APRIL 2017 MINISTRY OF ECONOMIC PLANNING AND DEVELOPMENT GOVERNMENT OF THE KINGDOM OF SWAZILAND TECHNICAL ASSISTANCE SUPPORT TO THE GOVERNMENT OF SWAZILAND IN SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT

EUROPEAID/136656/IH/SER/SZ CONTRACT DCI-FOOD/2016/377-327

6-Month Progress Report

INTERIM REPORT NO.3 01 OCTOBER 2017 TO 31 MARCH 2018

ADDRESS COWI A/S Parallelvej 2 2800 Kongens Lyngby Denmark

TEL +45 56 40 00 00 FAX +45 56 40 99 99 WWW cowi.com

APRIL 2018 MINISTRY OF ECONOMIC PLANNING AND DEVELOPMENT GOVERNMENT OF THE KINGDOM OF SWAZILAND

TECHNICAL ASSISTANCE SUPPORT TO THE GOVERNMENT OF SWAZILAND IN SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT

EUROPEAID/136656/IH/SER/SZ CONTRACT DCI-FOOD/2016/377-327

6-Month Progress Report

Part 1—Technical

INTERIM PROJECT REPORT NO.3 01 OCTOBER 2017 TO 31 MARCH 2018

PROJECT DOCUMENT NO. No

A083105 A083105-REP-003

VERSION DATE OF ISSUE DESCRIPTION PREPARED CHECKED APPROVED

A 15 April 2018 First draft Sean Johnson Lars Bagge Hommel-Nielsen Lars Bagge Hommel-Nielsen

B 30 April 2018 Second draft Sean Johnson Lars Bagge Hommel-Nielsen Lars Bagge Hommel-Nielsen

C 24 May 2018 Revised version, following comments Sean Johnson received from Contracting Authority on 24 May 2018 (see Appendix A-5)

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT I

CONTENTS (Part 1 – Technical)

SLAM Technical Assistance Data Sheet iv

Abbreviations and Acronyms v

Acknowledgments v

Executive Summary vi

1 Introduction 1

2 Summary of Technical Assistance Support Provided in the 6-Month Reporting Period (Oct'17 to Mar'18) 6 2.1 Inception Phase 6 2.2 Implementation Phase - Preparatory 6 2.3 Implementation Phase 7

3 Technical Assistance Support Planned for the Next 6- Month Reporting Period (Apr'18 to Sep'18) 11 3.1 Implementation Phase 11 3.2 Exit phase 12

4 Project Management 12 4.1 Project Steering Committee 12 4.2 Project Management Meetings 12 4.3 Other Meetings 13 4.4 Contract Matters 13 4.5 Project Monitoring 13 4.6 Project Website 13 4.7 Issues and Concerns 14 4.8 Risk Management 15 4.9 Utilisation of Backstopping Support 17

5 Conclusion (lessons learned) 17

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT II

APPENDICES (Part 1 – Technical)

Appendix A -1 SLAM Project Log Frame 18

Appendix A -2 Work Plan Activities, Results and Plan for Next Period. 19

Appendix A -3 Contractor's Meetings 23

Appendix A -4 Risk Matrix 24

Appendix A -5 Contracting Authority Comments on Draft Version of Report and Summary of Revisions 26

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT III

LIST OF TABLES (Part 1 – Technical)

Table 1: Project milestones and achievements to date vi Table 2: Log Frame (revised Inception Report) vii Table 3: Technical assistance input 2 Table 4: Work plan (revised Inception Report version, 15 March 2017) 4 Table 5: Selected pilot areas 6 Table 6: Preparatory communications meetings 8 Table 7: Fieldwork progress 9 Table 8: Activities in Result Area 1 - Tools are developed and used for more efficient Land Administration of Swazi Nation Land at National and level. 20 Table 9: Activities in Result Area 2 - Relevant stakeholders capacitated to use the cadastre and manage Swazi Nation Land more efficiently and sustainably 21 Table 10: Activities in Result Area 3 - Institutional arrangements for non-Title Deed Land (SNL) are endorsed by stakeholders. 22 Table 11: Risk Matrix (source: SLAM Inception Report ver1, March 2017) 24

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT IV

SLAM Technical Assistance Data Sheet

Project location: Swaziland Project name: Enhanced capacity for sustainable land administration and management at national, regional and chiefdom level. Contract title: Technical Assistance Support to the Government of Swaziland in Sustainable Land Administration and Management. Contract No: DCl-FOOD/2016/377-327 Contracting Ministry of Economic Planning and Development Authority/Client: Contract signed: 27 September 2016 Contractor COWI A/S with Tausi (Pty) Ltd. as sub-consultants (Consultant): Duration of From 1 October 2016 to 31 May 2019 (32 months) contract: Contract Contracting Authority: Principal Secretary of the MEPD Organisation: (represented by Mr Lwazi Mkhabela of the MEPD). Consultant: COWI A/S (represented by Mr Lars Bagge Hommel-Nielsen, Project Manager, and by Mr Sean Johnson, Institutional Adviser and Team Leader). Copyright and The ownership of all results and rights contained within this disclaimer report lay with the Contracting Authority in accordance with article 14 of the General Conditions of Contractor. This report may not be copied or distributed without permission of the Contracting Authority. The findings and opinions expressed in this report are the Consultant's and do not necessarily reflect the views or opinions of the Contracting Authority. Report approval Approval by the Contracting Authority of this report means that the Contracting Authority or any counterpart agency has no further comments on the contents of the report or concerns about the Consultant's performance in preparation of the report. Reports Date Due Submitted Approved 1 Inception Report 03 Dec 2016 15 Dec 2016 18 Apr 2017 2 6-Month Progress Report#1 30 Mar 2017 19 Jul 2017 3 6-Month Progress Report #2 31 Oct 2017 27 Nov 2017 13 Dec 2017 4 6-Month Progress Report #3 30 Apr 2018 02 May 2018 5 6-Momth Progress Report #4 31 Oct 2018 6 Final Report 31 Apr 2019

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT V

Abbreviations and Acronyms

ACMS Aid Coordination Management Section ADR Alternative Dispute Resolution CDP Chiefdom Development Plan CTA Central Transport Administration EU European Union EUD European Union Delegation (to the Kingdom of Swaziland) EUR Euro FAO Food and Agriculture Organisation (of the United Nations) GIS Geographic Information System GOS Government of Swaziland GPS Global Positioning System HMK His Majesty the King IT Information Technology KE Key Expert LIMS Land Information Management System LMB Land Management Board LUP Land Use Planning LUSIP Lower Usuthu Smallholder Irrigation Project LUSLM Lower Usuthu Sustainable Land Management project MEPD Ministry of Economic Planning and Development M&E Monitoring and evaluation MHUD Ministry of Housing and Urban Development MNRE Ministry of Natural Resources and Energy MOA Ministry of Agriculture MTAD Ministry of Tinkhundla Administration and Development NGO Non-Government Organisation NKE Non-key Expert PMC Project Management Committee PSC Project Steering Committee RA Regional Administrator SGD Surveyor General's Department SLAM Sustainable Land Administration and Management SNL Swazi Nation Land SWADE Swaziland Water and Agriculture Development Enterprise TDL Title Deed Land TOR Terms of Reference

Acknowledgments

This third 6-month progress report for the Sustainable Land Administration and Management (SLAM) project chronicles meetings, decisions, activities, outputs, issues and concerns and risks discussed within the technical assistance support team and with a broad range of institutional and individual stakeholders. All inputs and contributions are hereby acknowledged. We would like to especially thank our counterparts and representatives of key stakeholder agencies, specifically, Mr Sydney Simelane, Surveyor General, Ministry of Natural Resources and Energy, Ms Lynn Kota of SWADE, Mr Amos Maziya of Ministry of Tinkhundla Development and Administration, Mr Sipho Shiba of Ministry of Agriculture, and Mr Lwazi Mkhabela of the Ministry of Economic Planning and Development.

