project’s strategy for compensating them for the partial or complete loss of those assets. The Compensation Framework includes a description of the following: • The methodology that BPC will use to value losses; • The proposed types and levels of compensation to be paid; • Compensation and assistance eligibility criteria; and • How and when compensation will be paid.

BPC should establish a method for delivering compensation (either cash payments or in-kind allocations, as in the case of land-for-land compensation). In most cases, BPC will be advised to collaborate with local government authorities in the distribution of compensation payments. Those eligible for compensation should be given advance notice of the date, time, and place of payments via public announcement. Receipts should be signed by all those receiving compensation payments and retained for auditing purposes.

The payment of compensation should be monitored and verified by representatives of BPC as well as representatives of the affected communities, through the RTT. It may be appropriate for BPC to engage the services of a registered auditing firm to monitor compensation payments.

6.1 Impact scenarios

Impact scenarios have been defined to denote the manner in which different types of assets may be affected by the project, depending on their physical location relative to the land-take areas defined in Section 3 below. These impact scenarios are graphically illustrated in Figure 7 below. The figure also indicates which impact scenarios are applicable to which asset types.

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Applicable to asset types:

1 2.1 2.2 3.1 3.2 4.1 4.2 4.3 4.4 5.1 5.2 5.3 5.4 5.5

Impact scenario:

Scenario A: Asset partially within temporary land A X X X X X X X X X X take area (TLTA), partially outside

Scenario B: Asset completely within TLTA B X X X X X X X X X X X X X X

Scenario C: Asset partially within permanent land C X X X X X X X X X X take area (PLTA), partially outside

Scenario D: Asset partially within PLTA, partially D X X X X X X X X X X within TLTA

Scenario E: Asset completely within PLTA E X X X X X X X X X X X X X X

Scenario F: Asset partially within PLTA, partially F X X X X X X X within TLTA, partially outside (on one side only)

Scenario G:

Asset bisected by land take areaa G X X X X X X X

Surface Surface footprint

Scenario H: infrastructure infrastructure

Asset partially within surface X X X X X X X X X X land take land take land take land take H infrastructure footprint

Scenario I:

Asset completely within surface I X X X X X X X X X X X X X X

Temporary Temporary area area infrastructure footprint Permanent

Figure 7: Impact Scenarios (IFC Handbook) 6.2 Compensation matrix

The compensation matrix presented in Table 17 below defines, for each asset type and applicable impact scenario, the beneficiary of compensation and the type of compensation for which he/ she will be eligible. In addition, BPC should ensure that eligibility criteria for relocation and cost recovery are not disadvantageous to women, whose incomes tend to be lower and less stable than those of men. Eligibility for relocation and the allocation of new sites should be made to the head of the household, male or female. Land titles, use-right agreements, or loan titles should, if possible, be registered in the name of husband and wife or in the name of the woman if she is the head of household.

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Table 17: Compensation matrix Party to be Asset type Impact scenario Description of compensation compensated 1 Homestead A, C, F, H Homestead head If less than 20% of homestead plot surface area is in a land-take area: plots (homestead plot • Cash compensation equal to replacement value13 of lost area. partially in a land- take area) If more than 20% of homestead plot surface area is in a land-take area, and sufficient land adjacent to the homestead plot is available: • Request traditional authority/ Communal Property Association (CPA) to allocate adjacent land, of equal area to the part of homestead plot that is in the land-take area, to the affected household head. • Replace any residential structure or outside toilet on the homestead plot if it is situated within a land-take area, as in 2.1 below. • Cash compensation at replacement value for any other structure on the homestead plot that is in a land-take area. • If the homestead plot is currently fenced: compensation as in 4.1 below. If more than 20% of homestead plot surface area is in a land-take area, and sufficient land adjacent to the homestead plot is not available: • Replacement of homestead plot, as for impact scenarios B, D, E, I below. Landowner Cash compensation equal to the replacement value of the additional/ replacement land allocated to the affected homestead head. (traditional authority or CPA) B, D, E, I Homestead head • Request traditional authority/ CPA to allocate a new stand, of equal area to the affected homestead plot, to the affected household head. (homestead plot • Replace any residential structure or outside toilet on the homestead plot, as in 2.1 below. completely in a land-take area) • Cash compensation at replacement value for any other structure on the homestead plot, as in 2.1 below. • If the homestead plot is currently fenced: compensation as in 4.1 below. Landowner As under impact scenarios A, C, F, H above. (traditional authority or CPA)

13 See List of Definitions.

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14 See List of Definitions.

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Adapted from an Entitlement Matrix out of the IFC Handbook for Preparing a Resettlement Action Plan, 2002

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6.3 Responsibility and schedule for compensation payments

6.4 Compensation entitlements

6.4.1 Land acquisition and key likely categories of impact

The project is not expected to result in major impacts on people, land, property, including people’s access to natural and other economic resources. Notwithstanding, land acquisition, compensation and resettlement of people may be necessary for the Botswana component of the project. The severity of impact, determines what the resettlement measures will be. For example, in the installation of transmission line or building structures, the impact would be linear. The entitlement matrix presented below is so designed to assist in the process of determining severity of impacts.

Table 18: Entitlement matrix

Eligibility Nature of impact Resettlement measure

Construction of new Plot/ land for infrastructure, Replace land and/or pay transmission line and linear impact compensation; Compensate for associated infrastructure other assets

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Auxiliary infrastructure required Plot/ land for infrastructure Replace land and/or pay as part of the project compensation; Compensate for other assets

6.4.2 People without formal rights

6.4.3 Addressing human rights

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6.4.4 Vulnerable groups

The IFC include special requirements for organising consultations and relocation assistance for vulnerable15 groups. During the census, it is necessary to identify vulnerable groups and assess their needs related to resettlement and relocation assistance. Vulnerable groups, as for all other affected people, must be engaged in meaningful consultations regarding resettlement options and assistance. However, consultation with vulnerable groups may require a special approach that will enable them to participate equally in the process (i.e. involvement of social workers, use of a different language, or carrying out the consultations in an accessible venue, for people with disabilities, at a particular time of day when e.g. affected single parents are available, etc.)

All vulnerable citizens have the right to once-off financial payments if they find themselves in a situation of sudden and temporary need, administered through assistance of RTT and to be determined by BPC at its own discretions. Vulnerable citizens also receive social welfare in the form of financial assistance or social services.

6.4.5 Equal rights

Men and women have equal rights in Botswana, including formal legal rights over properties. This RPF will ensure that compensation is shared between spouses according to title documentation or the appropriate Family Law. In addition, all programmes including those related to livelihoods restoration will be made equally accessible to both men and women.

15 Children, pregnant women, elderly people, malnourished people, and people who are ill or immunocompromised, are particularly vulnerable when a disaster strikes, and take a relatively high share of the disease burden associated with emergencies.

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7 Resettlement assistance and livelihood

The detailed socio-economic information obtained and discussed in Chapter 1 indicates the vulnerability of affected households. The assessment points to the low levels of education, low skills, and high unemployment among the members of households as well as competing needs. However, wherever possible, BPC should avoid or minimise the displacement of people by exploring alternative project designs (for example, realignment of the transmission line to bypass human settlements). Where displacement is unavoidable, BPC should plan and execute resettlement as a development initiative that provides displaced persons with opportunities to participate in planning and implementing resettlement activities as well as to restore and improve their livelihoods. The IFC recommends that project sponsors undertake the following actions on behalf of all affected people, including members of the host communities in which displaced people will be settled: • Inform affected people of their options and rights concerning resettlement. • Provide technically and economically feasible options for resettlement based on consultation with affected people and assessment of resettlement alternatives. • Whether physical relocation is required or not, provide affected people with prompt and effective compensation at full replacement value for loss of assets due to project activities. • Where physical relocation is necessary, provide assistance with relocation expenses (moving allowances, transportation, special assistance and health care for vulnerable groups). • Where physical relocation is necessary, provide temporary housing, permanent housing sites, and resources (in cash or in kind) for the construction of permanent housing—inclusive of all

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BPC are expected to undertake all land acquisition, provide compensation for lost assets, and initiate resettlement related to a specific project before that project commences. It is recommended that the implementation of resettlement activities be linked to the schedule of disbursements for project financing. In so doing, this will ensure that displacement does not occur before the sponsor has carried out the necessary measures for the resettlement of the affected people. In particular, the acquisition of land and other assets should not take place until compensation is paid and, where applicable, resettlement sites and moving allowances are provided to displaced persons.

As noted in the discussion of the compensation framework, BPC must be sensitive to the special needs of women and other vulnerable groups in the planning and implementation of resettlement and livelihood restoration. Men and women have different needs and opportunities for access to land, resources, employment, and markets.

7.1 Socio-economic assessment indicators

During the household survey, the issue regarding creation of employment opportunities was most frequently mentioned in the area. There is a widespread high expectation BPC should provide employment opportunities to the residents in the local area. Construction activities on the proposed line between Isang and Mahikeng substations will create a number of temporary employment opportunities. The magnitude of this impact is related to the number of construction workers to be employed, either by BPC itself or by contractors. It is recommended that local labour must be used as much as possible.

In addition to creating job opportunities for construction workers, the project may also lead to indirect employment creation in the informal sector, for instance in terms of food stalls for the convenience of construction workers. Additionally, more informal employment opportunities may be created through a multiplier effect from the project’s activities.

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7.2 Livelihood development and sustenance

Based on the socio-economic assessment, the following livelihood development initiatives are recommended to be considered during RPF implementation: • Make use of local labour as far as possible; • Liaise with local community structures to identify local labour pool; • Include conditions in construction contract to involve and train emerging BEE companies; • Proactively manage that recruitment is conducted via the employment forum and not within the project area; • Enlist services of appropriate experts for development of an appropriate livelihood Improvement and Sustenance Plan; • Enhance existing livelihoods as far as possible; • Develop Skills Transfer Plans that would enable a worker to move from one project to another within the same area/ region; • Implement methods to create HIV and STI awareness amongst construction workers; • Facilitate the establishment of a “Community Safety Committee” to monitor and control illegal squatting. The committee must consist of: o Representatives of the community relations departments of BPC and its counterparts in the area; o The local municipality; o Farmers Associations; o Local landowners; o Representatives of local community structures; and o Local police and the Community Policing Forum. • Align social investment strategies with municipal development; • BPC employees who receive living-out allowances should be required to provide proof that this allowance is used for formal accommodation; • Additional security must be provided during this period by the contractors, which should be integrated with existing farm /community security systems; and • Align awareness campaigns with those of other organisations in the area (i.e. the Local Authority, armers etc.)

