Eswatini Water Supply and Sanitation Access Project (EWSSAP) Resettlement Action Plan for Package 3 August 2024 Table of Contents LIST OF FIGURES ........................................................................................................... vi LIST OF TABLES ............................................................................................................ vii LIST OF ANNEXURES .................................................................................................. viii DEFINITIONS ................................................................................................................. ix LIST OF ACRONYMS ................................................................................................... xiii EXECUTIVE SUMMARY................................................................................................ xiv CHAPTER 1: INTRODUCTION ........................................................................................ 1 1.1 Background .......................................................................................................... 1 1.2 Project description .............................................................................................. 1 1.2.1 Project components ..................................................................................... 2 1.2.2 Project packages ........................................................................................... 3 1.2.3 Overall project cost ...................................................................................... 3 1.2.4 Project beneficiaries ..................................................................................... 3 1.3 Aim and objectives of the RAP ........................................................................... 3 1.4 Scope of the RAP ................................................................................................. 4 1.5 Justification for preparation of the RAP ............................................................ 4 1.6 RAP preparation approach and methodology ................................................. 4 1.6.1 Project impacts identification and description .......................................... 4 1.6.2 Identification and description of project affected people ........................ 6 1.6.3 Development of the eligibility and entitlement framework ..................... 7 1.6.4 Development of a compensation and resettlement assistance framework (RAF) .................................................................................................... 8 1.6.5 Implementation schedule, budget, and organizational arrangements .. 8 1.6.6 The Grievance Redress Mechanism (GRM) ................................................ 8 1.6.7 Monitoring and Evaluation (M&E) framework ........................................... 8 CHAPTER TWO: LEGAL GAP ANALYSIS ........................................................................ 9 CHAPTER THREE: DESCRIPTION OF THE PROJECT ENVIRONMENT AND SOCIO- ECONOMIC BASELINE STUDIES ................................................................................. 18 3.1 Overview of project area .................................................................................. 18 3.1.1 Population size and distribution ............................................................... 18 i|Page 3.1.2 Land tenure arrangements ....................................................................... 19 3.2 Specific locations under Package 3 ................................................................. 21 3.3 Identified impacts of project activities ............................................................ 23 3.3.1 Positive socio-economic impacts of project ............................................ 23 3.3.2 Negative social impacts of the project and their mitigation .................. 24 3.4 Displacement impacts ...................................................................................... 24 3.4.1 Physical displacement ................................................................................ 24 3.4.2 Economic displacement ............................................................................. 25 3.5 Zone of impact................................................................................................... 25 CHAPTER FOUR: BASELINE SOCIO-ECONOMIC AND DEMOGRAPHIC STUDIES .... 26 4.1 Background to socio-economic studies .......................................................... 26 4.2 Methodology ...................................................................................................... 26 4.3 Findings .............................................................................................................. 27 4.3.1 Number of PAPs who participated in the socioeconomic survey ......... 27 4.3.2 Marital status of PAPs by gender .............................................................. 28 4.3.3 Education attainment of PAPs by gender ................................................ 29 4.3.4 Age distribution of PAPs by gender .......................................................... 31 4.3.5 Household Characteristics of PAPs .......................................................... 34 4.3.6 Access to public utilities ............................................................................. 36 4.3.7 Economic conditions of PAPs .................................................................... 40 4.3.8 Land tenure by gender .............................................................................. 43 4.3.9 Asset ownership status .............................................................................. 45 4.3.10 Vulnerable persons .................................................................................. 46 CHAPTER FIVE: SPECIFIC PACKAGE 3 IMPACTS AND MITIGATION ......................... 48 5.1 Background to asset inventory ........................................................................ 48 5.2 Package 3 impacts ............................................................................................. 48 5.2.1 Impact by all types categories ................................................................... 48 5.2.2 Impact on properties, ownership and land tenure ................................. 49 5.2.3 Impacts on physical structures and ownership ...................................... 50 5.2.4 Impacts on trees and crops ....................................................................... 51 5.2.5 Business disruptions and income losses ................................................. 