The view expressed in this report are those of the Contractor and do not represent the position or the views of the Contracting Authority or the European Union.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT VI

Executive Summary

The Sustainable Land Administration and Management Project commenced implementation on 3 October 2016. This is the third interim 6-month progress report covering the period up between 01 October 2017 and 31 March 2018. The report comprises two parts – Technical and Financial. This is the technical narrative.

The project purpose (objective) and results expected are:

To provide tools and capacities for sustainable land administration and management at national, regional and chiefdom level. › Result 1: Tools are developed and used for more efficient Land Administration of Swazi Nation Land at National and Inkhundla level. › Result 2: Relevant stakeholders capacitated to use the cadastre and manage Swazi Nation Land more efficiently and sustainably. › Result 3: Institutional arrangements for non-Title Deed Land / SNL are endorsed by stakeholders.

Technical assistance support is divided into 3 phases – Inception (October to December 2016), Implementation (January 2017 to May 2019) and Close Out (April – May 2019). All activities programmed for the inception phase are complete. Most implementation activities are underway.

Table 1: Project milestones and achievements to date (current period highlighted)

Date Event 3 Oct 16 Mobilization of TL and commencement of activities 12 Dec 16 Delivery of Inception Report 7 Feb 17 Workshop on Inception Report 7 Apr 17 Meeting between Ministers MNRE, MOA, MTAD and LMB 18 Apr 17 Approval of Inception Report by MEPD 19 July 17 Delivery of first interim 6-month progress report 20 July 17 Workshop on communications strategy for internal stakeholders 3 Aug 17 Meeting between HMK and Minister MNRE and SG 3 Oct 17 Meeting with all Regional Administrators and Regional Secretaries 4 Oct 17 Meeting between Ministers MNRE and MTAD and LMB 18 Oct 17 Project steering committee meeting #1 6 Nov 17 chiefs' meeting 15 Nov 17 Manzini region pilot area ( inkhundla) meeting 20 Nov 17 EU Results Oriented Monitoring mission, to 28 Nov. 27 Nov 17 chiefs' meeting 28 Nov 17 Delivery of second interim 6-month progress report 30 Jan 18 Project steering committee meeting #2 8 Mar 18 Start of fieldwork in Mbelebeleni chiefdom, Mkhiweni, Manzini 14 Mar 18 Dispute resolution workshop

31 May 19 End of project

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT VII

Shown below is the original project logical framework (log frame), with an additional comments column that reports progress against each indicator. Attached at Appendix A-1 is a revised log frame (including columns for means of verification and assumptions) from the Inception Report (approved 18 April 2017).

Table 2: Log Frame (original terms of reference 22 September 2016)

Intervention logic Objectively verifiable Progress / Comments indicators Overall To contribute to Increase in food security and (Requires ex-post Objective improving the security access to secure land in Pilot evaluation) of tenure and land areas. access for the rural poor thereby improving food security. Specific To provide tools and Updated cadastre available to Homestead Objective capacities for the public, the administration landholding maps and sustainable land and the traditional authorities records being administration and Titles formalised for SNL prepared in up to 4 management at % decrease in land tenure pilot areas (these national, regional and conflicts maps may be chiefdom level. integrated with the cadastre). Baseline data collection on disputes for ex-post evaluation. Expected Result 1 Tools Cadastral map of country Mapping and Results developed and used for updated and disseminated. recording of more efficient Land All Chiefdom boundaries homestead Administration of SNL at recognised based on maps landholdings in pilot the National and Single recognised System for area commenced in Tinkhundla level. mapping and registration one chiefdom. recognised by stakeholders. Chiefdom homestead Land information and grazing lands system/mapping shown on maps, system/tenure rights records which infers chiefdom system guide land tenure areas. planning and monitoring. Standard guidelines and manuals in preparation. LIMS concept designed; digital data collection underway. Result 2 Relevant Four Tinkhundla agree to Data collection for stakeholders capacitated pilot scheme. chiefdom land records to use the cadastre and Four Tinkhundla operating system in progress in manage SNL more land registration system with one inkhundla. efficiently and Chiefdoms. Manuals and sustainably. Four Tinkhundla able to materials for operate system in self- chiefdoms on land sustainable manner. administration Arbitration Tribunal operating processes (e.g. effectively at all levels. allocation) in preparation. Mediation endorsed by stakeholders as appropriate dispute resolution tool to

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT VIII

Intervention logic Objectively verifiable Progress / Comments indicators operate at chiefdom level.

Result 3 Institutional Recommendations made. Land institutional arrangements for SNL Recommendations adopted. reforms and endorsed by Further follow-on project arrangements stakeholders. designed and approved to roll stocktake and out this pilot. discussion paper in preparation (delayed). No progress on follow on project design.

The main issue is resource constraints and the concern is slow implementation progress. MOA staff for data collection have yet to be appointed; there are insufficient vehicles and funds for fuel and fieldwork allowances. Nevertheless, there is progress in one chiefdom, using MNRE staff and vehicles and contractor funds.

For the next 6-months, technical assistance support will focus on:

› Completing the data collection, quality assurance, and delivery of results in the form of maps and records to the first pilot area chiefdom.

› Commencement of fieldwork data collection in the remaining chiefdoms of the first pilot area, and chiefdoms of the second pilot area. If resources permit, commence fieldwork in the third and fourth pilot areas.

› Prepare drafts of procedural guidelines, manuals and training materials.

› Complete and distribute institutional arrangements stocktake report and discussion paper and hold workshop.

› Hold preliminary discussion on follow on project.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 1

1 Introduction

1) The Sustainable Land Administration and Management (SLAM) project is an initiative of the Government of the Kingdom of Swaziland represented by three key stakeholder agencies viz: Ministry of Natural Resources and Energy (MNRE); Ministry of Agriculture (MOA); and Ministry of Tinkhundla Administration and Development (MTAD). The Government received funding support of EUR 1.8 million from the European Union (EU). This funding enabled the contracting of a consulting company, COWI A/S of Denmark (hereinafter referred to as the Contractor), to provide support and advice in project implementation. The Aid Coordination Management Section (ACMS) of the Ministry of Economic Planning and Development is responsible for contract administration. An important external stakeholder and primary beneficiary of project support is the Land Management Board (LMB).

2) SLAM is one of ten pan-Africa projects supported by the European Union, conceptualised under the African Union Land Policy Initiative1, endorsed by the heads of state and governments of all AU countries, including Swaziland. This declaration on land issues and challenges in Africa, committed countries to, amongst other things, support effective development and implementation of land policies. The SLAM project is a direct consequence of this.

3) The overall objective of SLAM is to contribute to improved food security and land access for the rural poor. Objectives that are more specific include tools and capacity for sustainable land administration principally at chiefdom level but also at tinkhundla and regional levels, and to a lesser extent at national level. The initial focus is on four pilot areas, one in each of the four regions. Each pilot area is an inkhundla and its constituent chiefdoms. Technical assistance support to key stakeholder agencies aims to help them implement the project by providing advice, recommendations, training, and guidance on appropriate land administration systems and processes. This includes, among other things, appropriate information management technologies, guidance on dispute resolution and proposals for institutional reforms.

4) COWI works closely with internal stakeholders to achieve results in three areas:

i) Tools developed and used for more efficient Land Administration of SNL at the National and Tinkhundla level. Expected outputs are: cadastral map of country updated and disseminated; all Chiefdom boundaries recognised based on maps; single recognised system for mapping and registration recognised by stakeholders; and, land information system/mapping system/tenure rights records system guide land tenure planning and monitoring.