7.2.1 Resettlement assistance

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• Female-headed households; • Pregnant and lactating women; • Mentally and physically challenged (including amputees); • Orphans; • Infirm; and • Elderly.

7.2.2 Community-based resettlement assistance

7.2.3 Transportation of registered PAPs

7.2.4 Information and sensitisation

A clear and coherent information and sensitisation campaign is a crucial component of the resettlement process. Lack of clarity or inconsistency in information provision runs the danger of exposing government and non-government staff to security risks and of impeding the smooth flow of the resettlement process. The central aim of the information and sensitisation campaign is to ensure that the wider public, particularly all PAPs are informed about: • Safety status of their intended resettlement area; • Procedures for the phasing-down of affected informal settlements as presented in the Resettlement Strategy; and • Entitlements and support services provided within the resettlement programme procedures and designated areas for accessing entitlements.

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The information campaign is the responsibility of BPC, who must work closely with the RTT. The campaign will make use of existing information dissemination and consultation mechanisms within the local municipality and the wider communities, making use of indigenous information networks at the appropriate-level for supporting resettlement. The use of other media, such as radio, will also be employed.

7.3 Recommendations

Furthermore, new construction workers in the area must refrain from abusing resources and infrastructure of the existing adjacent communities. There should be closer cooperation between the affected municipalities, Farmers Associations in the area, BPC in order to ensure that identified negative impacts are dealt with in a coordinated manner. This information should be conveyed to all relevant construction workers and affected communities.

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8 Budget

Funds for implementing inventory assessments and resettlement action plans will be provided by the Project implementing agent (PIA) on behalf of BPC. In general, the cost burden of compensation will be borne by the project sponsor through the implementing agency for resettlement implementation appointed by BPC.

The detailed budget must be developed by BPC once the valuation of the project affected properties has been undertaken. The RAP budget should be linked with a detailed implementation schedule for all key resettlement and rehabilitation activities

8.1 Cost Estimate (Order of Magnitude)

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9 Implementation schedule

It is commonly understood that the involuntary displacement of people may give rise to severe economic, social, and emotional distress on the part of those who are relocated. There is no specific legislation in Botswana that addresses resettlement per se but some aspects that have a bearing on resettlement are covered by more general legislative instruments. These instruments must be considered to limit adverse effects where resettlement is necessary. These instruments should be utilised in conjunction with this Policy, IFC and World Bank Policy.

The purpose of these guidelines is to lay the foundation by which resettlement can be carried out with regard to the project. Any involuntary resettlement, including any land acquisition needs to be identified and considered at the earliest stages of project design, and should be addressed from the earliest stages of project preparation. It is assumed that land acquisition and resettlement will be necessary and to this end the policies highlighted in this RPF should be followed. For Botswana, the legislation identified in Section 4 as well as the World Bank policy will be utilised.

The resettlement implementation schedule should be synchronized with the overall project implementation schedule. Below is an example of an implementation schedule.

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Tasks Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9

Adapted from an Implementation Schedule, out of the IFC Handbook for Preparing a Resettlement Action Plan, 2002

9.1 Resettlement responsibilities

9.2 Resettlement principles

In the resettlement of any person or business, the World Bank policies will be followed as well as the RPF principles and principles as set out in relevant Botswanan legislation.

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9.3 Timeframes

9.4 Linking resettlement implementation to civil works

PAPs will need to be compensated, in accordance with this RPF and subsequent compensation framework, before work on the project can begin.

For activities involving land acquisition or loss, denial or restriction to access of resources, it is required that provisions be made for compensation and for other assistance required for relocation, prior to displacement. The assistance that BPC needs to provide includes provision and preparation of resettlement sites with adequate facilities.

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10 Description of organisational responsibilities

The entities that will play significant roles in the resettlement process include the Programme Manager, Resettlement Implementation Team and a Resettlement Task Team (RTT), local authorities (statutory and customary), as well as BPC. This chapter sets out the relationship between these various entities, as well as the roles and responsibilities of each.

A RTT will be established by the resettlement implementation team, as part of the resettlement planning process and will be responsible for planning and coordinating resettlement activities. The RTT will include representatives of resettlement-affected households, local authorities (statutory and customary), RPF implementation team as well as BPC. The RPF implementation team will be made up of representatives from BPC as well as appointed resettlement specialist. The RTT will be a two-level structure comprising a set of local RTTs and an umbrella RTT made up of representatives from local RTTs.

10.1 Programme manager

The Resettlement Implementation Programme Manager (PM) has overall responsibility for achievement of resettlement goals. The PM is responsible for receiving regular reports on resettlement implementation progress, including reasons for any delays or variation from the RPF, as well as proposed corrective actions. The PM will provide status reports to BPC management, lenders, and stakeholders, as required. The PM may commission input advice from specialist advisors as required.

10.2 Resettlement team coordinator

10.3 Resettlement advisor

The RAP will be reviewed by an expert advisor who will provide high-level input and guidance prior to documents being endorsed for distribution and implementation.

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10.4 Local-level resettlement task teams

The RTT will be the main mechanism for engaging the resettlement-affected persons and communities16. The members of the resettlement-affected communities, who will be nominated to sit on the local-level RTTs, will have the following responsibilities: • Ensuring the concerns and viewpoints of affected persons and households regarding resettlement and compensation measures are accurately represented on and disclosed to the RTT; • Participating in negotiations and planning with regards to compensation and resettlement measures; • Accurately indicating the agreement or disagreement with proposed compensation and resettlement measures and, in case of the latter, proposing viable alternatives; • Accurately and regularly providing feedback to the broader community – and particularly to other resettlement-affected households – on resettlement/ compensation negotiations and the resettlement/ compensation process in general; • Nominating members of their group to represent them at meetings of the relevant umbrella RTT, and providing feedback to the local-level RTT and resettlement-affected persons/ communities in general of activities and decisions at the umbrella RTT; and • Providing a channel of communication between the resettlement implementation team and the resettlement-affected community during the implementation of resettlement and compensation – e.g. by helping to ensure that the RTT is notified of grievances or disputes, that feedback is provided to the relevant parties on steps taken to resolve such grievances or disputes, etc.

10.4.1 Representative of local authority

16 A resettlement-affected person is defined as any individual or household who will need to be relocated or will have one or more of his/her assets displaced or otherwise affected by the construction or operation of the BOSA Project. (International Finance Corporation (IFC) Performance Standard 5 on Land Acquisition and Involuntary Resettlement)

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10.4.2 Representatives of traditional authorities or Communal Property Associations

10.4.3 Resettlement Implementation Team

The resettlement implementation team comprise of BPC representatives, the RTC, as well as appointed resettlement implementation specialist and will have the following key responsibilities: • Chair all local-level RTT meetings; • Provide secretarial services which include among others: taking minutes and formally distributing these minutes to all stakeholders; • In consultation with RTT members, determine the dates, times and locations of future RTT meetings, and distribute an agenda for each meeting to RTT members; • Consider the prepared compensation framework outlining proposed resettlement and compensation measures, and present this to the RTT in such a manner that all members understand its contents and implications; • Recording recommendations of the local-level RTT with regards to proposed changes to the Compensation Framework and/ or other matters related to resettlement or compensation; • In cases where the local-level RTT is unable to reach consensus regarding its recommendations, and some members have a well-motivated alternative recommendation, formally recording these alternative viewpoints as “minority reports”; • Where relevant, advising on the feasibility and sustainability of RTT recommendations; • Providing feedback to the BPC and the engineering teams on the deliberations of the RTT, particularly where these may affect broader project planning and implementation;

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10.4.4 BPC representatives

The responsibilities of the representatives of BPC on the RTT include: • Ensuring that the land acquisition process being undertaken by BPC is adequately considered during the deliberations of the RTT and during the design and planning of resettlement and compensation measures; • Assisting the resettlement implementation team in providing feedback to BPC engineering teams on the deliberations of the RTT, particularly where these may affect broader project planning and implementation; and • Assisting the resettlement implementation team in ensuring the grievances or disputes lodged with the RTT are dealt with appropriately and timeously by the relevant parties.

10.5 Members of umbrella RTTs 10.5.1 Community representatives of constituent local-level RTTs

The responsibilities of members of the resettlement-affected communities who have been nominated to sit on the local-level RTTs include: • Presenting the views and recommendations of the local-level RTTs they represent to the umbrella RTT; • Considering the recommendations and viewpoints raised by representatives of other local-level RTTs, and cooperating with them in view of formulating consensual recommendations that will be recorded as such by the secretariat; • Where it is not possible for representatives of all local-level RTTs to reach consensus, formulating alternative viewpoints in the form a “minority report” that will be recorded by the secretariat; • Providing feedback to the local-level RTTs regarding the deliberations and decisions of the umbrella RTT, particularly where these pertain to recommendations of the RTT (i.e. proposed modifications or amendments to the compensation framework that will be submitted to BPC for consideration); • Once the formal recommendations of the umbrella RTT have been compiled and submitted to BPC for consideration, and the compensation framework has been modified to reflect those

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recommendations accepted by BPC, signing off on the final version of the compensation framework; and • Providing an ongoing channel of communication between different local-level RTTs regarding issues relevant to all of them.