53 ii | P a g e 5.2.6 Restrictions in access to residential properties....................................... 54 5.2.7 Impact on vulnerable persons .................................................................. 54 5.2.8 Impact avoidance and minimization measures ...................................... 54 CHAPTER SIX: ELIGIBILITY AND ENTITLEMENT ......................................................... 56 6.1 Definition of PAPs affected by Package 3 ....................................................... 56 6.2 Eligibility criteria ................................................................................................ 56 6.3 Vulnerable groups ............................................................................................. 57 6.4 Entitlements ..................................................................................................... 57 6.5 Cut-off date for eligibility .................................................................................. 60 CHAPTER SEVEN: VALUATION METHODS ................................................................. 61 7.1 Valuation methodology .................................................................................... 61 7.2 Approaches to valuation of various assets ..................................................... 61 7.2.1 Land valuation reports............................................................................... 61 7.2.2 Ministry of Agriculture gross margins ...................................................... 61 7.2.3 Quotations for physical structures ........................................................... 61 7.2.4 Estimation of income losses by PAPs ....................................................... 62 7.3 Valuation rates for various assets ................................................................... 62 7.3.1 Rates for annual crops ............................................................................... 62 7.3.2 Compensation rates for trees ................................................................... 62 7.3.3 Cost for rehabilitation of impeded accesses ........................................... 63 7.3.4 Compensation allowances for informal business disruptions .............. 63 7.3.5 Replacement of physical structures ......................................................... 63 7.3.6 Compensations for land losses on TDL.................................................... 64 7.3.7 Vulnerability support ................................................................................. 64 CHAPTER EIGHT: COMPENSATION AND RESETTLEMENT ASSISTANCE ................. 65 8.1 Affected land compensations .......................................................................... 65 8.2 Affected structures compensations ................................................................ 65 8.3 Trees and crops compensation ....................................................................... 65 8.4 Business disruptions compensations ............................................................. 66 8.5 Vulnerability allowance ..................................................................................... 66 CHAPTER NINE: PUBLIC PARTICIPATION AND STAKEHOLDER CONSULTATION ... 67 iii | P a g e 9.1 Introduction ....................................................................................................... 67 9.2 Objectives of the consultations ....................................................................... 67 9.3 Consultation methods ...................................................................................... 68 9.3.1 Group consultations................................................................................... 68 9.3.2 One-on-One consultations ........................................................................ 70 9.4 Level of stakeholder engagements ................................................................. 70 9.5 Purpose and outcome of stakeholder engagements held ........................... 71 9.6 Summary of views expressed by stakeholders .............................................. 77 9.7 Public disclosure of the RAP ............................................................................. 78 CHAPTER TEN: IMPLEMENTATION SCHEDULE AND ARRANGEMENTS .................. 79 10.1 Implementation timeline for Package 3 works ............................................ 79 10.2 Procedure for delivery of entitlements ......................................................... 79 10.2.1 Asset register sign-off by PAPs ............................................................... 80 10.2.2 Compensation agreements sign-off ....................................................... 81 10.3 Resettlement implementation linkage to civil works .................................. 82 CHAPTER ELEVEN: COST AND BUDGET .................................................................... 83 11.1 Introduction ..................................................................................................... 83 11.2 Financing plan ................................................................................................. 83 CHAPTER TWELVE: GRIEVANCE REDRESS MECHANISM .......................................... 84 12.1 Objectives of the Grievance Redress Mechanism ....................................... 84 12.2 Likely grievances related to RAP implementation ....................................... 84 12.3 GRM processes ................................................................................................ 84 12.4 Hierarchy for resolution of grievances ......................................................... 85 12.5 Registration of grievance................................................................................ 86 12.6 Linkage between grievance redress and project implementation ............ 87 12.7 GRM Disclosure ............................................................................................... 87 12.8 Responsibilities of key experts in the GRM .................................................. 87 CHAPTER THIRTEEN: MONITORING AND EVALUATION .......................................... 89 13.1 Overview .......................................................................................................... 89 13.2 Internal Monitoring ......................................................................................... 89 13.3 Completion audit ............................................................................................ 