1 http://africalandpolicy.org/eu-programme/

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 2

ii) Relevant stakeholders capacitated to use the cadastre and manage SNL more efficiently and sustainably. Expected outputs are: four Tinkhundla agree to pilot scheme; four Tinkhundla operating land registration system with Chiefdoms; four Tinkhundla able to operate system in self-sustainable manner; and, Arbitration Tribunal operating effectively at all levels.

iii) Institutional arrangements for SNL endorsed by stakeholders. Expected outputs are: recommendations made; recommendations adopted; further follow-on project designed and approved to roll out this pilot rationalised and streamlined land administration arrangements that are recognised and used by stakeholders.

5) Technical assistance support provided by COWI consists primarily of the following inputs of advisers and experts:

Table 3: Technical assistance input

Position Designation Total number of input days2 Institutional adviser and team leader Key expert 600 Surveyor Key expert 160 Senior trainer(s) Non key expert 60 Junior trainer(s) Non key expert 50 Tinkhundla advisers (2) Non key expert 1,200 Senior expert(s) Non key expert 50 Junior experts(s) Non key expert 50

6) This technical assistance support takes place over 32 months, reduced from 36 months due to delays in procuring the service contract within the timelines of the EU/GOS financing agreement.

7) The overall project budget is EUR1.8 million of which EUR1,285,963 is allocated to technical assistance. The budget also provides EUR120,000 for supply contract procurements, principally for IT and GPS equipment, and EUR100,000 for incidental expenditure, such as communications and training. A service contract for aerial photography costing EUR300,000 has since been cancelled because it is no longer needed, and some of the funds reallocated to additional items of IT and GPS equipment. The balance of funds, amounting to approximately EUR55,000 remains unallocated but unavailable for project use due to EU budget amendment rules (that restrict changes in the last two years of the EU/GOS financing agreement).

8) A Project Steering Committee (PSC) composed of representatives of internal and external stakeholders oversees implementation of the SLAM project. The PSC met twice during the reporting period, on 18 October 2017 and 30 January 2018. A project management committee continues to meet regularly (monthly) and functions as a technical committee.

2 As per TA contract dated 27 September 2015, and valid at 31 March 2018.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 3

9) This report is the third of six expected 6-monthly progress reports, as required by the technical assistance terms of reference (TOR) article 7.1.

10) The TA work plan shown below indicates in relation to the reporting date (red/bold line) the activities completed, in progress and planned.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 4

Table 4: Work plan (revised Inception Report version, 15 March 2017)

Project Input Timetable 2016 2017 2018 2019 M onth number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M onth O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M 0 Inception Phase 0.1 M obilisation of key experts 0.2 Kick-off meetings with Client 0.3 Key stakeholder identification and introductory meetings 0.4 Collect / review studies, documents, project reports, and data 0.5 Stakeholder identification 0.6 Approval of non-key expert selection criteria & Tinkhundla Advisers 0.7 Prepare & submit draft Inception report 0.8 W1 Workshop on project inception 0.9 D 1 Finalise & deliver Inception Report 1 Implementation Phase preparatory activities 1.1 Selection and approval of remaining non-key experts 1.2 Stakeholder meetings 1.3 Pilot areas – selection criteria approved and areas identified 1.4 Prepare communications / public outreach strategy 1.5 Prepare gender & youth strategy 1.6 Prepare monitoring and evaluation framework 2 Implementation Phase crosscutting activity -- pilot projects 2.1 Pilot areas selected & confirmed 2.2 Pilot area detailed planning 2.3 Counterpart staff training 2.4 Support office set up in pilot areas 2.5 Pilot area 1 field & office work 2.6 Pilot area 2 field & office work 2.7 Pilot area 3 field & office work 2.8 Pilot area 3 field & office work 3 Implementation Phase activity 1 - land administration tools (mapping, data collection, surveying) 3.1 Review aerial survey and GPS equipment needs 3.2 Communications / public outreach plan (communities and stakeholders) 3.3 Compile area 1 land use map and rights register, the validated by the community 3.4 Compile area 2 land use map and rights register, the validated by the community 3.5 Compile area 3 land use map and rights register, the validated by the community 3.6 Compile area 4 land use map and rights register, the validated by the community 3.7 Cadastral surveying of certain, agreed, undisputed chiefdom areas 3.8 W2 Workshop on draft cadastral map 3.9 D4 Finalise & submit cadastral map and submit to key stakeholders 3.10 D3 Prepare options report for land information management 3.11 W3 Workshop on options for land information management 3.12 D5 Prepare procurement specs for LIM S 3.13 Support procurement and installation of LIM S 3.14 D7 Guidelines and procedures manual on land administration 3.15 D 8 Training manual on land administration 3.16 Develop dispute resolution methodology 3.17 W4 Workshop on dispute resolution 3.18 D9 Finalise dispute resolution methods and prepare guidelines 3.19 D 10 Report on land administration tools

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 5

Project Input Timetable 2016 2017 2018 2019 M onth number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M onth O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M 4 Implementation phase – activity 2 (capacity building) 4.1 Undertake capacity assessment for sustainable land administration 4.2 D 11 Prepare capacity-building and training plan 4.3 T1 National-level training on SLAM & ADR 4.4 D 12 Report on national-level training and sensitisation programme 4.5 T2 Region & tinkhundla training on SLAM & ADR 4.6 D 13 Report on Region & Inkhundla SLAM & ADR training 4.7 T3 Chiefdom-level training on dispute resolution 4.8 D 14 Report on chiefdom SLAM & ADR training 4.9 Support establishment of Inkhundla dispute resolution system 4.10 D 15 Report on dispute resolution capacity building 5 Implementation phase – activity 3 (institutional arrangements for non-TDL / SNL). 5.1 D 16 Carry out stock-take assessing progress of land reforms already initiated 5.2 D 17 Develop & prepare draft plan for non-TDL land institution reforms 5.3 W5 Key stakeholder workshop on non-TDL land institution reforms 5.4 D 18 Prepare revised draft plan for non-TDL land governance reforms 5.5 W6 Stakeholder workshop on non-TDL land governance reforms 5.6 D 19 Finalise non-TDL land institution arrangement plan 5.7 Support implementation of the governance and institution reform plan 6 Close out phase 6.1 Prepare exit strategy, scale up and sustainability plan 6.2 W7 Workshop on project close and sustainability 6.3 Disengage oversight of land administration and management systems 6.4 D 2 0 Draft final project report 6.5 W 8 Key s takeholder workshop on project end and report 6.6 D 2 3 Finalise and submit final project report 6.7 Contractor demobilises

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 6

2 Summary of Technical Assistance Support Provided in the 6-Month Reporting Period (Oct'17 to Mar'18)

11) This third 6-month progress report covers the period October 2017 to March 2018 inclusive. The project is structured into three phases – inception, implementation and close out. The implementation phase begins with a preparatory sub-phase and includes activities identified as crosscutting.

2.1 Inception Phase

12) The inception phase commenced on mobilisation of the team leader on 3 October 2016, and ended with the delivery of the Inception Report on 16 December 2016. All inception phase activities are complete and results achieved as shown in Appendix A-2.

2.2 Implementation Phase - Preparatory

13) The preparatory phase provides a bridge between inception and implementation; this phase involves stakeholder engagement, more detailed design work, and groundwork for implementation. All activities in the preparatory phase are complete. Of note, is that the selection of four pilot areas following meetings with each region based on the selection criteria and then confirmed by each respective Regional Administrator. These pilot areas are shown in Table 5 and figure 1, below.

