Newsletter

November 2013 Volume 03/13

Dear SARWA member: 2013 ends as South Africa, Africa and the whole world mourn one of its greatest sons Nelson Rolihlala Mandela. Our mourning is not one without hope but it is filled with gratitude, admiration, celebration and appreciation for a man we grew to know as Madiba – the liberator and father of our nation. He was indeed a father, a leader and statesman who stood for freedom, reconciliation, forgiveness, peace, equality and justice. He was indeed a world icon whose life brought us hope and inspiration. As the South African Rights of Way Association and our profession at large – we extend our condolences to the Mandela family and fellow South Africans, comrades, compatriots and friends. Lala kahle Dalibhungu May your great soul rest in peace and rise in glory!

Every time we reach this time of the year, most of us take time off to be with our loved ones and families as we share some merry moments and season greetings. We also use this time to reflect on the events of the past year and confirm our optimism on the future of our association.

First and foremost, let me extend my sincere thanks to all the members, Volunteers, Administrators, Executive Committee, Committee Chairs, IRWA International Executive Committee, International Governing Council, Board of Directors and Head Offices staff. It is because of the leadership, guidance and dedication of these men and woman that have witnessed progress and great strides in our professional association. The great sense of commitment continuously displayed by this leadership collective is encouraging, exemplary and educational. They are true volunteers of a great course!

I am particularly honoured to have been part of this leadership collective that saw the IRWA Board of Directors voting in favour of the establishment of regions outside United States and Canada. It also saw the approval of the formation of a second chapter in Africa in the form of Chapter 84 Nigeria. These remarkable events marked the new era for the international body, SARWA and the rest of African. We were indeed inspired by the determination and professional manner in which our friends and fellow professionals in Nigeria conducted the inaugural Annual General Meeting and Education Seminar that was held in Abuja Nigeria on the 13th November 2013. We were also encouraged in the way Chapter 84 embraced the principles, ethos, values and programmes of the Rights of Way Association. This development will certainly go a long way in the development and integration of Africa’s infrastructure, thereby eliminating some of Africa’s stubborn challenges.

During the last nine months, we also took great strides in our education programmes. Our members will be indeed be accredited, credentialed and will remain current with latest thinking, knowledge and technology. This will be done through well developed and packaged education programmes.

SARWA Contact Details

SARWA Contact Details PO Box 31863, Wonderboompoort, 0033 Tel : 083 632 7668 Fax: 086 654 7152 e-mail: [email protected]

Web www.sarwa.co.za

November 2013 Volume 03/13

The successful delivery of Course 213 Conflict Management in March 2013 by IRWA master facilitator, Ms Carol Brooks meant that we are now only one step to the attainment of the Right of Way Agent (R/WA) certification. The delivery of Course 100, Principles of Land Acquisition, will close the loop.

We are proud of the progress made on the accreditation of these courses with the South African Qualifications Authority (SAQA). I am particularly pleased by the strategic decisions taken by SARWA Executive Committee in developing their own facilitators, moderators and assessors.

I must also note that even though we have continuously encouraged active participation by all members and advocating for full functional SARWA Sub-Committee structure, our progress still falls short. It is partly for this reason that we will be encouraging nomination of individuals, within its membership, to take leadership positions as Chairs of the various Communities of Practice (CoP).

These would include pipeline, relocations, utilities, government, oil and gas, survey etc. We continue to be hopeful that our members will volunteer and embrace the responsibility for the advancement of our association and their own profession.

In the next two months or so before we converge again in Sandton for our Annual General Meeting and Education Conference in March 2014, we will continue to consolidate the gains of the past months. High on our agenda is ensuring membership value through accreditation and credentialing.

Going forward therefore, we will ensure that 2014 is a year of credentialing and accreditation. It should also be a year of the formation of IRWA Africa Region. I am confident of the leadership and commitment required to realise our collective aspirations. I can confirm - SARWA is well positioned, SARWA is financially stable and SARWA is fully geared towards the advancement of the rights of way profession in our country and the continent.

The Annual Conference already promises to be a great educational feast with International delegation, government representatives, renowned speakers and subject matter expects who will be joining us at Glenhove Conference Centre on 06 – 07 March 2014. I encourage all members and those aspiring to become members, to register early for the conference and be afforded a chance to join other fellow professionals, share views, international best practice and benchmarking on a range of rights of way issues.