90 iv | P a g e CHAPTER FOURTEEN: ARRANGEMENT FOR ADAPTIVE MANAGEMENT ................. 91 14.1 Introduction ..................................................................................................... 91 14.2 Objectives of adaptive management approach ........................................... 91 14.3 Measures for adapting the RAP implementation ........................................ 91 14.3.1 Contingency allocation in the budget .................................................... 91 14.3.2 Effective grievance redress mechanism ................................................ 92 14.3.3 Early warning system ............................................................................... 92 ANNEXURES ................................................................................................................. 93 v|Page LIST OF FIGURES Figure 1: Typical land uses on SNL sites within the project area ........................... 19 Figure 2: Typical chiefdom governance structure in the Eswatini context ............ 20 Figure 3: Data collector administering questionnaire to one of the identified PAPs .............................................................................................................................. 27 Figure 4: Proportions of Package 3 PAPs according to marital status ................... 28 Figure 5: Package 3 PAP marital status by gender................................................... 29 Figure 6: Package 3 PAPs education attainment proportions ................................ 30 Figure 7: Package 3 PAP education attainment by gender ..................................... 31 Figure 8: Package 3 PAP age distribution ................................................................. 32 Figure 9: Package 3 PAP age distribution by gender ............................................... 33 Figure 10: Package 3 PAP household head distribution by gender according to Inkhundla ..................................................................................................................... 34 Figure 11: Package 3 PAP household sizes ............................................................... 35 Figure 12: Package 3 PAP access to drinking water according to source .............. 37 Figure 13: Package 3 PAP access to sanitation facilities .......................................... 39 Figure 14: Package 3 PAPs main source of livelihood ............................................. 41 Figure 15: Income sources for Package 3 PAPs in the last 12 months .................. 42 Figure 16: Package 3 land allocation status ............................................................. 44 Figure 17: Package 3 PAPs land allocation status according to gender ................ 44 Figure 18: Typical land parcel to be acquired for Package 3 .................................. 49 Figure 19: Pine trees to be affected by the project as observed along fence lines ...................................................................................................................................... 52 Figure 20: Spaza shop to be affected by the project through impeded access .... 53 Figure 21: Grocery shop to be affected by the project through impeded access 54 Figure 22: Consultative meeting with Ngwenyameni inner council ....................... 68 Figure 23: Consultative meeting with Zombodze Emuva inner council ................ 69 Figure 24: Consultative meeting with Shiselweni 1 Inkhundla council .................. 69 Figure 25: Consultative meeting with Hosea PAPs .................................................. 69 Figure 26: Consultative meeting with African Congregational Church leadership ...................................................................................................................................... 70 Figure 27: Rap implementation timelines................................................................. 79 Figure 28: Sample asset register form ...................................................................... 81 vi | P a g e LIST OF TABLES Table 1: Project components ....................................................................................... 2 Table 2: Legal gap analysis ........................................................................................... 9 Table 3: Age range comparison for Shiselweni region and the national level ...... 18 Table 4: National and regional dependency ratios between 1986 and 2017 ....... 19 Table 5: Private farms traversed by the project ....................................................... 21 Table 6: Locations for Package 3 laterals.................................................................. 21 Table 7: Locality and absolute location for Package 3 kiosks ................................. 22 Table 8: Number of PAPs who participated in the socio-economic survey .......... 28 Table 9: Package 3 PAP marital status by gender according to Inkhundla ........... 29 Table 10: Package 3 education attainment status by gender according to Inkhundla ..................................................................................................................... 31 Table 11: Package 3 PAP age distribution by gender according to Inkhundla ...... 34 Table 12: Package 3 PAP household sizes according to Inkhundla ........................ 36 Table 13: Package 3 PAP access to water according to source in each of the 3 Tinkhundla ................................................................................................................... 38 Table 14: Package 3 PAP access to sanitation facilities according to type in each of the 3 Tinkhundla ..................................................................................................... 39 Table 15: Package 3 PAPs livelihood sources according to Inkhundla .................. 41 Table 16: Package 3 PAPs income levels according to Inkhundla .......................... 43 Table 17: Asset ownership status for Package 3 PAPs ............................................ 45 Table 18: Affected assets for Package 3 PAPs according to category .................... 48 Table 19: Land losses for individuals and institutions on both SNL and TDL ....... 50 Table 20: Length of affected boundary fences according to type .......................... 51 Table 21: Number of fruit trees to be affected in Package 3 according to type ... 51 Table 22: Number of non-fruit trees to be affected in Package 3 according to type ............................................................................................................................... 