Table 5: Selected pilot areas

Region Inkhundla Chiefdom Region Inkhundla Chiefdom

Hhohho Bulandzeni Lubombo Etjedze (#10) Ludlawini (#15) Malindza Nkamanzi Njabulweni Kwaliweni Macetjeni Ndzingeni Mdumezulu Mgungundlovu Mvuma Sigcaweni

Manzini Mkhiweni Dvokolwako Shiselweni Ngololweni (#37) Mbelebeleni (#51) Nkhungwini Ekutsimuleni Nkalaneni Kagwegwe Gasa Lomfa

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 7

Figure 1: Pilot area tinkhundla

Officially, Sandleni inkhundla has thirteen chiefdoms, but only six are listed above. The remaining seven fall mostly or wholly outside of the inkhundla and therefore less priority. If time and resources permit, fieldwork may continue to include these chiefdoms. The use of locally based volunteer enumerators will be tested in Sandleni, and if successful and with sufficient numbers of volunteers, it may be possible to complete all 13 chiefdoms in Sandleni and all 31 chiefdoms in the 4 pilot areas.

2.3 Implementation Phase Result area 1 – tools are developed and used for more efficient Land Administration of Swazi Nation Land

14) Following identification of the four pilot areas, meetings with regional administrations and tinkhundla paved the way for local chiefdom meetings and the mobilisation of field teams. Table 6 lists all preparatory communication meetings held to date.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 8

Table 6: Preparatory communications meetings and dates held.

Region Tinkhundla Chiefdom Chiefdom Fieldwork (bandlancane) (bandlankhulu) Manzini Mkhiweni Mbelebeleni Mbelebeleni Mbelebeleni 06/11/2017 15/11/2017 23/11/2017 30/11/2017 08/03/2018 Kutsimuleni Kutsimuleni 24/11/2017 09/12/2017 Dvokolwako Dvokolwako 04/12/2017 09/12/2017

Shiselweni Sandleni Nkhungwini 27/11/2017 11/12/2017 30/01/2018 Ngololweni 31/01/2018 Nkalaneni 05/02/2018 Lomfa 07/02/2018 Kagwegwe 27/02/2018

Hhohho Ndzingeni

Lubombo Dvokodvweni

15) In addition to chiefdom community (bandlankhulu), there are meetings at ward/section/zone level immediately prior to start of fieldwork to help ensure that homestead representatives are present during field data collection.

16) Based on data supplied by the Census Office, fieldwork planning estimates 180 working days for one field team (of 2 persons) to complete data collection in a pilot area. The basis for the estimate is the number of homesteads in Mkhiweni inkhundla (1,800) and the productivity of census enumerators (data collectors) per day (10).

17) Prior to fieldwork for landholding data collection, a participatory mapping exercise identifies the chiefdom's common lands. These are mainly grazing land but may include wetlands and forests. Mapping is done by community members (bandlancane and imisumphe) marking-up an orthophotomap print. Training enables participants unfamiliar with orthophotomaps to interpret them and identify features.

18) Testing of the data collection (software) application demonstrated that some but not all respondents could identify their landholding on the digital orthophoto map. Where landholders were unfamiliar with image maps or unsure, the land area extent is identified on the ground using the GPS functionality built in to the tablet computer.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 9

Figure 2: Data collection application – GeoODK (tablet computer)

19) Despite resource constraints, fieldwork got underway in Mbelebeleni chiefdom on 8th March 2018. Six staff of the Surveyor General's Department were trained on the data collection application and mobilised using SGD and COWI vehicles. Because the costs of fieldwork are not permissible and reimbursable incidental expenditure, COWI provides daily allowances of E50 per day per person, and SGD and COWI provide fuel for the vehicles.

20) As expected, data collection progress accelerates as enumerators become more familiar with the task and community members become more aware of activities in their locality. Table 7 below shows data collection progress up to 31 March 2018.

Table 7: Fieldwork progress

Land- holding Enumerat Average Date Where Data ors per day. captured 1 23-Feb Mbelebeleni, Mkhiweni, Manzini 2 1 2

2 27-Feb Mbelebeleni, Mkhiweni, Manzini 9 5 2

3 08-Mar Mbelebeleni, Mkhiweni, Manzini 10 3 3

4 13-Mar Mbelebeleni, Mkhiweni, Manzini 20 6 3

5 20-Mar Mbelebeleni, Mkhiweni, Manzini 28 7 4

6 21-Mar Mbelebeleni, Mkhiweni, Manzini 21 7 3

7 26-Mar Mbelebeleni, Mkhiweni, Manzini 18 4 5

8 27-Mar Mbelebeleni, Mkhiweni, Manzini 12 5 2

9 28-Mar Mbelebeleni, Mkhiweni, Manzini 12 4 3

21) The data collection rate (per enumerator per day) is less than expected – about half of that achieved by the population census. Current logistical arrangements are a constraint. These and other problems may be summarised as:

› Transportation – only one or two vehicles available; fuelling is at CTA (when fuel available and only between 0800 and 1600); travel time from Mbabane; public service working hours and conditions.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 10

› Field staff – insufficient enumerators. Authority for recruitment of additional staff provided by MOA still not secured.

› Unavailability of some homestead respondents.

22) These constraints are among the project's issues and concerns, and together with associated risks and mitigation options, discussed in section 4.

23) Other completed or ongoing activities in result area 1 include:

› Assistance to the SGD to check specifications and create an inventory of IT equipment delivered under lot 2 of the supply contract.

› Set up and configure on behalf of SGD the computer server for hosting the LIMS.

› Set up and tested two options for field data collection (Open Tenure and GeoODK). Based on the tests, GeoODK is the preferred tool.

› Preparation and printing of various communication materials, such as leaflets and posters.

› Training session on 15 February on field data collection. Preparation of training materials on map and image interpretation and orthophoto rectification and image processing.

› Workshop held on 14th March 2018 on SNL dispute resolution. Stakeholders recognized the discussion paper as representing a reasonably accurate account of customary dispute resolution and concluded that the project, in the pilot phase, should focus on strengthening mediation skills at chiefdom level.

Result Area 2: Relevant stakeholders capacitated to use the cadastre and manage Swazi Nation Land more efficiently and sustainably.

24) Completed or ongoing activities in result area 2 include:

› Capacity assessment and training plan for sustainable land administration started and in progress (behind schedule due to delays in identification and recruitment of local senior training expert).

Result Area 3 – institutional arrangements for non-Title Deed Land / SNL are endorsed by stakeholders

25) Completed or ongoing activities in result area 3 include:

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 11

› Stocktake of land administration institutional reforms started and ongoing but not completed (behind schedule due to other more urgent actions, such as getting fieldwork started).

3 Technical Assistance Support Planned for the Next 6- Month Reporting Period (Apr'18 to Sep'18)

26) The tables in Appendix A-2 indicate the activities planned in the next reporting period according to the work plan. There are no activities planned in both the inception and implementation/preparatory phases because these are complete.

3.1 Implementation Phase

27) In result area 1 (tools are developed and used for more efficient Land Administration of Swazi Nation Land) planned activities include:

› Continuation and completion of fieldwork in Mkhiweni inkhundla. Results reviewed and accepted by the chief, inner council and community members. Delivery of landholding data to the umphakatsi. Training in land governance, administration, and management and use of land records data (repeat for every chiefdom where fieldwork begins and ends).

› Community meetings in six chiefdoms of Sandleni inkhundla followed immediately by the start of fieldwork. Completion in these 6 chiefdoms is expected and work to continue to the remaining 7 chiefdoms where time and number of volunteer enumerators permit.

› Regional meetings for all chiefs in Hhohho and Lubombo followed by inkhundla meetings. Fieldwork may start depending on the remaining project time and available human resources (enumerators)3.