As a final putting shot, I would like to encourage all our members and rights of way professionals in South Africa and rest of Africa to continue to strive for the development of our profession, to remain resolute to ideals of Nelson Mandela and to raise hope of all people in the delivery public infrastructure. May the teaching of Tata Nelson Mandela stay with us and inspire us to a greater and brighter future.

“As we let our light shine, we unconsciously give other people permission to do the same” – Nelson Mandela.

I wish all of you a merry Christmas and a prosperous 2014.

Muzi Shange President: IRWA Chapter 83 South Africa The South African Rights of Way Association

November 2013 Volume 03/13

Background

IRWA International Governing Council unanimously approved the creation of IRWA Chapter 84 Nigeria on the 9 the 14 th th October 2013. Subsequent to this approval, an inaugural annual general meeting and installation of Chapter Officers was scheduled for the 13 th November 2013 at Rock View Hotel Adetokunbo Ademola Crescent, Wuse II, Abuja Nigeria. The meeting was followed by a one day mandatory professional development Seminar on International Standards for Compulsory Land Take (Acquisition, Valuation and Compensation) which was held at Shehu Musa Yar’Adua, Abuja Nigeria on November 2013. This report provides feedback on these events.

IRWA Chapter 84 Inaugural Meeting

The International Rights of Way Association was duly represented by IRWA Chapter 83 President, Muzi Shange and IRWA Chapter 83 International Director, Ernest Grunewald.

At the start of the meeting, there was a singing of Nigeria national anthem which was followed by a much appreciated video message from our International President Ms Lisa Herrison.

Muzi Shange presented a paper on the international rights of way association as it relates to IRWA Vision, Mission, Code of Ethics, Professional Development, Education and benefits of becoming a member of the association. Emphasis and focus was given Current –Credentialed – Connected.

During the officer installation ceremony, Ernest Grunewald formally conducted the oath of office committing the new leadership to the articles of incorporation and bylaws of the International Right of Way Association

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Nigeria Chapter 84 Leadership

The duly elected members of the Chapter Executive Board are as follows: President: Charles Ebiai Vice President: Eze Odigbo Secretary: Kene Onuora Idogesit Akpan

Chair: Education

Kingsley Odeh

Chair: Membership

Adamu Kasimu

Editor: Newsletter

Nasiru Gaya International Director: Gershom Henshaw

Chair: Professional Development

Cosmas Ezeh The Nigerian rights of way association membership consists of multi-disciplined professionals employed by private industry and government agencies, mainly: Estate Surveyors, Acquisition Agents, Land Negotiators, Appraisers, Environment Professionals, Engineers, Lawyers, Property Managers, Relocation Assistance Agents, Surveyors, Title Experts, Geographic Information System (GIS) Officers.

November 2013 Volume 03/13

Professional Development Seminar - International Standards for Compulsory Land Take

The Nigeria Institution of Estate Surveyor and Valuers (NIESV) in conjunction with the Estate Surveyor and Valuers Registration Board of Nigeria held a successful seminar on international standards for compulsory land takes. The NIESV has professional membership of 6000 members in Nigeria. IRWA Chapter 84 will draw most of its members from this association. Members of NIESV were encouraged to join IRWA Chapter 84 as members and this was applauded by all members. IRWA Chapter 84 exhibition stand was setup outside the conference room. It is interesting to note that over 15 new members were signed up for IRWA membership on the day. Four papers were presented namely:     Public infrastructure development and rights of way acquisition – presented by Imo Ekanem; Public private partnership as a means of providing infrastructure – analysis of land swap scheme in the Federal Capital Territory (Abuja) – presented by Francis Okechukwu; Land take ensuring fairness – presented by Ernest Grunewald; Valuation reporting requirements in a resettlement action planning (RAP) process – presented by Adamu Kasimu.

November 2013 Volume 03/13

Landowners are not difficult people

It has been an amazing journey travelling around the provinces and interacting with landowners. I have been struck by one notable aspect - Contrary to popular opinion, the majority of landowners are actually very amiable people and the very few that are viewed as ‘difficult’ are actually justified in their actions.