52 Table 23: Package 3 related losses and number of PAPs under each of the 3 eligibility criteria .......................................................................................................... 57 Table 24: Package 3 entitlement matrix ................................................................... 58 Table 25: Compensation rates for affected trees .................................................... 62 Table 26: Compensation rates for affected structures ........................................... 63 Table 27: Total compensation to Package 3 PAPs for anticipated losses .............. 65 Table 28: Expected compensation pay-outs for trees ............................................. 66 Table 29: Stakeholder consultations and outcomes for Package 3 ....................... 72 Table 30: Summary views from stakeholders .......................................................... 77 Table 31: Package 3 RAP implementation budget breakdown .............................. 83 Table 32: Responsibilities for key personnel in GRM .............................................. 87 Table 33: Package 3 RAP M&E matrix ....................................................................... 90 vii | P a g e LIST OF ANNEXURES Annex 1: Field observation guide .............................................................................. 93 Annex 2: Asset survey form ....................................................................................... 95 Annex 3: Socio-economic survey questionnaire ...................................................... 96 Annex 4: Package 3 PAPs socio-economic and demographic information .........101 Annex 5: Package 3 PAP asset inventory and entitlements ..................................106 Annex 6: Introductory meetings summary notes and registers ..........................115 Annex 7: Notes for stakeholder consultative meetings ........................................119 viii | P a g e DEFINITIONS Term Definition Accessibility The identification and elimination of obstacles and barriers to provide access to the physical environment, transportation, information and communications and other facilities and services. Adaptive A systematic approach for improving resource management Management by learning from management outcomes. Allowance Cash paid to defray resettlement related expenses other than losses of immoveable assets. Asset Any property owned by a person, group of persons or an institution/ agency. Assistance Additional support provided to Project Affected Persons (PAPs) under specific conditions who are losing assets (particularly productive assets), incomes, employment, or sources of living, to supplement the compensation payment for acquired assets to achieve, at a minimum, the full restoration of living standards and quality of life. Chief Leader of a Chiefdom. Communities within a Chiefdom pay allegiance to the Chief of the area. Development work within a Chiefdom needs to be introduced to the Chief prior to being implemented and can only go ahead after being authorised by the Chief. Chiefdom A geographically defined area on SNL that is under the leadership of a Chief. All communities on SNL live under designated Chiefdoms. Communal Refers to assets that are not assigned for the exclusive use of assets an individual person or homestead. Community A group of individuals broader than the household, who identify themselves as a common unit due to recognized social, religious, economic or traditional government ties, or through a shared locality. Compensation Payment in cash or in-kind, equivalent to the market value of the property under acquisition. Cut-Off Date The date that establishes eligibility for compensation for land acquisition and impacted assets. ix | P a g e Disadvantaged Those who may be more likely to be adversely affected by the or vulnerable project impacts and/or more limited than others in their ability to take advantage of a project’s benefits. Economic Loss of land, assets or access to assets, leading to loss of displacement income sources or other means of livelihood. Eligibility The criteria for qualification to receive benefits under a resettlement program. Entitlement The benefits set out in the resettlement instrument (RPF, RAP), including financial compensation. Female-headed A household where a female is the principal earning member household of the family. Full The method of valuation of assets that helps determine the replacement amount sufficient to replace lost assets. cost Grievance The processes established to enable property owners and procedures other affected and/or displaced persons to redress issues related to acquisition, compensation, or other aspects of resettlement. Grievance A locally accessible, formalized way to accept, assess and Redress resolve feedback or complaints from individuals or Mechanism communities who believe they are adversely impacted by the project. Head of the The eldest member of the core family in the homestead, for household the purpose of the project. Homestead A house or a collection of houses found in a common yard or home. Household A group of persons living together who share the same cooking and eating facilities and form a basic socio-economic and decision-making unit. Impeded Limitations or prohibitions on the use of agricultural, access/Restricti residential, commercial or other land that are directly on on land use introduced and put into effect as part of the project. Inkhundla Administrative centres within SNL. Each Inkhundla has (singular)/ several Chiefdoms under its administration. Tinkhundla (plural) x|Page Inventory of The process of tallying, locating, measurement and affected assets identification of replacement cost of all fixed assets that will be recovered or adversely affected by, or because of, the project. Involuntary Resettlement is involuntary when it occurs without the resettlement informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Kukhonta Acquiring land on SNL either for residential, business or other purposes, through the customary process applicable for Eswatini. Land acquisition All methods of obtaining land for project purposes, which may include outright purchase, expropriation of property and acquisition of access rights, such as easements or rights of way. Livelihood The full range of means that individuals, families, and communities utilize to make a living, such as wage-based income, agriculture, fishing, foraging, other natural resource- based livelihoods, petty trade, and