› Design and configuration of Land Information Management System.

› Prepare technical manuals for field data collection and user guidelines on land information management (landholding records administration).

› Commence preparation of land administration guidelines (e.g. land allocation procedures, land use change, dispute resolution).

28) In result area 2 (relevant stakeholders capacitated to use the cadastre and manage Swazi Nation Land more efficiently and sustainably), planned activities include:

3 Fieldwork will not start in a chiefdom unless there is time to complete all data collection, quality assure and review the data, and results accepted by the chiefdom.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 12

› Finalisation of the training plan and start of training on land data collection and processing.

› Preparation of training materials on (a) dispute mediation, (b) land data collection and processing, (c) land governance and land administration.

› Implement communications strategy on land governance and administration aligned to the training programme.

29) In result area 3 (institutional arrangements for non-Title Deed Land / SNL are endorsed by stakeholders) planned activities include:

› Complete institutional stocktake and assessment discussion paper and then circulated for review and comments.

› Workshop of institutional arrangements for SNL / non-TDL land.

3.2 Exit phase

30) A mission by the programme coordinator of the EU Land Governance Programme transversal support facility based in Addis Ababa is scheduled for the August or September 2018. One purpose of this mission is to initiate discussions about a follow-on project.

4 Project Management

4.1 Project Steering Committee

31) The PSC met twice during the reporting period, on 18 October 2017 and on 31 January 2018.

4.2 Project Management Meetings

32) The project management committee4 held three meetings during the reporting period, on 05 December 2017, 12 January and 6 February 2018. Agenda items included selections of senior and junior training experts, budget and work plan revisions, procurement, as well as reporting on progress and other technical matters.

4 The PMC comprises representatives of the internal stakeholders, who are: Ms Lynn Kota (Project Director – SWADE); Mr Sydney Simelane (Surveyor General – MNRE); Mr Sipho Shiba (Land Use Planner – MOA); Mr Amos Maziya (Deputy Director Decentralisation – MTAD); Mr Malangeni Gamedze (M&E officer, Community Development Dept. - MTAD); Mr Lwazi Mkhabela (Economist – ACMS/MEPD).

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 13

4.3 Other Meetings

33) Appendix A-3 lists all material stakeholder meetings held during the reporting period.

4.4 Contract Matters

34) Communication between the Contractor (COWI) and Contracting Authority (MEPD) has been frequent but routine. There have been no formal, contract- related meetings held during the reporting period, and no written communication about contract performance by the Contractor or Contractor's staff.

35) On 29 February 2018, the Contractor submitted a letter proposing amendments to the project terms of reference and log frame resulting from the EU monitoring mission in November 2017 and subsequent decisions of the Project Steering Committee and discussions held between the Contractor and Contracting Authority. This proposal, if approved, has consequential contract amendments (because the TOR and log frame are part of the contract). By the end of the reporting period, 31 March 2018, finalising and approving the contract amendment remains pending.

4.5 Project Monitoring

36) A EU Results Oriented Monitoring (ROM) mission took place between 20-28 November 2018 to review project implementation progress. A draft report of the monitoring review consultant was received on 04 January 2018 and at the request of the EUD comments on the draft were provided on 16 January 2018. A final version of the ROM report has not been received.

4.6 Project Website

37) In accordance with the TOR5, a project website for knowledge sharing has been set up on the EU capacity for development web platform (capacity4dev.eu). The SLAM project website6 is public but only registered users can add or edit content. Currently the site is populated with project information, latest news, background and discussion documents, and fieldwork photographs.

5 s4.2 "The Contractor shall ensure the capitalisation and sharing of knowledge related to the implementation of the project. It concerns observations of technical and pedagogical value, which are interesting for other professionals, and which do not infringe with the obligations of article 14 of the General Conditions of the Contract. For sharing such information, the Contractor shall use the capacity4dev.eu web platform." 6 https://europa.eu/capacity4dev/sustainable-land-administration-and-management

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 14

4.7 Issues and Concerns

38) The principal issue in project implementation remains slow progress. Traditional protocol dictated that following selection of the pilot areas, information meetings are held in sequence of:

› Regional chiefs › Inkhundla › Chief › Chiefdom councils (bandlancane, development committee, etc.) › Chiefdom community (bandlankhulu)

39) These meetings take time to organise; nevertheless, many were held during November and December (see Table 6 on page 8) but fieldwork was delayed in observance to national events such as Incwala and the Marula festival.

40) Although agreement has been secured for the recruitment of 10 field data enumerators funded by the MOA, the process is protracted and involving the Public Service Commission (mobilisation is now expected 02 May 2018). In the interim, the SGD are providing up to seven staff and two vehicles to enable fieldwork to commence (COWI is providing field allowances of E50 per person per day and some fuel for the vehicles). Currently available resources will be insufficient to complete all the expected fieldwork, in all four pilot areas, in the remaining project time. The MOA enumerators will enable increased data collection if additional vehicles are secured. MNRE have submitted a budget request for the 2018-19 financial to support SLAM, which may provide additional resources, such as vehicles, from May 2018. Constraints will remain, however, with respect to vehicle fuelling arrangements and the length of the working day (see §21).

41) Opposition to the project is a risk identified during project conception. Mitigation strategies, such as the strict observance of traditional protocol, have helped reduce this. Further, the project is well received at local level and this has helped to keep opposition in check. Nevertheless, there is potential, latent opposition from conservative traditionalists, who in the past have resisted any intervention in land policy, legislation, tenure or administration affecting SNL and this remains a concern.

42) Although delivery took place of project-related IT equipment, there were delays causing disruptions, and not all equipment initial delivered met the required specification, and had to be returned and replaced with equipment that did. Although project TA provides support to SGD in checking and setting up hardware and software, the TA time for this activity is limited and therefore a constraint.

43) As work gets underway on matters related to institutional and organisational arrangements for land administration and management, it is becoming apparent that widely different views exist on this issue. A project output or result expected is that "institutional arrangements for non-title deed land / SNL are endorsed by stakeholders". Bringing these divergent views together

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 15

into a consensus on future arrangements, will require compelling advocacy backed by convincing evidence.

44) Other issues and concerns, highlighted in earlier progress reports, remain extant. These are:

› Reduction of project duration from 36 to 32 months, and ambiguity on a possible four-month extension.

› Although the senior and junior experts (information technology) were mobilized during the reporting period, insufficient TA input days for the junior expert in particular to support the IT and information system needs of the project is a constraint. However, this may be addressed in large part by a pending contract addendum.

› The required output for result area 3 that "institutional arrangements for non-Title Deed Land / SNL are endorsed by stakeholders" is unlikely to be 'endorsed' because of a wide range of stakeholder views on this. However, this issue may be addressed by the pending contract addendum.

45) The risk matrix shown at Appendix A-4 highlights these and other issues and concerns together with proposed mitigation measures. Of note, is the option, which may be explored in the coming project period, of using local volunteer enumerators based in each inkhundla to reduce the impact of resource constraints and to maximise daily data collection.

4.8 Risk Management

46) Risk is managed by the identification of risk factors and application of appropriate mitigation measures. The TOR originally identified some risks and mitigation measures, then updated and expanded during the inception period. This revised risk matrix is attached at Appendix A-4. Mitigation actions and risk re-assessments can be summarised as:

› #1 Traditional Authority support and participation: In the previous assessment, this risk was reduced from medium to low. Based on the dialogue between the project and chiefs and chief's councils and experience to date, this reduction proved accurate. However, it should remain a risk but a 'low' one, due to known antipathy from certain conservative traditional quarters.