10.5.2 Representatives of the local and district municipalities

10.5.3 Representative of TAs or CPAs

10.6 Resettlement implementation team

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• Collating inputs from representatives of the various local-level RTTs with regards to proposed changes to the Compensation Framework and/or other matters related to resettlement or compensation; • Where consensus can be reached between local-level RTTs regarding proposed changes to the Compensation Framework, recording these proposed changes as formal “recommendations of the RTT”; • Where the representatives of constituent local-level RTTs are unable to reach consensus regarding their recommendations, formally recording alternative viewpoints as “minority reports”; • Submitting recommendations of the RTT to BPC for consideration regarding their potential inclusion in the final compensation framework; and • Revising the Compensation Framework to reflect those recommendations of the RTT that are accepted by BPC, and presenting the final compensation framework to the RTT members.

10.6.1 BPC rrepresentatives

The responsibilities of the representatives of BPC on the RTT include: • Considering the formal recommendations of the RTT with regard to their potential inclusion in the compensation framework, taking into account the need for any modifications of the compensation framework to remain consistent with BPC policies and project objectives; and • Where recommendations of the RTT are considered acceptable, approving changes to the compensation framework to reflect these recommendations.

10.7 RTT meetings

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10.7.1 Quorum

10.7.2 Recommendations of the RTT

The RTT will provide advice and support to the resettlement implementation team. The formulation and approval of RTT recommendations will comprise a three-step process. First, recommendations reflecting consensus among members of a local-level RTT will be collated and presented to the relevant umbrella RTT. Next, recommendations tabled at meetings of the umbrella RTT that are acceptable to all members will be recorded by the resettlement implementation team (with well-motivated alternative viewpoints recorded as “minority reports”) and submitted to BPC for consideration. Finally, those recommendations accepted by BPC will be incorporated into the final version of the Compensation Framework to be submitted to the umbrella RTT for endorsement and BPC for approval and sign –off.

10.7.3 Allowances

Only community representatives participating in RTTs will receive an allowance of P300 in Botswana for each RTT meeting attended.

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10.7.4 Relationship between the RTT and other coordination bodies

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11 Framework for public consultation, participation, and development planning

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• Flexibility in terms of approach; • Independence and objectivity of the resettlement implementation team to be maintained.

Aurecon has initiated and developed a communication and engagement process for the project which has been updated throughout the project to remain flexible to the needs of the stakeholders.

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Consultation and stakeholder participation activities that have been undertaken in the Botswana section of the project area are detailed below. The initial stakeholder consultation and public participation processes were taking place during public meetings as part of the ESIA process. This process sought to make communities and stakeholders aware of the proposed project and afford them a formal opportunity to be part of the project process. Stakeholders were also given an opportunity to make inputs and raise issues of concern that should be considered in the project planning phase. The public meetings were held as follows:

In Botswana:

• This process was followed by an exercise that sought to establish contact with households and community leaders as part of social impact assessment (SIA) process. A socio-economic survey was administered to households randomly selected within the project footprint as well as potentially affected farmers. • This process started with obtaining contact details of community leaders/ representatives, local authorities and ward councillors so that they would be made aware of the proposed project. • Once a decision was taken pertaining to legibility of potential resettlement affected households, an asset and infrastructure survey for those identified households was then undertaken. The

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asset and infrastructure survey was undertaken between 09 and 20 October 2017 in Botswana. This survey sought to record all assets and infrastructures that would be lost to the project. • Making contact with local authorities for the municipal wards traversed by the transmission line, informing them of the project, and requesting their assistance in ensuring that local communities are aware of the project became part of the broader stakeholder consultation and public participation processes; • Follow-up meetings were conducted with some communities and landowners in order to address specific questions and concerns regarding the project; and • Information on assets along the transmission line was obtained and this exercise was also used as an opportunity to inform individual community members of the project through direct interaction (as opposed to reliance on community leadership structures to pass on the message). 11.5 Consultation and participation activities still to be undertaken include:

• Establishment of a resettlement task team (RTT), which is the primary mechanism for engaging resettlement-affected households and other relevant stakeholders in resettlement planning. It is understood that the RTT’s primary function will be to disseminate information about the resettlement and compensation process to affected communities (although not precluding individual consultations with individual affected households, which will take place during resettlement implementation). In order to avoid the creation of unrealistic expectations, the negotiation of compensation amounts and methods will be explicitly excluded from its mandate – although the RTT may be consulted in cases where more than one feasible option for compensation exists; • Focus group discussions to be held to obtain additional information and address the affected population’s concerns regarding resettlement; and • Consultation with individual resettlement-affected household heads (or their authorised representatives) to inform them of their compensation packages and to obtain their agreement on compensation amounts and means. 11.6 Notification procedure

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• That the proposal or plan may be inspected at the offices of the relevant local Authority during working hours; and • That PAPs may, by written notice, object to the transaction giving reasons for doing so, to the PIA with copies to the relevant Local Municipality and local Chief within 14 days of the first public announcement or appearance of the notice. Assurances must be made that affected persons have actually received this information and notification. 11.7 Public consultation mechanisms

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into account the low literacy levels prevalent in the rural communities, by allowing enough time for discussions, consultations, questions and feedback.

11.8 Promoting participation

The IFC Guideline for resettlement recommends that the developer must initiate and facilitate a series of consultations with project stakeholders throughout the planning and implementation of resettlement. The purpose of these consultations is to inform stakeholders about the project and its effects and to provide opportunities for people to voice their concerns and propose alternatives. Formal consultations should include BPC representatives, project managers, relevant government authorities, representatives of concerned NGOs and members of both displaced and host communities. Discussions should center on the effects of the project and measures to mitigate those effects. Because of discrimination within societies, women and members of other vulnerable groups may find it difficult to defend their interests in a public forum. For this reason, it is important for project management or the agencies responsible for resettlement planning and implementation to employ women and members of other vulnerable groups. These staff members can undertake outreach efforts, such as focus group consultation, to learn the concerns of vulnerable groups and convey them to resettlement planners and project managers.

11.9 Implementation phase

11.10 Conclusion

In conclusion, BPC through the PIA may employ a community liaison representative with a budget specifically for the facilitation and management of public consultation. However, if they choose to manage information disclosure and public consultation themselves, BPC must ensure that affected people have access to information about the project and opportunities to seek redress of grievances relating to the project. Project management must document its information disclosure and public consultation efforts. This documentation should identify who was consulted, what was discussed, and what follow-up was required.

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undertaken by PIA. Exact dates for this consultation cannot be determined at this stage as infrastructure planning and design, which may influence the scope of RAP, must still be considered.

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12 Provisions for redress of grievances

A grievance mechanism should be able to deal with most of the community issues that are covered by the IFC’s performance standards. Grievance mechanism requirements in relation to affected communities are explicitly stated with regard to security personnel (Performance Standard 4, Paragraph 13), land acquisition (Performance Standard 5, Paragraph 10), and adverse impacts on indigenous peoples (Performance Standard 7, Paragraph 9). BPC will be asked to design the mechanism according to the extent of risks and adverse impacts of the project. Impacts on communities are evaluated within the Social and Environmental Assessment for a project.

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12.1 What is grievance

The Good Practice Note17 defines a grievance as a concern or complaint raised by an individual or a group within communities affected by company operations. Concerns and complaints can result from either real or perceived impacts of a company’s operations, and may be filed in the same manner and handled with the same procedure. The difference between responses to a concern or to a complaint may be in the specific approaches and the amount of time needed to resolve it. The term “grievance” implies that there may be a problem. In practice, however, the nature of feedback that communities may want to bring to a company’s attention will vary, since communities often find it appropriate to use the same channels to communicate not only grievances but also questions, requests for information, and suggestions. Communities may even use these channels to convey what they think the company is doing well.

BPC should keep in mind that unanswered questions or ignored requests for information have the potential to become problems and should, therefore, be addressed promptly. It is good practice to respond to community feedback through the relevant pillars of community engagement, such as disclosure, consultation, and participation in project monitoring. For example, a question about specific benefits the project provides or intends to provide to women in the community can be forwarded to a community liaison or a staff member who specifically deals with gender matters, if such person has been appointed by the project. The person(s) who asked this question are then notified as to who will respond and by when.

12.2 Project-level grievance mechanism

17 IFC Good Practice Note: Addressing Grievance from Project Affected Communities. 2009. Available from available at http://www.ifc.org/ifcext/ sustainability.nsf/Content/Publications_ GoodPractice. Accessed on 19th August 2014.

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mediators and facilitators with sector- and country-specific expertise, and independent accountability mechanisms of public sector financiers.

12.3 Approach to grievance redress

12.3.1 Step 1: Publicising grievance management procedures

12.3.2 Step 2: Receiving and keeping track of grievances

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Receiving concerns and complaints

12.3.3 Step 3: Reviewing and investigating grievances

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Where an extensive investigation is required

12.3.4 Step 4: Developing resolution options and preparing a response

Developing resolutions options commensurate with the nature of the grievance

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Preparing and communicating clear response

If the claim is accepted, the response procedure would include two general steps:

In this project, it will be advisable that RTT is given space to deal with grievances from project affected people as well as communities and third parties.

Close out cases only when an agreement with complainants is reached

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12.3.5 Step 5: Monitoring, reporting, and evaluating a grievance mechanism

Tracking grievance statistics to ascertain effectiveness

Adapting the mechanism to correct effectiveness

The final objective of monitoring is to ensure that the design and implementation of the grievance mechanism adequately respond to the stakeholders’ needs in a cost-effective manner.

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Using monitoring results to report back

12.4 Resources needed to manage a grievance mechanism 12.4.1 Resources for grievance mechanisms

12.4.2 Who should be responsible for implementation?

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12.4.3 Involving third parties

Options for third party engagement

To have an effective project-level grievance mechanism, companies need to understand the roles of third parties before engaging them. For example:

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12.5 Grievance mechanisms needed for projects implemented by contractors

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13 Framework for monitoring, evaluation, and reporting

Monitoring, evaluation and reporting of the resettlement must be carried out during the whole process of land acquisition and the compensation to ensure that the objectives are met and successful implementation of the resettlement occurs. The monitoring must be carried out by both internal and external monitors to be appointed by BPC. The monitors must work together with established RTT for inclusive and meaningful monitoring evaluation and reporting. The monitoring process must ensure that all responsible implementing agencies follow the schedule and comply with the principles of the RPF.

