Main proposal would be: To convert the existing department to an independent Authority.
- Towards an entirely new model of functioning
- Converting the present Department into an independent Authority, which fresh layers of scrutiny to deals involving government land
- The present system had failed the public and the Lands workers alike, but it will now have foolproof safeguards, more readily-available information and checks and balances, and will be frequently scrutinised
- Land is the most precious asset belonging to the government. The new system seeks to make the processes in the existing department more efficient. The old system failed both the employees of the department as well as people seeking lands services.
The New Lands Authority
- The authority will be obliged to keep an audit trail of its decision.
- The authority shall keep a publicly available online register, containing the board’s rationale for accepting or refusing applications.
- The main aim of this new authority is to function independently of politicians
- The authority will provide the appropriate tools for lands department employees to serve the people.
- The Authority will be the principal means whereby the government will implement its public land duties. The Authority will have the mandate to give advice to the government on certain decisions.
- All applications will have to be transparent and the public would be given more access to information.
- Independence of the new authority from Government
- New authority will add layer of scrutiny to government land deals
- The new Lands Authority should have a clear mission: “It seeks to optimise and assure the best use of public land, inclusive of the economic and social dynamic. This includes the provision of a reliable land management system and strengthening the accessibility of information.”
- The New Lands Authority to implement audits, checks and balances to safeguard against abuse.
- New Lands Authority to shelter it from political pressure
- The Authority will operate under a system of audits – commitment of towards transparency
- To implement a relevant IT system in order to make the new Authority more credible, efficient and accountable.
Board of Governors
- The Minister responsible for lands will be responsible for giving a strategic direction – but stops there. The implementation will be within the remit of the Board of Governors. The Board of Governors shall consult with the Minister, however at the end of the way it is up to the Board to take a final decision
- The board will be responsible for drafting everyday planning policies, relegating the minister responsible for lands from a role where he used to give the final stamp of approval on decisions into one whose role will be limited to giving strategic direction.
- People will be able to contest the authority’s decisions at the Administrative Review Tribunal
- The board of governors would have to inform the minister of any investigation conducted on any wrongdoing at the authority.
CEO
- The CEO will recommend to the Board, the Board can decide in favour or against, however each recommendation must pass through the Minister responsible. The Minister will then share his/her thoughts on the matter however the final decision is up to the Board.
- Processes within the Authority must follow good governance principle. The central government office, with executive powers, receives requests and processes them, receives complaints and suggestions, and then processes them. However final decisions can only be taken by the Board of Governors. Executive conduct will be dealt with by the CEO. The CEO will have the responsibility to implement the objectives of the Board of Governors.
- All members of government with a conflict of interest, direct or indirect, must present such information with the Board. There will be a clause known as ‘duty to give reasons’, meaning the Authority must give reasons for all decisions.
Chief Audit Officer (CAO)
- A Chief Audit Officer will be appointed to scrutinise all deals involving government land
- The authority would have an internal auditor
- A person with a complaint can pass it along electronically, via email or in person can do so at the Authority. The CAO has full powers to access information in order to conduct an investigation, and can also order computer data.
- The auditor’s aura constantly looming in the background will ensure the board’s independence.
- The Authority will be obliged to prepare an annual audit report.