› #2 Community participation: A low risk with medium impact, which remains the case. Although community meeting attendance has been high, the cooperation and participation of community leaders in fieldwork good, there remains a sizeable minority of homesteads (21%) where senior family members are not available at the time of data collection.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 16

› #3 Traditional Authorities do not support project-led delimitation of boundaries: From the results of the EBC chiefdom area mapping exercise7 and project dialogue, it is now clear that the likelihood and impact of this are both high, and for this reason, the proposal is to eliminate this activity and result from the project at this time.

› #4 Insufficient funding for local dispute resolution services: The outcome of the dispute resolution workshop held on 14 March resolved that mediation skills and services should be strengthened at local, chiefdom level. Currently, chiefdom inner councils help resolve disputes at no cost to community members. The application of mediation services is expected to be similarly available and therefore the likelihood and impact of insufficient funding remains low.

› #5 (Land administration) system is not supported or used at local Chiefdom level: Assessed as low risk, and based on early indications and feedback from the pilot areas, remains low risk.

› #6 Slow progress: This risk relates to arranging meetings and decision- making. The likelihood remains at medium because of the political- economy issues surround land matters, but the impact is reduced to low following the meeting with HMK, and the selection and start of fieldwork in the pilot areas. An associated risk relates to fieldwork progress. With currently available (limited) resources (enumerators, vehicles, etc.) fieldwork progress is half of what is expected.

› #7 Pilot area work not completed on schedule: The likelihood raised to high and remains so given resource constraints and low fieldwork productivity. Mitigate by additional project support by unallocated or reallocated funds and additional MNRE budget, and use of local people for data collection instead of MNRE/MOA staff. Impact reduced to low because completion of work in all chiefdoms in the four pilot areas may not be necessary to demonstrate feasibility and results.

› #8 Non-availability of field and office equipment: Likelihood now removed following delivery of equipment.

› #9 Lack of project awareness and appreciation: likelihood and impact assessment remains low because of communications, strategy, growing awareness, distribution of printed materials, and a sufficient project incidental expenditure budget.

7 Carried out during the first half of 2017 by the Elections and Boundaries Commission with support of the Surveyor General's Department.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 17

4.9 Utilisation of Backstopping Support

47) During the reporting period, the contractor's home-based project manager provided backstopping support for financial management and quality control.

48) Some backstopping support, not part of approved working days, was provided by both the senior expert (information technology) and junior expert (information technology). However, the increasing level of this support required of the senior expert (information technology) culminated in a request for the remote working, which the Contracting Authority approved on 15 March 2018.

5 Conclusion (lessons learned)

49) Cognisant of the resources needed to systematically collect land rights data on a large scale, and the constraints often arising from insufficient counterpart/government resources, COWI originally proposed that community leaders and members be responsible for and undertake field data collection in their areas. However, the assumption made in this proposition subsequently proved invalid because (a) communities' experience and expectations that donors usually provide material incentives, such as stipends, for participation in or working for the project, and (b) that other recent and ongoing projects collected land use data using contracted enumerators. Pro bono use of community members is unrealistic, and therefore funds are needed for local employment. The conclusion and lesson learned here is that projects that involve large-scale data capture must anticipate, identify and may provision for sufficient resources to support fieldwork.

50) As technical assistance advisers, COWI supports but does not lead the activity for land records data collection. Moreover, the TA project budget does not provide funding for data collection fieldwork, payment of staff, vehicles, etc.; counterpart agencies, particularly the MNRE and MOA, must do so. However, in the current fiscal environment, securing and releasing government funds is a challenge.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 18

Appendix A -1 SLAM Project Log Frame

Intervention logic Objectively verifiable Means of Assumptions indicators verification

Overall To contribute to Food security improves Agricultural No adverse impacts of Objective improving land use and by 10% in the pilot areas census climate change or access for the rural 3 years after the end of statistics. other external factors poor thereby improving the project. or events. food security.

Specific To provide tools and Updated cadastre and Project Key stakeholders Objective capacities for land records available to reports. endorse updated sustainable land chiefs, communities, Tinkhundla cadastre maps and administration at traditional authorities, and local land chiefdom, tinkhundla, and others by the end of chiefdom administration regional, and national, the project. records. systems. levels. 5% decrease in land No adverse effects of conflicts by project end. climate change or land pressures due to new allocations.

Expected Result 1 Tools By the end of the Stakeholder Government and Results developed and used for project: reports. traditional authorities more efficient SNL Cadastral map of country Project accept land use and administration at updated and reports. cadastral maps of chiefdom, tinkhundla, disseminated. SNL. regional, and national, All pilot chiefdom areas Land information levels. identifiable based on collected is then maps. maintained and used Single recognised system effectively. for SNL land administration. Land information system in place and operational to guide land allocation, planning and development.

Result 2 Relevant By the end of the Project Tinkhundla and stakeholders project: reports. chiefdoms agree to capacitated to use the Four Tinkhundla Region and pilot scheme. cadastre and manage operating land tinkhundla SNL more efficiently administration systems reports. and sustainably. within Chiefdoms. Chiefdoms in four Tinkhundla able to operate system in self- sustainable manner. Alternative dispute resolution operating effectively at all levels.5

Result 3 Institutional Recommendations made Project Pilot projects are arrangements for SNL and adopted by the end reports. successful. endorsed by of the project. stakeholders. Further follow-on project designed and approved to roll out this pilot.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 19

Appendix A -2 Work Plan Activities, Results and Plan for Next Period.

1) Inception Phase Activities:

# Activity Results Status 0.1 Mobilisation of KE1 Institutional adviser and team leader (Sean Johnson) Complete key experts mobilised on 3 October 2016. KE2 surveyor (Albert Mhlanga) mobilised on 21 November 2016. 0.2 Kick-off A project commencement meeting took place on 4 October 2016 Complete meetings with at the EU Delegation offices where the Consultant met Client representatives of EU Delegation in Mbabane, the Contracting Authority, and key stakeholders. 0.3 Key All stakeholders, internal (key) and external, now identified. Complete stakeholder Meetings held with all internal stakeholders. Meetings with identification & external stakeholders still pending observance of required intro meetings protocols. 0.4 Collect & All legislation, policies, strategies, plans, reports, and data Complete review... collected and reviewed. See Inception Report appendix A for a full list. 0.5 Stakeholder Preparation of the communications strategy has enabled the Complete identification identification of all stakeholders and relationships between them. 0.6 Approval of Selection criteria and selection of preferred candidates for posts Complete non-key of tinkhundla advisers approved by Contracting Authority on 27 expert... Feb 2017. 0.7 Prepare & A draft Inception Report submitted for review and comment on Complete submit draft IR 16 December 2016. 0.8 Workshop IR The inception workshop took place on 7 February 2017. Complete 0.9 Deliver final IR. The inception workshop provided oral comments, subsequently Complete incorporated into a revised version of the report submitted to the Contracting Authority on 17 March 2017.

2) Implementation Phase – Preparatory Activities

# Activity Results Status 1.1 Selection and (a) Tinkhundla advisers – selection approved and mobilised on Complete approval of non- 01 April 2017. key experts (b) Senior experts – selection approved and senior expert in IT Complete (Jan van Bennekom-Minnema) mobilised on 10 July 2017, and senior expert in communications (Marianne Buhrkal-Sorenson) on 3 July 2017. (c) Junior experts – selection approved and junior expert in Complete community development (Sazikazi Ntshalintshali) mobilised on 19 July 2017. The junior expert in IT (Thokozani Ginindza) has not yet mobilised. (d) Senior and junior training experts – selection has not yet Complete commenced. 1.2 Stakeholder Meetings to follow up on introductions with stakeholders and to Complete meetings collect project data and information took place during the reporting period. 1.3 Pilot areas Criteria for pilot area selection prepared, proposed and adopted Complete selection criteria. by key internal stakeholders. Selection of the pilot areas is pending the meetings with the RAs and chiefs. A scenario analysis using the selection criteria has been

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 20

# Activity Results Status prepared to illustrate its application and possible results. 1.4 Prepare Communications strategy prepared and delivered to internal Complete communications stakeholders for review and comment on 29 September 2017. strategy 1.5 Prepare gender The gender and youth strategy has been prepared in draft but Complete & youth strategy pending internal approval. 1.6 Prepare M&E Commenced but not yet complete; awaiting finalisation of the Complete framework communications strategy and gender and youth strategy.