Table 19 below provides a typical plan for monitoring, evaluating and reporting that can be followed or adapted as may be deemed necessary.

Table 19: Plan for monitoring, evaluating and reporting Responsible Frequency of Item Main activities institute monitoring Public consultation Consultation meeting with RTT and PIA Continuous the PAPs Database Updating census results PIA in consultation with Once during RAP RTT implementation

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There will be a need to carry out both internal and external monitoring to ensure complete and objective information and to avoid bias.

13.1.1 Internal monitoring

The resettlement implementation team will maintain, together with local officials, basic information on all physical or economic displacement arising from the sub-project. This includes an update, for example on a quarterly basis, of the following: • Number of sub-projects requiring preparation of a RAP; • Number of households and individuals physically or economically displaced by each sub-project; • Length of time from sub-project identification to payment of compensation to PAPs; • Timing of compensation in relation to commencement of physical works; • Amount of compensation paid to each PAP household (if in cash), or the nature of compensation (if in kind); • Number of people raising grievances in relation to each sub-project; and • Number of unresolved grievances.

13.1.2 External monitoring

External monitoring will be undertaken by an independent agency or consultant. These will have extensive experience in social surveys and resettlement monitoring. External monitoring will be done at

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least two years after completion of the construction phase. The civil society organisations may be involved in this exercise.

13.2 Monitoring measures

13.3 Indicators

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to be developed to respond to specific site conditions. Table 20 below provides a set of indicators which can be used.

Table 20: Types of verifiable indicators Monitoring Evaluation Outstanding compensation or resettlement Outstanding individual compensation or contracts not completed before next agricultural resettlement contracts. season. Communities unable to set village-level Outstanding village compensation contracts. compensation after two years. Grievances recognised as legitimate out of all All legitimate grievances rectified complaints lodged. Pre- project production and income (year before Affected individuals and/or households land used) versus present production and income compensated or resettled in first year who have of resettlers, off farm-income trainees, and users maintained their previous standard of living at of improved mining or agricultural techniques. final evaluation. Pre- project production versus present production Equal or improved production per household. (crop for crop, land for land).

13.3.1 Indicators to determine status of affected people

13.3.2 Indicators to measure RAP performances

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13.3.3 Indicators to monitor and evaluate implementation of RAPs

13.4 RAP monitoring plan

13.4.1 Performance monitoring

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13.4.2 Impact monitoring

Impact monitoring measures the effectiveness of the RAP and its implementation in meeting the needs of the affected population. Impact monitoring must be conducted by an independent external agency appointed by BPC. IFC highlights the purpose of impact monitoring as being to provide BPC or the resettlement implementation agent with an assessment of the effects of resettlement, to verify internal performance monitoring and to identify adjustments in the implementation of the RAP as required. It is recommended that where feasible, affected people should be included in all phases of impact monitoring, including the identification and measurement of baseline indicators.

13.4.3 Completion audit

This should be undertaken by independent third party to assess whether the outcome of the RAP complies with IFC Involuntary Resettlement Policy guidelines. The key objective of this external evaluation will be to determine whether BPC’s efforts to restore the living standards of the affected population have been properly conceived and executed. IFC guidelines indicate that the audit should verify that all physical inputs committed in the RAP have been delivered and all services provided. In addition, the audit should evaluate whether the mitigation actions prescribed in the RAP have had the desired effect. The socio-economic status of the affected population, including the host population, should be measured against the baseline conditions of the population before displacement, (as established through the census and socio-economic studies).

13.4.4 Socio-economic assessment

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monitoring post-resettlement impacts. A number of indicators (discussed above) will be used for measuring status of affected people.

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14 Conclusion and recommendations

Since one of the objectives in Botswana is sustainable development through creating job opportunities and growing the economy, it will be important that the sustainable livelihoods of affected communities are given high priority. BPC and the contractors need to give attention to households affected by the project in terms of employment, skills development and economic improvement during implementation of the project.

Green energy such as solar systems can play an important role as a source of energy during the roll- out process, due to the unavailability of electricity in the area. The socio-economic data of affected households that has been collected will assist BPC to make informed decisions regarding the resettlement of the affected households and relocation of their graves. It is recommended that there is adequate consultation with the affected households during the lifetime of the project, to minimise discontentment and promote good relations.

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Appendix A A&I Questionnaire

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Appendix B A&I data sheet – Botswana

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15 RPF Report Approval

This Resettlement Policy Framework Report is hereby approved as follows:

BPC

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This survey is part of the RAP socio-economic assessment for the BOSA Transmission Project, which is being undertaken by the Southern African Power Pool (SAPP) and DBSA. The SAPP in collaboration with DBSA (project funder) has identified Botswana-South Africa (BOSA) Transmission Interconnection project as one of the energy pool initiative. SAPP proposes to construct two 400kV transmission power line approximately 210 km and 60m apart, connecting the existing Isang 400kV substation in Botswana to the Watershed B area near Mahikeng. The SAPP is commissioning the BOSA Transmission Interconnection Project on behalf of the Botswana and South Africa’s electricity suppliers, namely Botswana Power Corporation (BPC) and Eskom respectively as they will be responsible for the operation of this transmission line after construction. The aim of the project is to alleviate the current electricity supply constraints and contribute towards energy security of supply in the long run.

The enumerator visiting you will ask you a number of questions about your household and the economic activities you engage in from time to time. We ask your participation in this survey and respectfully request that you answer ALL the questions to the best of your knowledge and ability.

All information will be treated as confidential. Please note that the surveys do NOT mean that you are affected by the project.

SECTION 1: HOUSEHOLD IDENTIFICATION Questionnaire no: ______

1.1 Community/ Village: 1.2 Chief: Photo nr:

Head of household Head of household 1.3 1.4 Male Female FULL Name contact number Is this a child headed 1.5 Yes No 1.6 Are there any disabled adults or children Adults Yes No Children Yes No household Name of Respondent ID Relationship to 1.7 1.8 1.9 respondent number head of household How do you characterize 1.10 Nr of household members: 1.11 How long have you lived in this area: 1.12 Permanent Temporary your homestead

1.13 Give reasons why you moved into this area Native to area Farming Business opportunity Other (Specify)

1.14 Where did you live before you moved here (Answer if applicable)

Enumerator Community Representative Checked by Captured

Name: Name: Name: Name:

Date: Date: Date:

Page | 1 A&I Survey – RAP – Botswana

SECTION 2: DEMOGRAPHIC INFORMATION Please complete the following table for all household members, including persons temporarily absent, using the coding systems below where indicated.

Photo number Photo number Photo number Person 1 Person 2 Person 3

2.1 First name

Surname / Last 2.2 name

2.3 ID number

2.4 Gender (M / F) M F M F M F 2.5 Year of birth Relationship to 2.6 Household Head (see coding below) Highest education 2.7 completed (see coding below)

2.8 Resident status (see coding below)

2.9 Employment status (see coding below)

Relationship to Household Head Education Level Resident Status Employment Status

1 = Household Head (HH) 1 = None 1 = Living in homestead 1 = Pre-school child 2 = Spouse of HH 2 = Some primary 2 = Weekly commuter 2 = Student 3 = Son/Daughter of HH 3 = Completed primary 3 = Migrant worker, in Botswana 3 = Self employed 4 = Son / Daughter in law of HH 4 = Some secondary 4 = Migrant worker, other country (specify) 4 = Employed (formal wage employment) 5 = Grandchild of HH 5 = Completed secondary 5 = Student, elsewhere in Botswana 5 = Informal employment (casual / short term) 6 = Parent of HH 6 = Further education 6 = Student, other country (specify) 6 = Unemployed (actively seeking employment over 7 = Parent in law of HH last 3 months) 8 = Brother / Sister of HH NOTE: if person is staying at least 4 nights per week 7 = Home / not seeking work / pension (look after 9 = Brother / Sister in Law of HH in homestead, he is deemed residing in homestead homestead / 10 = Cousin of HH children) 11 = Grandparent of HH 8 = Disabled and not employed 12 = Adopted / step-child of HH 9 = Disabled and employed 13 = Other relative 14 = Not related but dependent

Page | 2 A&I Survey – RAP – Botswana

Has any person in the household ever worked? Ever worked Formal Training And has any person acquired skills in the following areas? 2.10 Driving Yes No Yes No 2.11 Operation of heavy equipment Yes No Yes No 2.12 Mechanical Yes No Yes No 2.13 Electrical Yes No Yes No 2.14 Electronic (IT) Yes No Yes No 2.15 Plumbing Yes No Yes No 2.16 Brick-laying / Masonry Yes No Yes No 2.17 Carpentry Yes No Yes No 2.18 Warehousing / store keeping Yes No Yes No 2.19 Administrative / clerical Yes No Yes No 2.20 Security Yes No Yes No 2.21 Sewing Yes No Yes No 2.22 Catering Yes No Yes No 2.23 Other (specify)

Page | 3 A&I Survey – RAP – Botswana

SECTION 3: STRUCTURES Questionnaire no: ______Household Head: ______

What is the main purpose of each 3.1 Structure 1 3.2 Structure 2 3.3 Structure 3 3.4 Structure 4 3.5 Structure 5 3.6 Structure 6 structure in the homestead? Multifunctional residential 1 1 1 1 1 1 Sleeping only 2 2 2 2 2 2 Kitchen only 3 3 3 3 3 3 Toilet, Shower 4 4 4 4 4 4 Combined residential, business 5 5 5 5 5 5 Business only 6 6 6 6 6 6 Other (specify) 7 7 7 7 7 7 Photo Number

GPS Number

How many rooms? In which year was the structure

built?