The negotiation of servitudes, whether it is for power lines, pipes or communication lines leaves a certain ambience concerning the land once the structures have been erected. The majority of farmers believe that these structures have an effect on the value of the land and this is a key reason for the way they react and end up being so-called ‘difficult’. It is important to take cognizance of the fact that depending on the farming activity, for instance game farming, these structures can impact on the functionality of the farm and in some cases hunting by helicopters becomes an impossibility. In the area of mining, the structures can also be a determining factor in the commercial viability of the land. Hence all these factors directly or indirectly affect the livelihood of the landowners and their attitudes.

From my observations of landowners, one can draw the conclusion that landowners are not bad people at all. Landowners tend to adapt or become comfortable with unfamiliar people who show a high level of respect for them and their territory. Furthermore, landowners are human beings with natural involuntarily inclinations just like all of us. For example, imagine a stranger coming to your premises and being disrespectful to you in your own home. How would you react? Would you be happy? In all likelihood you would be angry and probably lose your calm collected disposition. In other words, we are bound to react instinctively in a manner that could be misconstrued and consequently be deemed difficult yet it is a natural and common human reaction to what appears to be provocation. It has nothing to do with being a landowner but with being human.

A lack of adequate, timely and effective communication on the part of the organizations that are responsible for right of way has also been a big thorn in the flesh of landowners. Most of them do not understand the reason for the selection of their farms to be gateways for the erection power lines. These organizations failed to communicate their proposed servitude plans in time and resultantly suspense built up in the minds of concerned landowners. In turn, this led to suspicion, mistrust and a negative response that classified the landowners as a difficult group of people. Another observed characteristic that l noticed from the majority of landowners is that of transparency. lf there is transparency from the onset of negotiations until the ‘deal’ or offer has been agreed, landowners tend to be the most collaborative and easiest people to work with - they are not in the opposition camp they just need clarity. I once explained to certain landowners that legislation did not allow most communication cables or power lines to be erected along major roads hence the sizable amount of servitudes across farms. They appeared to enjoy and absorb these ‘unknown’ and enlightening facts. l have had the pleasure of seeing most landowners warm up to me once l explain the corridors that we work on and the environmental impact assessment studies carried out in advance by environmentalists to determine the least impact of these structures on the environment. They listen attentively and are appreciative of the new found knowledge that their farms are not randomly chosen but studies are initially carried out.

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l usually make it a point to mention that they are part of the bigger integral plan and that we, as negotiators, always seek to establish long-term relationships with them founded on trust and integrity. Once the landowners get to know that as negotiators, we do not impose things on them but seek their permission to put servitudes in their farms, they feel in charge and engaged which deepens our relationship. In my short career as a Negotiator, I have discovered that some of our terminology can be confusing to the landowners and therefore I try to simplify it and clearly elaborate on the fact that servitude and ownership are two different things. With servitude, ownership does not happen but only permission to a right of way.

Servitude is a registered right that a person or organisation has over the immovable property of another. It allows the holder of the servitude to do something with the other person’s property, which may infringe upon the rights of the owner of that property. An example is the right of way to travel over a section of the other person’s property in order to reach your own property. Once the owners understand these two ‘big words’ in the negotiation world it changes attitudes from ‘negative’ to ‘positive’.

Above all once negotiators have conveyed all the information and explained to the landowners in simple terms and without arrogance, they actually sway in favor of development. It is amazing to always hear the same response from landowners at the end of negotiation that, “Only if you had explained this from the beginning we wouldn’t have had a problem.” Landowners are far from being difficult people.

This article written by:

Mbonisi Masuku is an Entrepreneur, lndependent Negotiation Consultant and Contract Negotiator to a number of Government Parastatals.

Members are encouraged to do articles such as the one so that together we as SARWA members can learn skills from each other ……………… Editor

November 2013 Volume 03/13

Member Notice

Nominations for Practitioner and/or Project of 2013 must be submitted by 10 January 2014 Nominations of Members to serve SARWA on the Executive Committee must be submitted by 10 January 2014 Registration is now open for the Rights of Way Educational Conference which will be held on 6 and 7 March 2014 at the Glenhove Conference Centre, Johannesburg. Conference fees for the two days amounts to R 4 700 per delegate. This includes break refreshments, meals, goody bag and most important your membership fee for IRWA and SARWA.

You might have received an email from IRWA regarding the renewal of your IRWA membership fee. You can ignore that email if you are going to attend the SARWA Conference mentioned in the last paragraph, because the conference fee includes the IRWA membership fee.

The opening of the Educational Seminar and welcome was done by the outgoing SARWA President

Paul Cronje