bartering. Livelihood Consists of the entitlements for affected persons and/or restoration communities who are economically displaced, to provide them with adequate opportunity and resources to at least restore, if not improve, their livelihoods. Physical Relocation, loss of residential land, or loss of shelter. displacement Project affected Refers to people who are directly affected socially or persons economically because of land acquisition for the project activities. Replacement The cost of purchasing comparable assets elsewhere in lieu cost of the acquired land and other amenities, buildings, etc. Stakeholder All persons or groups, affected by the project directly or indirectly and/or with interests in the project and who may be able to influence its outcome either positively or negatively. Stakeholder Broad, inclusive and continuous process of communication Engagement or interaction between the project proponent and those xi | P a g e potentially affected by the project that usually spans the lifecycle of a project. It includes broad participation and input to project design and procedures, including consultations, information disclosure and dissemination. Swazi Nation A type of land tenure in Eswatini where land is held in trust Land by the Ingwenyama (Traditional reference to the Eswatini monarch) on behalf of the Eswatini people and is controlled by Chiefs on behalf of the King. This land is outside urban boundaries and is not under Title Deed. Title Deed Land A type of land tenure where land is privately owned existing in both urban and rural areas. Eligible owners of property on TDL are holders of legal Titles to land under their ownership bearing their personal information. Umphakatsi Chief’s official residence within the chiefdom. This also signifies the highest administrative office for the chiefdom. xii | P a g e LIST OF ACRONYMS CLO Community Liaison Officer ESF Environmental and Social Framework ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan ESS Environmental and Social Standard EWSC Eswatini Water Services Corporation EWSSAP Eswatini Water Supply and Sanitation Access Project GRC Grievance Redress Committee GRM Grievance Redress Mechanism GRS Grievance Redress Services M&E Monitoring and Evaluation MNRE Ministry of Natural Resources and Energy MoA Ministry of Agriculture PAP Project Affected Person PAR Project Appraisal Report PIU Project Implementation Unit RAF Resettlement Assistance Framework RAP Resettlement Action Plan RPF Resettlement Policy Framework SEP Stakeholder Engagement Plan SNL Swazi Nation Land TDL Title Deed Land xiii | P a g e EXECUTIVE SUMMARY Background The Eswatini Water Supply and Sanitation Access Project (EWSSAP) is a government-initiated intervention that has received co-financing from the World Bank for implementation. Eswatini Water Services Corporation (EWSC) is the implementing agency for the project. The development objective of the project is to increase access to improved water supply and sanitation services in targeted areas within the Shiselweni Region in Eswatini. The project is intended to improve potable water supply and sanitation access to communities under three Tinkhundla, these being Zombodze Emuva, Shiselweni I, and Hosea. The project will increase potable water access to an estimated 23,610 people and it is implemented in 3 packages. Package 1 entails the design and construction of three (3) reservoirs and a pump station. Package 2 entails the construction of the main pipeline from Nhlangano to Reservoir 1 at Zombodze. Lastly, Package 3 constitutes the construction of the main pipeline from Zombodze to Siphambanweni and laterals for the water distribution network. Project appraisals and impact assessment studies have catalogued some of the likely project impacts during implementation. One category of the project impacts is the acquisition of land belonging to individual homesteads and property owners. This being a World Bank funded project, this envisaged impact triggered the Bank’s Environmental and Social Standard 5 (ESS5) - Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. Therefore, a Resettlement Action Plan (RAP) was developed for packages 1 and 2 of the project which are currently under implementation. The completion of the designs for the lateral pipelines, which now constitute Package 3, necessitated the development of this RAP. Legal gap analysis The harmonization of provisions in the relevant national statutes and the objectives of both ESS 5 and ESS 10 is important for the RAP. A legal gap analysis between the national legislation and the Bank’s Environmental and Social Standards revealed that there are no significant gaps between national legislation and ESS 5. xiv | P a g e Socio-economic studies A socio-economic survey was conducted for all the identified Package 3 PAPs in the three Tinkhundla to gather demographic and livelihood information. A total of 47 PAPs were identified along the laterals and kiosk locations. Package 3 impacts All assets along the laterals and kiosks placements were identified and recorded during the asset inventory exercise. Affected assets include land, fencing, trees (fruit and non-fruit), and structures including kraals and a toilet. In terms of impact on properties and ownership, the project will have insignificant impact from a land ownership perspective because it will take very small portions of the individual landholdings. For the distribution network, impact avoidance was considered at the design stage. The design layout for the laterals follows the road reserves for the access roads within the project areas. This has allowed the avoidance of major structures like houses and shops which would have been otherwise affected. For the kiosks’ placement, all practical means were made to position them on vacant land or fallow fields. Eligibility and entitlement The Package 3 RAP adopts the eligibility and entitlement criteria as outlined in the Resettlement Policy Framework. The RAP presents entitlements for the identified PAPs to compensate for loss of land, trees, structures and also addresses compensation for access restrictions for businesses. Measures for vulnerability support are also outlined in the entitlement matrix. The cut-off date for eligibility under Package 3 was set at 31 May 2024. Valuation methods This RAP adopts full replacement cost for assets and structures. Land valuation reports from the Land Valuation Department under the Ministry of Natural Resources and Energy were the basis for Title Deed Land (TDL) valuations. For