What is the main construction 3.1 3.2 3.3 3.4 3.5 3.6 material of the walls? Mud / Pole / Reed structures 1 1 1 1 1 1 Mud or clay blocks 2 2 2 2 2 2 Burnt clay bricks 3 3 3 3 3 3 Cement / Concrete blocks 4 4 4 4 4 4 Commercial brick 5 5 5 5 5 5 Corrugated iron / Tin 6 6 6 6 6 6 Plastic / Cardboard 7 7 7 7 7 7 Timber planks 8 8 8 8 8 8 Other (specify) 9 9 9 9 9 9

Page | 4 A&I Survey – RAP – Botswana

What is the main construction 3.1 3.2 3.3 3.4 3.5 3.6 material of the roof? No roof 1 1 1 1 1 1 Leaves / Thatch 2 2 2 2 2 2 Corrugated iron / Tin 3 3 3 3 3 3 Commercial roof tiles 4 4 4 4 4 4 Timber planks 5 5 5 5 5 5 Plastic 6 6 6 6 6 6 Other (specify) 7 7 7 7 7 7 Do you own any of the following additional What is the main construction material? Photo structures? (If None, Skip to Section 4) GPS Number Reed / Pole / Block / Mud No. YES NO Wire / Mesh Timber Other Sticks brick Livestock 3.7 1 2 1 2 3 4 shelters

3.8 Chicken coup 1 2 1 2 3 4

3.10 Grain storage 1 2 1 2 3 4

Other (specify) 3.11 1 2 1 2 3 4

SECTION 4: LAND & AGRICULTURE

Yes Does your household currently have access to arable land that you use, or have used, for cultivation? 4.1 No If the answer is NO or DON’T KNOW, proceed to Question 4.14 Don’t Know 4.2 How many fields does your household have access to? Please provide the following information on each of your Field 1 Field 2 Field 3 Field 4 Field 5 Field 6 Field 7 fields 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.3.7 4.3 Fenced Y N Y N Y N Y N Y N Y N Y N 4.4 Material used 4.4.1 4.4.2 4.4.3 4.4.4 4.4.5 4.4.6 4.4.7

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Reed / Pole / Reed / Pole / Reed / Pole / Reed / Pole / Reed / Pole / Reed / Pole / Reed / Pole / Sticks Sticks Sticks Sticks Sticks Sticks Sticks

Wire / Mesh Wire / Mesh Wire / Mesh Wire / Mesh Wire / Mesh Wire / Mesh Wire / Mesh

Timber Timber Timber Timber Timber Timber Timber

Block / Mud Block / Mud Block / Mud Block / Mud Block / Mud Block / Mud Block / Mud brick brick brick brick brick brick brick

Other (specify) Other (specify) Other (specify) Other (specify) Other (specify) Other (specify) Other (specify)

4.5 Which field (s) has been lying fallow in the last year? Y N Y N Y N Y N Y N Y N Y N

4.6.1 4.6.2 4.6.3 4.6.4 4.6.5 4.6.6 4.6.7 Photo Number

4.6 GPS Number

Page | 6 A&I Survey – RAP – Botswana

Field 1 Field 2 Field 3 Field 4 Field 5 Field 6 Field 7 What crops do you grow in each field? 4.7.1 4.7.2 4.7.3 4.7.4 4.7.5 4.7.6 4.7.7 Beans 1 1 1 1 1 1 1 Groundnuts 3 3 3 3 3 3 3 Potatoes 4 4 4 4 4 4 4

4.7 Maize 5 5 5 5 5 5 5 Pumpkin 6 6 6 6 6 6 6 Sweet Potatoes 7 7 7 7 7 7 7 Sugar Cane 8 8 8 8 8 8 8 Other (specify) 9 9 9 9 9 9 9 Other (specify) 10 10 10 10 10 10 10 Draught animals 1 What method of ploughing did you use this last season? 4.8 Hand hoe 2 (choose single answer) Mechanised methods (e.g. tractor) 3 Fields have been lying fallow 1 Fear drought 2 Late rain – too late to prepare 3 No seed / insufficient seed 4 If fields were not cultivated this season, why not? 4.9 (choose single answer) No labour 5 No implements 6 Flooding / waterlogged fields 7

Other (specify) 8

4.10 Which crops have you grown in your fields this season to sell for cash? What is the principal mode of transportation used to take your crops to where Where did you sell the majority of your crops? they are sold? (Only one option permitted) Market at the village where you live 1 On foot carrying / hand-pushed cart 1 In the nearest town 2 Bicycle / Motorcycle 2 4.11 4.12 In a major town a distance away 3 Vehicle / Truck / Tractor 3 Co-op 4 Public transport 4

Other (Specify) 5 Other (Specify) 5

Page | 7 A&I Survey – RAP – Botswana

Do you have any fruit 4.13 trees at home or in fields? Yes No Photo Photo Photo Photo (If NO, proceed to Q 417) GPS No GPS No GPS No GPS No No No No No How many trees do you have of the Number of trees following varieties? Around homestead In field

Peach

Litchi

Guava

Lemon/Lime

Mango

Orange

Papaya/pawpaw

Banana

Avocado

Apple

Other (specify)

4.14 Do you have a small vegetable garden / food plot in your homestead or elsewhere but, excluding in your fields mentioned in Q 4.1? Yes No

Photo No 1. 2. 3. 4. 1. 2. 3. 4. GPS 4.15 No Size (use 1. 2. 3. 4. block paper) 4.16.1 4.16.2 4.16.3 4.16.4 Fenced 4.16 Y N Y N Y N Y N 4.17.1 4.17.2 4.17.3 4.17.4 4.17 Material used Reed / Pole / Sticks Reed / Pole / Sticks Reed / Pole / Sticks Reed / Pole / Sticks

Page | 8 A&I Survey – RAP – Botswana

Wire / Mesh Wire / Mesh Wire / Mesh Wire / Mesh

Timber Timber Timber Timber

Block / Mud brick Block / Mud brick Block / Mud brick Block / Mud brick

Other (specify) Other (specify) Other (specify) Other (specify)

4.18 Vegetables planted

4.19 Do you have any livestock on the farm? (If No – proceed to Section 5) Yes No 4.20 If YES, do you keep livestock for commercial or for domestic use only? Commercial Use Domestic Use

If YES, how many ± of the following Photo No Please choose option, where they mostly graze. 4.21 Number 4.22 Around Designated No strict grazing livestock does the homestead have? (Optional) In fields Other homestead grazing area regime

4.21.1 Cattle 4.22.1

4.21.2 Donkey 4.22.2

4.21.3 Goats 4.22.3

4.21.4 Pigs 4.22.4

4.21.5 Sheep 4.22.5

4.21.6 Chickens 4.22.6

4.21.7 Ducks/Geese 4.22.7

4.21.8 Other (specify): 4.22.8

4.21.9 Other (specify): 4.22.9

4.21.10 Other (specify): 4.22.10

Page | 9 A&I Survey – RAP – Botswana

SECTION 5: BUSINESS ENTERPRISES

Does anyone in your homestead run Please indicate the main 5.1 Yes No 5.2 a small business? business activities Business premises in a nearby town 5.3 If yes, where do they run this business from? From home Local business premises or village 5.4 How frequently do they operate this business? Every day Only some days in the week Less than 2 days a week

If you sell a product please indicate where you get your raw 5.5 materials or products from

SECTION 6: WATER AND ENERGY Within 100m of Homestead Photo no GPS number What is the primary source of drinking Unprotected Communal Pump / Well / Private water source Rain Buy water privately 6.1 River water? (select only one) spring Protected Spring Borehole in homestead / yard water tank from vendor Photo no GPS number Apart from the above-mentioned source, Unprotected Communal Pump / Well / Private water source Rain Buy water privately 6.2 River what other sources do you use? (select only spring Protected Spring / Borehole in homestead / yard water tank from vendor one) 6.3 What energy source is used for lighting? Electricity Gas Solar Paraffin Wood Charcoal Candles Other

6.4 What energy source is used for cooking? Electricity Gas Solar Paraffin Wood Charcoal Candles Other

6.5 What energy source is used for heating? Electricity Gas Solar Paraffin Wood Charcoal Candles Other

SECTION 7: HEALTH AND NUTRITION

Did you or any member of your household suffer Respiratory 7.1 from any of the following diseases in the past 12 Bilharzia Cancer Cholera Diarrhoea Malaria TB Typhoid Other Illness months? Has any member of this household been hospitalised (stayed overnight 7.2 Yes No Don’t know for at least one night) during the past 12 months? Did any adult member of this household pass away during the past 12 7.3 Yes No Don’t know months? Did any child member of this household pass away during the past 12 7.4 Yes No Don’t know months? 7.5 If Yes, was the child member that passed away 5 years or younger? Yes No Don’t know Did any member of your household go to bed without a meal last Has this household experienced any shortage of 7.6 Yes No 7.7 Yes No night? basic food in the last 12 months? In which months were the food 7.8 January February March April May June July August September October November December shortages experienced the most?