2) Implementation Phase – Pilot Areas

# Activity Results Status / Planned 2.1 Pilot areas Four pilot areas selected and confirmed by Regional Complete selected and Administrators. confirmed. 2.2 Pilot area The original fieldwork plan was prepared on the assumption that Ongoing; detailed community members would undertake the bulk of the work; this plan to be planning proved unrealistic. Revised plan prepared based on recent revised and population census productivity statistics. A further revision will updated. be necessary based on the results from the first pilot area chiefdom. 2.3 Counterpart Training completed for SGD staff in field data collection, and one Training staff training chiefdom in orthophotomap interpretation and participatory land needs use mapping. Prerequisites activities, not complete, are capacity assessment assessment and preparation of a training plan. and training plan being prepared. 2.4 Support office Revised approach means that land administration offices will be Project set up in pilot located in each chiefdom at the umphakatsi, and not at offices not areas tinkhundla. required.

Table 8: Activities in Result Area 1 - Tools are developed and used for more efficient Land Administration of Swazi Nation Land at National and Inkhundla level.

# Activity Results Status / Planned next period 3.1 Review aerial survey and GPS IT and GPS equipment Complete equipment needs. procured. 3.2 Communication and public Implementation of the Ongoing. Meetings planned for outreach. communication strategy (a) Kutsimuleni and commenced. Meetings held Dvokolwako chiefdoms; and planned. Material Sandleni chiefdoms and designed and printed. communities; Hhohho and Lubombo regions and chiefs. 3.3 Compile area 1 landholding Work in first chiefdom ongoing Complete remaining 25% of map and records. Mbelebeleni chiefdom; commence fieldwork in Kutsimuleni and Dvokolwako chiefdoms. 3.4 Compile area 2 landholding No progress Commence fieldwork in Lomfa map and records. and Gasa chiefdoms.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 21

# Activity Results Status / Planned next period 3.5 Compile area 3 landholding No progress Commence fieldwork if map and records. resources available. 3.6 Compile area 4 landholding No progress Commence fieldwork if map and records. resources available 3.7 Cadastral surveying of some, No progress Paused, pending approval to agreed, undisputed chiefdom delete activity. areas. 3.8 W2 Workshop on draft No progress Paused, pending approval to cadastral map delete activity and re-specify as workshop for landholding maps. 3.9 D4 Finalise & submit cadastral No progress Paused, pending approval to map and submit to key delete activity and re-specify stakeholders as workshop for landholding maps. 3.1 D3 Prepare options report for In progress – concept and Prepare and deliver report and 0 land information management specifications for LIMS. outline prepared. 3.1 W3 Workshop on options for No progress. To follow deliver of LIMS 1 land information management report. 3.1 D5 Prepare procurement Procurement from vendor of a Specifications for open source 2 specs for LIMS LIMS system not envisaged. and in-house developed system prepared in next period. 3.1 Support procurement and In progress. Equipment delivered; detailed 3 installation of LIMS design and customisation of LIMS planned for next period. 3.1 D7 Guidelines and procedures No activity in reporting period. Outline and some sections of 4 manual on land administration the manual will be prepared in next period. 3.1 D8 Training manual on land In progress. Contents being developed as 5 administration part of needs assessment and training plan. 3.1 Develop dispute resolution Discussion paper prepared Ongoing 6 methodology and circulated. 3.1 W4 Workshop on dispute Completed Outcome of workshop 7 resolution incorporated into training plan. 3.1 D9 Finalise dispute resolution In progress. Discussion paper outline 8 methods and prepare expanded and developed to guidelines form methods guidelines. 3.1 D10 Report on land Activity not planned in Planned for period Oct'18 to 9 administration tools reporting period. Mar'19.

Table 9: Activities in Result Area 2 - Relevant stakeholders capacitated to use the cadastre and manage Swazi Nation Land more efficiently and sustainably

# WBS Activity Results Status / Planned next period 4.1 Undertake capacity In progress Capacity assessment assessment for sustainable undertaken in parallel with land administration training needs assessment. Expected completion by September 2018. 4.2 D11 Prepare capacity-building In progress. Training needs assessment and and training plan preparation of training plan being undertaken with capacity

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 22

# WBS Activity Results Status / Planned next period assessment. Completion by end September 2018. 4.3 T1 National-level training on Workshop held on 14 March Outcome of workshop – SLAM & ADR directed by key stakeholders to 2018. Stakeholder focus ADR training on 4.4 D12 Report on national-level representatives came from training and sensitisation mediation at local level. programme national, regional, tinkhundla National level activity will be for and local levels. awareness. 4.5 T2 Region & tinkhundla Report on dispute resolution training on SLAM & ADR awareness, training and future 4.6 D13 Report on Region & capacity building programmed Inkhundla SLAM & ADR for early 2019. training 4.7 T3 Chiefdom-level training on dispute resolution 4.8 D14 Report on chiefdom SLAM & ADR training 4.9 Support establishment of No progress. No progress planned pending Inkhundla dispute resolution approval by contract system amendment to delete capacity building at tinkhundla and substitute same at umphakatsi. 4.10 D15 Report on dispute No progress. Not planned until 2019. resolution capacity building

Table 10: Activities in Result Area 3 - Institutional arrangements for non-Title Deed Land (SNL) are endorsed by stakeholders.

# WBS Activity Results Status / Planned next period 5.1 D16 Carry out stock-take assessing In progress. Planned for last period but progress of land reforms already initiated delayed due to other activities. Expected mid-May 2018. 5.2 D17 Develop & prepare draft plan for non- In progress. Draft expected by September TDL land institution reforms Initial concepts 2018. outlined. 5.3 W5 Key stakeholder workshop on non-TDL No progress Planned for November 2018. land institution reforms 5.4 D18 Prepare revised draft plan for non-TDL No progress Planned for early 2019. land governance reforms 5.5 W6 Stakeholder workshop on non-TDL land No progress Planned for 2019 governance reforms 5.6 D19 Finalise non-TDL land institution No progress Planned for 2019 arrangement plan 5.7 Support implementation of the governance No progress Planned for 2019 and institution reform plan