structures and trees, the rates as currently used under Packages 1 and 2 were adopted for the Package 3 RAP. Compensation and resettlement assistance The total cash compensation package as calculated based on the anticipated losses for Package 3 PAPs is E538,699.19. Of this figure, E98,000.00 is for vulnerability allowances. xv | P a g e Stakeholder consultations Stakeholder consultations were carried out with the affected parties (PAPs) and the traditional authorities from the different chiefdoms within the 3 Tinkhundla. Owners of affected farms that had not been consulted during Package 1&2 RAP preparation were also engaged during the Package 3 stakeholder consultations. The consultations yielded positive outcomes. Both SNL and TDL PAPs did not object to the acquisition of land on their properties. Implementation schedule and arrangements The civil works for Package 3 are expected to last for a duration of 15 months between September 2024 and December 2025. Before the civil works, agreements will be signed between EWSC and the PAPs with regards to their entitlements and the compensation thereof. All compensation-related documentation should be properly filed, and both parties should have copies of all agreements reached. Cost and budget The implementation of the Package 3 RAP requires adequate financial resourcing if it is to be effective and successful. The total budgeted cost for implementing the Package 3 RAP is E678,970.98. This budget covers cash compensation and RAP implementation management. Grievance redress mechanism The project Grievance Redress Mechanism (GRM) that was developed for Packages 1&2 was adopted for the Package 3 RAP, as it ensures that all grievances and complaints from PAPs are recorded and resolved effectively and efficiently. The GRM describes the steps that need to be followed in resolving grievances, including: • the methods for registering grievances • the roles of the different Grievance Redress Committees (GRCs) that will be responsible for receiving and resolving grievances • timeframes within which grievances are to be attended • the levels of appeal if PAPs are not satisfied with the verdict reached at any of the stages for the resolution of a grievance. Monitoring and Evaluation The Package 3 RAP presents the Monitoring and Evaluation (M&E) matrix which shows the key issues to be monitored during the implementation of the RAP. It outlines the indicators to be monitored and measured for purposes of determining if the implementation of the RAP is effective. Internal monitoring and xvi | P a g e completion audit will be carried out for purposes of RAP implementation assessment. Arrangements for adaptive management During RAP implementation it is likely that some of the circumstances existing during the planning stage may change. Therefore, provisions for adaptability to changing circumstances within the RAP are important. The adaptive management approach included in the RAP includes contingency allocation in the budget, effective GRM, and putting in place an early warning system. xvii | P a g e CHAPTER 1: INTRODUCTION 1.1 Background The Eswatini Water Supply and Sanitation Access Project (EWSSAP) is a government-initiated intervention that has received co-financing from the World Bank for implementation. Eswatini Water Services Corporation (EWSC) is the implementing agency for the project. The development objective of the project is to increase access to improved water supply and sanitation services in targeted areas within the Shiselweni Region in Eswatini. The project is intended to improve potable water supply and sanitation access to communities under three Tinkhundla, these being Zombodze Emuva, Shiselweni I, and Hosea. The project will increase potable water access to an estimated 23,610 people. It is implemented in 3 packages. Package 1 entails the design and construction of three (3) reservoirs and a pump station. Package 2 entails the construction of the main pipeline from Nhlangano to Reservoir 1 at Zombodze. Lastly, Package 3 constitutes the construction of the main pipeline from Zombodze to Siphambwaneni and laterals for the water distribution network. The implementation of the project has been informed by several studies, key amongst these being the project appraisal study from which a Project Appraisal Report (PAR) was produced. An Environmental and Social Impact Assessment (ESIA) was also prepared for the project. It is noted in the ESIA that one of the impacts of the project would be related to the acquisition of land belonging to individual homesteads and property owners. This being a World Bank funded project, this envisaged impact triggered the Bank’s Environmental and Social Standard 5 (ESS5) - Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. In compliance to this standard, a Resettlement Action Plan (RAP) was therefore one of the prerequisites for project implementation. A consultant was engaged for these purposes and due to on-going design revisions, for the latera pipelines at the time, the scope of the RAP was limited to packages 1 and 2 covering land acquisition resultant from only the reservoirs, pump station and the main pipeline. With the completion of the designs for the laterals, which now constitute Package 3, a RAP that is specific to this package is being developed. 1.2 Project description The project description was mainly adopted from the PAR which, among other things, highlights the project components, overall project cost, and target beneficiaries. The water access component of the project, which has anticipated 1|Page land acquisition and involuntary resettlement impacts, is implemented in packages. The descriptions of the project components, packages, cost, and beneficiaries are provided in the sections 1.2.1 to 1.2.4. 1.2.1 Project components The PAR presents the project as having four (4) components. Table 1 presents a summative description of these components. Table 1: Project components Component Description Cost 1.Resilient The first component of the project, has been divided into 3 $28M water access subcomponents as summarized below: and i)Improved water access: seeks to expand water supply management transmission and distribution systems including a main pipeline, reservoirs, pumping station and distribution network. ii)Resilient water management: focuses on improved long- term water resource management, investment planning, and sustainability of water supply service provision, particularly in rural areas, increasing their resilience to droughts. iii)Improving Eswatini’s drought preparedness and resilience: concentrates on building resilience to climate and disaster risks, with a focus on the frequency and intensity of droughts. 