Page | 10 A&I Survey – RAP – Botswana

SECTION 8: INCOME AND EXPENDITURE

8.1 Main INCOME source (All household members combined - in the past month/) Wages and salaries from formal employment? Casual employment (piece jobs)

Artisanal training Home enterprises and small businesses

Crop and livestock production Private pension

Old age pension, social grants? (state provided Renting out; fields, equipment, animals, machinery, property

Remittance Other? Specify 8.2 Main EXPENDITURE (All household members – in the past month) Food & personal items (toiletries, washing powder, etc.) Transport (bus and taxis fares)

School fees, uniforms, and books/equipment Clothes, footwear and clothing accessories

Household energy (electricity, paraffin, gas, etc.)? Telephone (cellular, fixed line)

Water (tariffs, transport or pumping costs) Medical expenses/traditional healers

Furniture and appliances Rent (housing/accommodation)

New buildings or building improvements Church

Agricultural expenses (fertiliser, seed, etc.) Other (for example burial society)

Page | 11 A&I Survey – RAP – Botswana

SECTION 9: SOCIAL NETWORKS

Do you participate as a member of If yes, what position How often do 9.1 Yes No 9.2 9.3 the Village Development Committee? do you hold? you meet? Do you participate as a member of If yes, what position How often do 9.4 Yes No 9.5 9.6 traditional structure? do you hold? you meet? Do you participate as a member of If yes, what position How often do 9.7 Yes No 9.8 9.9 agricultural group? do you hold? you meet? Do you participate as a member of If yes, what position How often do 9.10 Yes No 9.11 9.12 cultural group? do you hold? you meet? Do you participate as a member of If yes, what position How often do 9.13 Yes No 9.14 9.15 sports club? do you hold? you meet? Do you participate as a member of If yes, what position How often do 9.16 Yes No 9.17 9.18 women's group? do you hold? you meet? Do you participate as a member of If yes, what position How often do 9.19 Yes No 9.20 9.21 church group? do you hold? you meet? Do you participate as a member of If yes, what position How often do 9.22 Yes No 9.23 9.24 Motshelo? do you hold? you meet? Do you participate as a member of If yes, what position How often do 9.25 Yes No 9.26 9.27 any other group? (Specify) do you hold? you meet? 9.28

SECTION 10: NEEDS ANALYSIS

Please rate problems / needs currently experienced in this community (1 – Not a problem, 2 – A problem, but does not influence quality of life and 3 – A big problem and affects quality of life negatively) Crime / violence/ 10.1 Employment problems 10.2 Health care facilities 10.3 Education/ schools 10.4 vandalism Problems with sewer / 10.5 Illegal land uses 10.6 Evictions from land 10.7 Bad roads 10.8 drains Water for drinking – Water for drinking – Problems with refuse / 10.9 10.10 10.11 Water for irrigation 10.12 availability quality rubbish removal Access to agricultural 10.13 Electricity 10.14 Housing 10.15 10.16 Land for agriculture inputs Access to business Access to markets for 10.17 Recreational facilities 10.18 10.19 10.20 Hunger / nutrition centres / shops goods 10.21 Transport problems 10.22 Alcohol abuse 10.23 Other (specify)

Page | 12 A&I Survey – RAP – Botswana

SECTION 11: GRAVES

Yes 11.1 Are there any graves located in the homestead / field? No Don’t Know

11.2.1 11.2.5 If yes, how many graves 11.2.2 11.2.6 are there? 11.2 Also indicate names and 11.2.3 11.2.7 year buried. 11.2.4 11.2.8

Photo 11.3.1 11.3.2 11.3.3 11.3.4 11.3.5 11.3.6 11.3.7 11.3.8 Number 11.3 11.3.1 11.3.2 11.3.3 11.3.4 11.3.5 11.3.6 11.3.7 11.3.8 GPS Number

Respondent Community Representative By signing the questionnaire, I confirm that the information provided is true and that all questions have Signature: Signature: been answered to the best of my knowledge and ability.