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 23

Appendix A -3 Contractor's Meetings Date Who Remarks 03 October 2017 Regional administrations Project introduction and selection of pilot areas 04 October 2017 Ministers & LMB Feedback on HMK meeting 06 October 2017 Manzini Region Administration Pilot area selection 18 October 2017 Project Steering Committee meeting Project oversight 19 October 2017 Hhohho regional administration Pilot area selection 19 October 2017 Registrar of Deeds Institutional arrangements 19 October 2017 Technical assistance team TA progress and planning 20 October 2017 Shiselweni Region Administration Pilot area selection 23 October 2017 Lubombo regional administration Pilot area selection 30 October 2017 Ministry of Agriculture (Land Use Planning) Data collection fieldwork 06 November 2017 Manzini Region Administrator and Chiefs Communication & awareness 15 November 2017 Mkhiweni Inkhundla Communication & awareness 23 November 2017 Mbelebeleni Community Leadership Communication & awareness 24 November 2017 Ekutsimuleni Community Leadership Communication & awareness 27 November 2017 Shiselweni Communication & awareness 30 November 2017 Mbelebeleni Community Communication & awareness 04 December 2017 Dvokolwako Community Leadership Communication & awareness 05 December 2017 Project Management Committee Implementation management 09 December 2017 Dvokolwako Community Communication & awareness 09 December 2017 Ekutsimuleni Community Communication & awareness 11 December 2017 Sandleni Inkhundla Communication & awareness 09 January 2018 Technical assistance team TA progress and planning 12 January 2018 Project Management Committee Implementation management 23 January 2018 Chairman Land Management Board Institutional arrangements 30 January 2018 Project Steering Committee meeting Project oversight 30 January 2018 Nkhungwini Community Leadership Communication & awareness 31 January 2018 Ngololweni Community Leadership Communication & awareness 05 February 2018 Nkhalaneni Community Leadership Communication & awareness 06 February 2018 Project Management Committee Implementation management 07-February 2018 Lomfa Community Leadership Communication & awareness 27 February 2018 Kontshingila-KaGwegwe Community Leadership Communication & awareness 28 February 2018 Technical assistance team TA progress and planning 06 March 2018 Mbelebeleni bandlankhulu Coordinate start of fieldwork 07 March 2018 SWADE Social Development Dept. SWADE dispute resolution 14 March 2018 Dispute resolution workshop Stakeholder input

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 24

Appendix A -4 Risk Matrix

Table 11: Risk Matrix (source: SLAM Inception Report ver1, March 2017)

Risk Narrative description Likeli- Impact Mitigation hood 1 Traditional Lack of engagement or 1. Proactive high-level political support is Authority pushback from Chiefs confirmed and constant. support and and Indvuna who begin 2. Inclusive and diplomatic dialogue and participation to question motives of continuous advocacy and encouragement. reforms and do not 3. Use objectivity in analysis and dialogue and cooperate. encourage innovation and compromise. High High 4. Consider bringing TAs closer to local government service delivery. 5. Promote greater project visibility and leadership role for LMB and MTAD, with MNRE, MOA, and SWADE in less conspicuous and supporting roles. 2 Community Farmers and rural 1. Leverage stakeholder support (TAs and local participation communities government) to encourage engagement and uninterested, participation. unavailable or Low Medium 2. Effective use of IEC and public outreach. uncooperative 3. Build linkages to chiefdom development plans and local development. 4. Demonstrate value of project results. 3 Chiefdom Traditional Authorities 1. Deal with boundary issue indirectly and not boundaries do not support project- as direct purpose of project or in any dialogue led delimitation of with chiefs. boundaries. 2. Build awareness at all levels GOS does not endorse Medium Low 2. Advocate for proactive support and Chiefdom boundaries intervention where necessary by the King's map. Council, Cabinet, LMB and Regional Administrators. 3. Incentivise agreements e.g. using CDPs. 4 Dispute Insufficient funding for 1. Advocate and plan for government budget resolution local dispute resolution support. services. 2. Seek and secure development partner or Low Low international NGO support. 3. Ensure operating cost of ADR is low. 4. Build in linkages and on top of customary dispute resolution methods. 5 Land System is not supported 1. Stress local land administration system that registration or used at local incorporates local norms and customary rules. systems Chiefdom level 2. Awareness and education to motivate progressive chiefs. Low Low 2. Build strong linkages between tinkhundla and chiefdoms in use of the systems. 3. System design is appropriate and sustainable.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 25

Risk Narrative description Likeli- Impact Mitigation hood 6 Slow Procrastination or 1. Stress linkages with government policy and progress avoidance of decision- strategy, broad stakeholder support for making due to reforms, and linkages with initiatives sensitivity and emanating from high traditional authority. complexity of land 2. Stress evolutionary approach and not issues. revolutionary. Introduce change in small Communication protocol Medium Medium measures, building on strengths of local dictates all stakeholders institutions. must be consulted in 3. Consider incentivising stakeholder correct sequence. engagement and participation. 4. Encourage project steering committee formation at the earliest date and their decisive leadership. 7 Pilot area Insufficient 1. Encourage project ownership by work not engagement, counterparts with them taking responsibility for completed participation and results. on schedule resources made 2. Awareness of project's strategic importance available by motivates prioritisation. Consultant's 3. Counterparts are nominated by project- counterpart agencies owning agencies and are available to work with Low Medium (SGD, MTAD, SWADE, the consultant and directly with the and MOA). beneficiaries. Training inputs 4. Capacity building by the Consultant is insufficient to build appropriate and effective. capacity at regional, 5. Counterpart staff trained to provide training tinkhundla and to beneficiaries. chiefdom levels. 8 Non- Delayed delivery of EU 1. Timely identification of need and early availability procured GPS preparation of specifications and procurement of field and equipment for mapping documents. Low Medium office and surveys and 2. Timely approvals and actions of Contracting equipment computer hardware and Authority and EU. software for LIMS. 9 Lack of Communication not 1. Stakeholder communication and public project reaching all outreach messages are effective and wide awareness stakeholders and reaching. Low Low and community members. 2. Sufficient incidental expenditure resources appreciation Messages are not are allocated for communication. effective.

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 26

Appendix A -5 Contracting Authority Comments on Draft Version of Report and Summary of Revisions

TECHNICAL ASSISTANCE TO SUSTAINABLE LAND ADMINISTRATION AND MANAGEMENT 27

ADDRESS COWI A/S Principal Secretary Parallelvej 2 Sustainable Land Administration and Management Project 2800 Kongens Lyngby Denmark Aid Coordination Management Section (ACMS)

Ministry of Economic Planning and Development TEL +45 56 40 00 00 Annex Building FAX +45 56 40 99 99 WWW cowi.com Hospital Hill

P. O. Box 602 DATE 24 May 2018 Mbabane PAGE 1/2 REF LBNI/sejn Swaziland PROJECT NO A083105

Your reference: EuropeAid/136656/IH/SER/SZ – Contract no: DCI-FOOD/2016/377-327

Dear Sir

Re: Technical Assistance Support to the Government of Swaziland in Sustainable Land Administration and Management – Third Interim Progress Report and Invoice 1004190983

Your letter of 23 May 2018 refers.

In accordance with article 7.1 of the project terms of reference, please find attached two (2) copies of the Third Interim Project Report, revised on 24 May 2018. This revised version follows submission of the first, draft version on 04 May 2014, and incorporates the comments stated in your letter.

Your attention is drawn to the following changes and clarifications:

1 Please find attached copies of your letters of 22 November and 06 December 2017 giving approval for both tinkhundla advisers to work on 25 November and 09 December 2017, respectively. The approved timesheets for this period, showing these days worked, are also attached.

2 The revised log frame (from the approved Inception report) deleted and substituted with the original log frame (from the terms of reference) as requested.

3 Please be assured that every effort will be made by the Contractor to assist with the completion of all 13 chiefdoms in Sandleni inkhundla and all 31 chiefdoms in the 4 pilot areas, but resource constrains highlighted elsewhere in the report and factors outside of the control of the Contractor mean that completion of the work by the project stakeholders cannot be ensured. However, completion is more likely if the use of volunteer enumerators proves successful and sufficient numbers then volunteer their time.

CVR 44623528

PAGE 2/2

4 Paragraph 28 revised to reflect more clearly that training would commence in the next reporting period.

5 Only home-based, remote backstopping support for technical assistance was foreseen. Paragraph 48 revised to reflect more clearly that both the senior and junior experts (information technology) provided backstopping support in addition to their approved input days.

6 The Appendices A-4 and A-5 deleted as requested.

Yours truly,

______Lars Bagge Hommel-Nielsen Project and Account Manager