2.Improved The second component of the project includes improved $15M sanitation sanitation access and implementation of a range of access sanitation interventions with the aim of reducing water- related diseases and improving the quality of life for the population that is within the project areas. This component also aims at proving support for institutional and policy strengthening as well as long-term sustainability of sanitation services. 3.Project The third component includes project management $1.89M Management support, including operating costs, independent audits, as well as financial, procurement, environmental and social management, as needed. 4.Contingency This fourth component of the project supports potential $0.00 emergency disaster recovery needs by providing immediate response response to an eligible crisis or emergency, as needed. 2|Page 1.2.2 Project packages The implementation of Component 1 is organised in three packages. Package 1 entails the design and construction of three (3) reservoirs and pump station. Package 2 is the main pipeline from Nhlangano to Reservoir 1 at Zombodze, and Package 3 constitutes the main pipeline from Zombodze to Siphambwaneni and laterals for the water distribution network. 1.2.3 Overall project cost The PAR places the overall cost of the project at $45 Million, with a larger portion ($28 Million) being absorbed by the water access and management component. The improved sanitation access is expected to absorb $15 Million, with the remainder going into project management costs. 1.2.4 Project beneficiaries An estimated 38,233 people from the three target Tinkhundla are expected to directly benefit from the implementation of component 1 and 2 of the project. Of these, an estimated 18,478 and 8,000 will be new beneficiaries in terms of potable water supply and sanitation access, respectively. Four (4) clinics and 32 schools are also expected to benefit from the water supply and sanitation services that will be provided through the project. 1.3 Aim and objectives of the RAP A RAP was prepared for Packages 1 and 2 of the project. The RAP identified adverse socio-economic impacts associated with the construction of the reservoirs, pump station, and the main pipeline. Measures to mitigate these impacts were identified, wherein entitlement and compensation frameworks were developed, and are currently being implemented. This RAP is informed by the RAP developed for Packages 1 and 2 to identify impacts associated with land acquisition for the implementation of Package 3. The specific objectives of the RAP are: ➢ Clearly define the PAPs, their eligibility for compensation, the assets to be compensated and the cut-off date for eligibility; ➢ Provide socio-economic basis for identification of entitlements and strategies for minimising the impacts on the PAPs; ➢ Establish rates for compensation on loss of assets and the methodology of determining the values; ➢ Establish land acquisition and compensation process and utilising the project GRM to address any grievances arising from the displacement; 3|Page ➢ Identify any gaps between World Bank Standards and the laws of the Kingdom of Eswatini on matters addressing issues of involuntary displacement and suggest how the gaps can be narrowed to meet the Banks criteria. 1.4 Scope of the RAP The scope of this RAP is limited to land acquisition that is resultant from the establishment and construction of the water supply distribution network that constitutes Package 3. Based on revised and finalized designs for the laterals, the distribution network measures approximately 30 kilometres. Package 3 works also entail the construction of the main pipeline from Zombodze reservoir to Siphambwaneni, and land acquisition for this specific portion was catered for in the Package 1&2 RAP currently being implemented. 1.5 Justification for preparation of the RAP The RAP identifies specific socio-economic impacts of the project that are related to the acquisition of land and assets belonging to individual households. It identifies specific households that are likely to be directly affected by the land acquisition impacts through disturbances in livelihood means, losses in assets, and reduced access to land use. It also identifies private farms that will be directly affected through land acquisitions on their properties. The RAP identifies and defines specific entitlements that need to be compensated to ensure that the project impacts are managed and mitigated. Therefore, the importance of the RAP is to guide project implementation and ensure that the project benefits to be realized do not come at the expense of the affected. 1.6 RAP preparation approach and methodology 1.6.1 Project impacts identification and description For the RAP to assist in meaningfully restoring, and ideally improving, the standard of living for the PAPs, there was need to identify the effects of the acquisition of the portions of land on which their livelihood is based. These impacts were contextualized and assessed in terms of the type of losses and the magnitude of the effects therein. To identify and get a better understanding of the impacts, information and data on baseline conditions within the project area was collected. Document review, field observation, and community consultations were the main techniques used to collect the baseline information. 4|Page Document review Document review was used to gather secondary data that was collected in previous studies for the project. Five project documents were of importance in this regard. These are: • Project Appraisal Report • ESIA/ESMP for Packages 1 and 2 • RAP for Packages 1 and 2 • EWSSAP Stakeholder Engagement Plan • EWSSAP Resettlement Policy Framework The World Bank ESF ESS 5 and ESS10, as well as relevant national statutes, legislation, and policies were also used as key reference documents to inform the impact identification and management in this RAP. Field observation Site visits along the distribution network and the servitudes thereof were conducted to determine the social and economic assets that will be affected by the project through land acquisition. Assets of interest included fields, homesteads and the structures therein, business structures, graves, as well as other infrastructure that would likely be within the proposed area of the water supply distribution network. Issues