Notes

Page | 13 A&I Survey – RAP – Botswana Fields Field Aurecon use farm / Undebushed 1.3 Household 4.1 Arable 4.3 Fenced 4.4 Materials used 4.7 Crops grown no land Land/field Head Full Name land IS CAT Buffer zone no 1 field Mmutle Segokgo Yes No not Fenced Fallow F Partially in permanent servitude 2 field Gono Tatedi Yes Yes Reed / Pole / Sticks Sorghum G Bisected by permanent servitude 3 field Yes no not Fenced Fallow F Partially in permanent servitude 4 Undebushed Land Yes No not Fenced Fallow F Partially in permanent servitude 5 field Yes No not Fenced Fallow F Partially in permanent servitude 6 Undebushed Land Yes No not Fenced Fallow G Bisected by permanent servitude 7 Undebushed Land Yes No not Fenced Fallow G Bisected by permanent servitude 1 Undebushed Land Yes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 8 2 field Yes Yes Reed / Pole / Sticks Sorghum n/a n/a 3 field Yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 9 Undebushed Land Yes No not Fenced Fallow F Partially in permanent servitude 10 Undebushed Land Yes no not Fenced Fallow F Partially in permanent servitude 11 field Tlhakana Rapoo Yes Yes Wire / Mesh Maize G Bisected by permanent servitude 12 field Dr Moorad Yes Yes Wire / Mesh sorghum G Bisected by permanent servitude 13 field Paul Lepere Yes Yes Wire / Mesh Maize G Bisected by permanent servitude 14 field Yes Yes Wire / Mesh maize,sorghum G Bisected by permanent servitude 1 field Yes Yes Reed / Pole / Sticks maize n/a 15 2 Undebushed Land Patrick Moilwa Yes yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 16 1 Undebushed Land Yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 2 field Yes Yes Reed / Pole / Sticks beans,sorghum,maizen/a n/a 17 1 Undebushed Land Sello Mpete Yes No Fallow F Partially in permanent servitude 18 1 field Leagang SetshwanoYes Yes Reed / Pole / Sticks maize F Partially in permanent servitude 2 Undebushed Land Yes Fallow F Partially in permanent servitude 19 field Yes yes Poles & Wire Maize,sorghum G Bisected by permanent servitude 20 field Dikwalo Monametsi'sYes brotherYes Reed / Pole / Sticks Fallow F Partially in permanent servitude 21 undebushed Land Dikwalo MonametsiYes yes Reed / Pole / Sticks Fallow n/a n/a 22 no farm 23 field yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 24 field yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 25 field yes Yes Reed / Pole / Sticks Fallow n/a n/a 26 Undebushed Land yes No N/A Fallow F Partially in permanent servitude 27 1 Undebushed Land yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 2 Undebushed Land yes no Fallow G Bisected by permanent servitude 28 Undebushed Land yes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 29 Undebushed Land yes No N/A Fallow G Bisected by permanent servitude 30 Undebushed Land yes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 31 Undebushed Land yes No Fallow G Bisected by permanent servitude 32 Undebushed Land yes No Fallow G Bisected by permanent servitude 33 Undebushed Land yes No Fallow F Partially in permanent servitude 34 Undebushed Land yes No Fallow F Partially in permanent servitude 35 field yes Yes Reed / Pole / Sticks maize F Partially in permanent servitude 36 field yes No Fallow F Partially in permanent servitude 37 Undebushed Land yes No Fallow G Bisected by permanent servitude 38 Undebushed Land yes No Fallow G Bisected by permanent servitude 39 Undebushed Land yes No Fallow G Bisected by permanent servitude 40 Undebushed Land yes No Fallow G Bisected by permanent servitude 41 Undebushed Land yes No Fallow F Partially in permanent servitude 42 Undebushed Land yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 43 Undebushed Land Yes No Fallow F Partially in permanent servitude 44 Undebushed Land Yes No Fallow F Partially in permanent servitude 45 Undebushed Land Yes No Fallow G Bisected by permanent servitude 46 field Yes No Fallow G Bisected by permanent servitude 47 Undebushed Land Yes No Fallow F Partially in permanent servitude 48 Undebushed Land Yes No Fallow G Bisected by permanent servitude 49 field No Yes Poles & Wire Fallow F Partially in permanent servitude 50 Undebushed Land No No N/A Fallow G Bisected by permanent servitude 51 Undebushed Land No Yes Tree branches Fallow G Bisected by permanent servitude 52 Undebushed Land No Yes Poles & Wire Fallow G Bisected by permanent servitude 53 Undebushed Land No Yes Poles & Wire Fallow G Bisected by permanent servitude 54 Undebushed Land No Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 55 Undebushed Land Yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 56 Undebushed Land Yes No Fallow G Bisected by permanent servitude 57 Undebushed Land Yes No Fallow F Partially in permanent servitude 58 Undebushed Land No No N/A Fallow F Partially in permanent servitude 59 field No Yes Poles & Wire Fallow F Partially in permanent servitude 60 Undebushed Land No No N/A Fallow G Bisected by permanent servitude 61 Undebushed Land No No N/A Fallow F Partially in permanent servitude 62 Undebushed Land No No Fallow G Bisected by permanent servitude 63 Undebushed Land No No Fallow G Bisected by permanent servitude 64 Undebushed Land Yes NO Fallow G Bisected by permanent servitude 65 field Yes yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 66 field Yes No Fallow G Bisected by permanent servitude 67 Undebushed Land No No Fallow F Partially in permanent servitude 68 Undebushed Land No No Fallow G Bisected by permanent servitude 69 Undebushed Land No No Fallow F Partially in permanent servitude 70 Undebushed Land No No N/A Fallow F Partially in permanent servitude 71 Undebushed Land No No N/A Fallow F Partially in permanent servitude 72 Undebushed Land Yes Yes Wire / Mesh Fallow G Bisected by permanent servitude Field Aurecon use farm / Undebushed 1.3 Household 4.1 Arable 4.3 Fenced 4.4 Materials used 4.7 Crops grown no land Land/field Head Full Name land IS CAT Buffer zone no 73 field Yes No Fallow F Partially in permanent servitude 74 Undebushed Land Yes No Fallow G Bisected by permanent servitude 75 field Yes No Fallow G Bisected by permanent servitude 76 field Lephephe Tabane Yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 77 field Motsei Yes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 78 Undebushed Land No No Fallow G Bisected by permanent servitude 79 Undebushed Land No No Fallow F Partially in permanent servitude 80 Undebushed Land No No Fallow F Partially in permanent servitude 81 Undebushed Land No No Fallow F Partially in permanent servitude 82 Undebushed Land Yes No Fallow F Partially in permanent servitude 83 Undebushed Land Yes No Fallow G Bisected by permanent servitude 84 Undebushed Land Yes No Fallow F Partially in permanent servitude 85 Undebushed Land Yes No Fallow F Partially in permanent servitude 86 Undebushed Land Yes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 87 field Yes No Fallow G Bisected by permanent servitude 88 Undebushed Land Yes No Fallow F Partially in permanent servitude 89 Undebushed Land Yes No Fallow G Bisected by permanent servitude 90 Undebushed Land Yes No Fallow G Bisected by permanent servitude 91 Undebushed Land No No N/A Fallow G Bisected by permanent servitude 92 Undebushed Land Yes Yes Wire / Mesh Fallow G Bisected by permanent servitude 93 Undebushed Land Yes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 94 field Yes Yes Poles & Wire Maize,Sorghum G Bisected by permanent servitude 95 Undebushed Land No Yes Poles & Wire Fallow F Partially in permanent servitude 96 field Yes Yes Tree branches Maize,Sorghum F Partially in permanent servitude 97 field Pako t Molefe Fallow F Partially in permanent servitude field No No N/A Fallow G Bisected by permanent servitude 98 field Yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude field Itu Mfusi Yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 99 Undebushed Land Yes Yes Wire / Mesh Fallow G Bisected by permanent servitude 100 field No Yes Tree branches Fallow G Bisected by permanent servitude 101 field No Yes Tree branches Fallow F Partially in permanent servitude 102 field Yes Yes Tree branches Maize,sorghum F Partially in permanent servitude 103 Undebushed Land No No N/A Fallow G Bisected by permanent servitude 104 field No No NA Fallow F Partially in permanent servitude 105 Undebushed Land No No N/A Fallow G Bisected by permanent servitude 106 Undebushed Land No No N/A Fallow F Partially in permanent servitude 107 field Yes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 108 field Yes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 109 field Yes No Fallow G Bisected by permanent servitude 110 Undebushed Land No Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 111 Undebushed Land No No Fallow G Bisected by permanent servitude 112 Undebushed Land No No Fallow G Bisected by permanent servitude 113 Undebushed Land Yes No Fallow F Partially in permanent servitude 114 Undebushed Land Yes No Fallow F Partially in permanent servitude 115 Undebushed Land No No Fallow G Bisected by permanent servitude 116 field Yes Yes Reed / Pole / Sticks Maize,sorghum G Bisected by permanent servitude 117 field No No Fallow F Partially in permanent servitude 1 Household Mokgalo Selebogoyes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude 118 2 field Mokgalo SelebogoYes Yes Wire / Mesh Fallow F Partially in permanent servitude 120 field with householdSelebaleng Kwapa Yes Yes Reed / Pole / Sticks maize,pumpkin,butternut,MakgomaneG Bisected by permanent servitude 121 field Yes No Fallow G Bisected by permanent servitude 122 field Yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 123A Undebushed Land Yes No Fallow G Bisected by permanent servitude 123B field Yes No Fallow F Partially in permanent servitude 124 field Yes Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 125 field with householdChristopher and garden LebekweYes Yes Reed / Pole / Sticks Maize,pumkin,beans F Partially in permanent servitude 1 Household no Yes Reed / Pole / Sticks Fallow E Completely within Permanent servitude 126 2 Kraal no Yes Reed / Pole / Sticks Fallow F Partially in permanent servitude 127 field No No N/A Fallow G Bisected by permanent servitude 128 field with householdNnanao Morelle Yes Yes Reed / Pole / Sticks Fallow G Bisected by permanent servitude HH Structure Age of Aurecon use Household name Structure type Other specify No. of Rooms ID ID structure(Years) IS CAT BUFFER ZONE Structures affected 1 Mmutle Segokgo no structure 2 Gono Tatedi no structure 3 no structure 4 no structure 5 no structure 6 no structure 7 no structure 8 Water source Borehole n/a outside the permenant servitude n/a 9 no structure 10 no structure 11 Tlhakana Rapoo no structure Dr Moorad 1 Water source Boreholes n/a outside the permenant servitude n/a 12 2 Water source Boreholes n/a outside the permenant servitude 13 Paul Lepere no structure 14 1 Borehole n/a outside the permenant servitude structure photos CA:1735,1738,1741,1737,1749,1749,1736,17313 1 Kitchen only 1 7 YEARS n/a outside the permenant servitude n/a 2 sleeping 1 8 YEARS n/a outside the permenant servitude n/a 3 Storage 1 7 YEARS n/a outside the permenant servitude n/a 4 sleeping 1 7 YEARS n/a outside the permenant servitude n/a 5 Toilet ,shower 1 2 n/a outside the permenant servitude n/a 6 chicken coup 1 4 n/a outside the permenant servitude n/a 7 Water tank 2 3 n/a outside the permenant servitude n/a 8 goat kraal 1 2 n/a outside the permenant servitude n/a 9 Borehole 2 3 n/a outside the permenant servitude n/a 10 Small Pond 1 1 n/a outside the permenant servitude n/a 15 Patrick Moilwa 11 cattle kraal 1 4 n/a outside the permenant servitude n/a 16 Sello Mpete no structure 2Sleeping Only 1 2n/a outside the permenant servitude n/a 17 Leagang Setshwano 1Sleeping storage 1 n/a outside the permenant servitude n/a 18 no structure 19 no structure 20 Dikwalo Monametsi's brother no structure 21 Dikwalo Monametsi no structure 22 no structure 23 1 Multi-functional room 1 n/a outside the permenant servitude n/a 24 1 Multi-functional room E Completely in permanent servitude 1 multi-purpose room 25 no structure 26 no structure 27 no structure 28 no structure 29 no structure 30 no structure 31 no structure 32 no structure 33 no structure 34 no structure 35 no structure 36 no structure 37 no structure 38 no structure 39 no structure 40 no structure 41 no structure 42 no structure 43 no structure 44 no structure 45 no structure 46 no structure 47 no structure 48 no structure 49 no structure 50 no structure 51 no structure 52 no structure 53 no structure 54 no structure 55 no structure 56 no structure 57 no structure 58 no structure 59 no structure 60 no structure 61 no structure 62 no structure 63 no structure 64 no structure 65 no structure 66 no structure 67 no structure HH Structure Age of Aurecon use Household name Structure type Other specify No. of Rooms ID ID structure(Years) IS CAT BUFFER ZONE Structures affected 68 no structure 69 no structure 70 no structure 71 no structure 72 no structure 73 no structure 74 no structure 1Multifunnctional residential 1 n/a outside the permenant servitude n/a 75 1kitchen only 1 n/a outside the permenant servitude n/a 76 Lephephe Tabane N/A no structure 77Motsei 1Multifunnctional residential 1 n/a outside the permenant servitude n/a 78 No structure 79 No structure 80 No structure 81 No structure 82 No structure 83 No structure 84 No structure 85 No structure 86 No structure 87 No structure 88 No structure 89 No structure 90 No structure 91 No structure 92 No structure 93 No structure 94 N/A Multifunctional N/A 1 n/a outside the permenant servitude n/a 95 No structure 96 No structure Sleeping 1 30 years n/a outside the permenant servitude n/a Kitchen 1 n/a outside the permenant servitude n/a 97 Pako t Molefe Goat kraal n/a outside the permenant servitude n/a 98 no structure 99 Itu Mfusi no structure 100 no structure 101 no structure 102 no structure 103 no structure 104 no structure 2kraal C Partially in permanent servitude fenced kraal 105 3goat kraal E Completely in permanent servitude fenced kraal 106 no structure 1borehole Borehole E Completely in permanent servitude borehole 2Toilet 1 n/a outside the permenant servitude n/a 3Sleeping Only 1 n/a outside the permenant servitude n/a 4kraal Livestock shelter C Partially in permanent servitude fenced kraal 5Sleeping Only 1 n/a outside the permenant servitude n/a 6borehole Borehole E Completely in permanent servitude borehole 107 7Fenced household C Partially in permanent servitude fence 108 N/A Multi-purpose room N/A N/A E Completely in permanent servitude Multi-purpose house Kraal E Completely in permanent servitude fenced kraal kraal 109 no structure 110 no structure 111 no structure 112 no structure 113 no structure 114 no structure 115 no structure 116 1 Multifunnctional residential 1 n/a outside the permenant servitude n/a 2 Sleeping Only 1 n/a outside the permenant servitude n/a 117 no structure 118 Mokgalo Selebogo 1 Multifunnctional residential 2 n/a outside the permenant servitude n/a Chicken coup n/a outside the permenant servitude n/a Multifunnctional residential 2 n/a outside the permenant servitude n/a Toilet 1 n/a outside the permenant servitude n/a grain storage 1 n/a outside the permenant servitude n/a livestock shelter n/a outside the permenant servitude n/a 120 Selebalengfarm Kwapa 20 household Structure(away from line) chicken coup n/a outside the permenant servitude n/a no structure 121 no structure 122 no structure 123 no structure 123B no structure 124 no structure 1 Kitchen only 1 n/a outside the permenant servitude n/a 2 Toilet, shower 1 n/a outside the permenant servitude n/a 3 Multifunnctional residential 1 n/a outside the permenant servitude n/a 4 Other specify Water tanks N/A n/a outside the permenant servitude n/a 125 HH Structure Age of Aurecon use Household name Structure type Other specify No. of Rooms ID ID structure(Years) IS CAT BUFFER ZONE Structures affected 125 5 Other specify borehole N/A n/a outside the permenant servitude n/a 6 Other specify Livestock shelter n/a outside the permenant servitude n/a 7 Other specify Chicken coup n/a outside the permenant servitude n/a 8 Other specify Grain storage n/a outside the permenant servitude n/a 9 Other specify Goats shelters n/a outside the permenant servitude n/a 126 Multifunnctional residential E Completely in permanent servitude Kraal, Storage Room, 127 no structure 1Sleeping Only 1 E Completely in permanent servitude Sleeping room 2kraal Livestock shelter C Partially in permanent servitude Kraal and fence 3Multifunnctional residential 1 E Completely in permanent servitude Multi-purpose room 128 4Multifunnctional residential 1 E Completely in permanent servitude Multi-purpose room 139 Community well n/a outside the permenant servitude n/a IS Fields/ grazing IS IS Vegetable IS IS Grave IS F21DigitKey Portion Nr Farm name Farm portion owner Affected parcial contact Structure type affected Crops/ livestock Trees Water Category areas affected Category Category gardens affected Category Category s Category 1 T0JO00000000038900011 11/389 None None None None None None 2 T0JO00000000039900000 RE/399 Drumard 399 Batloung Ba Ga Shole Stam Trustees None None None None None None Nkaelang Seago, Meleko 3 T0JO00000000040000000 RE/400 Westwood Park 400 Batloung Ba Ga Shole Stam Trustees Cattle kraal C None None None None None Menwe 4 T0JO00000000040100000 RE/401 Heathfield 401 None None None None None None 5 T0JO00000000040100004 4/401 Heathfield 401 None None None None None None 6 T0JO00000000040200005 5/402 New Park 402 None None None None None None 7 T0JO00000000040200004 4/402 New Park 402 Road reserve None None None None None None 8 T0JO00000000037700013 13/377 Ramatlabama 377 Kurutu William Mokolobate None None None None None None Ikane E Lekgetho Serathi Dickson, 1 G 9 T0JO00000000037700001 1/377 Ramatlabama 377 NoneNone None None None Serathi W Matshediso 2 F 10 T0JO00000000037700002 2/377 Ramatlabama 377 None None None None None 11 T0JO00000000037700000 RE/377 Ramatlabama 377 None 1 G None None None None National Government of the Republic 12 T0JO00000000031000011 11/310 Sekai 310 None 1 G None None None None of South Africa Maize, Sunflower, National Government of the Republic Groundnuts, 13 T0JO00000000031000010 10/310 Sekai 310 Gideon Morule None 1 G None None None None of South Africa Cabbage & Spinach Gideon Morule, Juke 14 T0JO00000000031000009 9/310 Sekai 310 Molamu, Benjamin None 1 Livestock G None None None Moeketsi National Government of the Republic Gideon Morule, Violet 15 T0JO00000000031000007 7/310 Sekai 310 None 1 Livestock G None None None of South Africa Mereeotlhe National Government of the Republic Gideon Morule, Robert 16 T0JO00000000031000004 4/310 Sekai 310 None 1 Livestock G None None None of South Africa Mohane Makson Maluleke, Simon Livestock and 17 T0JO00000000005500006 6/55 Jagersfontein 55 MPHAHLELE MOGOMOTSI SIMON None 1 G None None None Mphahlele fodder 18 T0JO00000000005500012 12/55 Jagersfontein 55 MARAIS BAREND DANEUL None None None None None 19 T0JO00000000005500022 22/55 Jagersfontein 55 Berrie Marias None None G None None None Batshweneng Communal Property 20 T0JO00000000005500002 RE/2/55 Jagersfontein 55 None None None None None Association 21 T0JO00000000005500023 23/55 Jagersfontein 55 BEWLY LANDGOED CC Jaco Marias None None None None None 22 T0JO00000000005600003 RE/3/56 De Putten 56 Juliet Elna Miller Juliet Scott None 1 Livestock G None None None 23 T0JO00000000005600010 10/56 De Putten 56 Juliet Elna Scott Juliet Scott None 1 Livestock G None None None 24 T0JO00000000005600009 9/56 De Putten 56 Rendo Boerdery cc Juliet Scott None 1 Livestock G None None None Jeremia Jesaja and Cecilia Petronella 25 T0JO00000000005600002 RE/2/56 De Putten 56 Kobus Bezuidenhout None 1 Livestock None None None Bezuidenhout 26 T0JO00000000005600000 RE/56 De Putten 56 Ma Pa en Ons Trust Lood Marias, Dawie None 1 Livestock None None None National Government of the Republic 27 T0JO00000000003600000 36 Moilos Suid 36 None None None None None of South Africa (Khunotswana is also located on this farm 28 T0JO00000000041300000 RE/413 None None None None None portion) National Government of the Republic 29 T0JO00000000003700000 RE/37 Moilos Location 37 None None None None None of South Africa Batshweneng Communal Property 30 T0JO00000000004300000 RE/43 Stinkhoutboom 43 None None None None None Association 31 T0JO00000000005800005 RE/5/58 Tweefontein 58 Stars Away Inv 88 Pty Ltd None None None None None 32 T0JO00000000004100001 1/41 Willowpark 41 None None None None None Batshweneng Communal Property 33 T0JO00000000004100002 2/41 Willowpark 41 None None None None None Association Private water source in Dinyalo J Pule Mutifunctional residential C None Peach C None C None homestead / yard Mutifunctional residential C None None None None Basimanebotlhe Mothobi Toilet, Shower (Draignage) C None None None None Mutifunctional residential N/A None Peach N/A None None Kitchen Only N/A None Banana N/A None None 34 T0JO00000000004700000 RE/47 Welbedacht 47 Ramotshere Moiloa Local Municipality Maraka Mmannuku Chicken COUP N/A None Apple N/A None None Mulberry N/A Dog Shelter C None None None None N/A Grapes N/A Private water source in Mosimanegape Molefe Mutifunctional residential N/A None None None N/A None homestead / yard Sipho Tobi, Kabelo 35 T0JO00000000004000000 RE/40 Matjesvallei Farm None 1 Cattle and pigs G None None Water for livestock C None Mothupi (Ntweletsoku is located on this farm portion - need to sit with chief to attain if 36 T0JO00000000003800000 38 None None None None there are uncultivated fields affected on this portion) Mutifunctional residential N/A Sleeping Only N/A Toilet, Shower N/A Communal Pump / Well / Saki John Mosweu Kitchen Only N/A None N/A None (Mantsie is located on this farm portion - Protected Spring need to sit with chief to attain if there are Livestock Shelters_Cattle N/A 37 T0JO00000000041200000 RE/412 Livestock Shelters_Goats & other uncultivated fields affected on this N/A portion) Sheeps Mutifunctional residential N/A Chere Johannes Mosimane None None Yes N/A None None Toilet, Shower N/A Benny Seate Gate C None None None None None 38 T0JO00000999999900000 9999999 None None None None None None 39 T0JO00000000002200000 RE/22 None None None None None None 40 T0JO00000000002200004 4/22 None None None None None None 41 T0JO00000000002200002 2/22 None None None None None None 42 T0JO00000000002200001 RE/1/22 None None None None None None (Need to sit with chief to attain if there 43 T0JO00000000002100000 21 are uncultivated fields affected on this None None None None None None portion) 44 T0JO00000000001000004 4/10 Witfontein 10 None None None None None None 45 T0JO00000000001000001 RE/1/10 Witfontein 10 None None None None None None 46 T0JO00000000001000003 3/10 Witfontein 10 None None None None None None 47 T0JP00000000003500001 1/35 Zandfontein 35 Tlhabane Gabriel Tiro None None None None None None Andries Johannes Hendrik Nicolaas 48 T0JP00000000003400014 14/34 Swartfontein 34 None None None None None None Helm 49 T0JP00000000003400006 6/34 Swartfontein 34 NORTH WEST TYRES CC None None None None None None NATIONAL GOVERNMENT OF THE 50 T0JP00000000003500006 6/35 Zandfontein 35 None None None None None None REPUBLIC OF SOUTH AFRICA 51 T0JP00000000003400007 7/34 Swartfontein 34 NORTH WEST TYRES CC None None None None None None 52 T0JP00000000003300003 3/33 Olifantsfontein 33 Ragies Real Estates Pty Ltd None None None None None None 53 T0JP00000000003300000 RE/33 Olifantsfontein 33 Ragies Real Estates Pty Ltd None None None None None None 54 T0JP00000000002700000 27 None None None None None None 55 T0JP00000000003300003 3/33 Olifantsfontein 33 Ragies Real Estates Pty Ltd None None None None None None

56 T0JP00000000000800000 8 Huyserslaagte 8 Thabiletrade 1105 cc None None None None None None TSHWAANE COMMUNAL PROP 57 T0JP00000000000300000 RE/3 Draailaagte 3 None None None None None None ASSOCIATION Batshweneng Communal Property 58 T0JP00000000000300001 1/3 Draailaagte 3 None None None None None None Association 59 T0JP00000000000200004 4/2 Putfontein 2 Elizabeth Maude Southwood None None None None None None

60 T0JP00000000000200003 3/2 Putfontein 2 Louis Hendrik Meyer None None None None None None

61 T0JP00000000000200002 2/2 Putfontein 2 PATRICK HENDRIK LOOTS None None None None None J G Ranching Co Pty Ltd (Is this also 62 T0KP00000000012800000 RE/128 Sandbult 128 None None None None None None Louis Hendrik Meyer?) J G Ranching Co Pty Ltd (Is this also 63 T0KP00000000012600013 13/126 Welgevonden 126 None None None None None None Louis Hendrik Meyer?) Kokame Communal Property 64 T0KP00000000012600008 RE/8/126 Welgevonden 126 None None None None None None Association Kokame Communal Property 65 T0KP00000000013200001 1/132 Brakfontein 132 None None None None None None Association 66 T0KP00000000013100000 131 Brakfontein 131 None None None None None None

67 T0KP00000000013200000 RE/132 Brakfontein 132 C-MAX INV 96 PTY LTD (King Food) None None None None None None 68 T0KP00000000012000003 RE/3/120 Droogedal 120 KOKAME COMMUNAL PROP ASSOC None None None None None None 69 T0KP00000000012000015 15/120 Droogedal 120 None None None None None None 70 T0KP00000000012000014 14/120 Droogedal 120 None None None None None None 71 T0KP00000000094000000 940 ABJATERSKOP 940 HENTIQ 2065 PTY LTD None None None None None None 72 T0KP00000000010500000 RE/105 Vleifontein 105 Borobalo Bed & Breakfast CC None None None None None None 73 T0KP00000000010000001 1/100 Slalaagte 100 Republic of Bophuthatswana None None None None None None 74 T0KP00000000010000000 RE/100 Slalaagte 100 Republic of Bophuthatswana None None None None None None 75 T0KP00000000007800005 5/78 Kopfontein 78 None None None None None None 76 T0KP00000000007800003 3/78 Kopfontein 78 None None None None None None 77 T0KP00000000007800004 4/78 Kopfontein 78 None None None None None None