of access to natural resources and communal land like grazing areas were also of interest during the site visits and impact determination. An observation guide was used during the field observation (Annex 1). Observation was limited to land acquisition within a servitude of three (3) meters on either side of each lateral. This 3-meter servitude was deemed sufficient for purposes of construction works to be carried out during implementation based on experience from other similar works. Community Consultations The project traverses both Swazi Nation Land (SNL) and Title Deed Land (TDL). Consultative meetings were therefore held with the traditional authorities and farm owners. The engagements sought to discuss land acquisition and replacement issues of the project. Most importantly, the meetings were also used to gather concerns and expectations from these affected parties regarding land acquisition issues of the project. Engagements were also held with SNL PAPs at a group level. One-on-one engagements were also done with individual PAPs for purposes of information disclosure as well as to gather individual concerns on the possible impacts of the project to their livelihoods. 5|Page 1.6.2 Identification and description of project affected people The key principles for PAP identification were eligibility and entitlement. The eligibility and entitlement criteria as defined in Resettlement Policy Framework (RPF) was applied in the identification of PAPs for purposes of this RAP. To this end eligible PAPs are those that: a) have formal legal rights to land or assets (i.e., Title Deed, Crown grant, and Lease); b) do not have formal legal rights to land or assets but have a claim to land or assets that is recognized or recognizable under national law - such claims could be derived from outright adverse possession or from customary or traditional tenure arrangements (i.e., kukhonta through the Royal Kraal Chief in the Eswatini context); and c) have no recognizable legal right or claim to the land or assets they occupy or use (i.e. farm dwellers and squatters, vulnerable people (squatters or petty traders, including persons using or occupying existing right of way for existing infrastructure). In terms of entitlement, the criteria as outlined in the RPF were applied in this RAP for purposes of identifying PAPs, and they are as follows: (a) For compensation against the loss of arable land (fields and gardens): the landholder and those with usufruct rights; (b) For privately held assets and resources: the owner(s). If the owner is married but the spouse is not recognized, the distribution of compensation will be determined following the principles for vulnerable groups; (c) For loss of employment: the individual directly affected; (d) For livelihood restoration assistance: the individual directly affected; (e) For loss of communal assets (pastureland, medicinal plants, thatching grass, trees, river sand, etc.) and impeded/constrained access: the affected community through the chief; (f) For affected gravesites: the affected household/family; and (g) For impacts on vulnerable individuals/groups To physically identify eligible PAPs and their assets, mapping, registration, and asset survey were carried out. 6|Page Mapping Geographic Information Systems (GIS) supported by aerial photography was used to identify and mark land parcels that will be acquired by the project. The marking of the affected land was done through digitization, where polygons were created on a Google Earth image. The marked land parcels and assets therein were assigned ownership to individual PAPs. PAP registration/census All PAPs as identified were registered to produce an inventory of eligible PAPs during the development of RAP. The unit for registration is the household head, whose details including name and identity number was used to inform the register. PAPs were registered according to the different chiefdoms from which they come. Asset survey An asset survey was conducted for all PAPs to generate an asset inventory for those assets that will be affected by the project. Individual household asset register forms were developed (Annex 2), and these were populated with the affected assets and their respective measurements and conditions. Typical assets that were recorded in the asset register include fields, trees, fence, and structures such as kraals and pit latrines. Socio-economic studies Socio-economic studies were conducted to capture the livelihood attributes, such as household income, that are likely to be impacted by land acquisition and displacement. Some of the key topics covered by the socio-economic survey include demographic information such as gender, age, marital status and education. In addition, issues of access to public utilities and facilities, economic conditions including income, land and asset ownership as well as vulnerability data were covered by the socio-economic study. The main data collection tool that was used for the survey was the questionnaire with structured questions which yielded mainly quantitative data on the socioeconomic status of the PAPs. The questionnaire is attached to this report as Annex 3. 1.6.3 Development of the eligibility and entitlement framework One of the key elements for this RAP is the eligibility and entitlement framework. This framework outlines the guidelines for compensating all forms of losses. Of importance is the valuation and the establishment of the compensation rates for 7|Page the various assets that will be lost. The cut-off date for compensation eligibility is also included as part of the eligibility and entitlement framework. 1.6.4 Development of a compensation and resettlement assistance framework (RAF) The RAF for this RAP was developed on the basis of the eligibility and entitlement framework. The compensation rates as identified in the eligibility and entitlement framework were used to calculate the extent of compensation and resettlement assistance that would be provided to PAPs based on their actual losses as determined during the asset survey. 1.6.5 Implementation schedule, budget, and organizational arrangements The RAP implementation schedule is informed by the overall project implementation schedule to ensure synchronization with the construction schedule. The budget for RAP implementation is informed by the asset inventories, asset valuations, and compensation rates for replacement. A tabulated budget with specific budget lines has been developed for these purposes. The budget lines include costs for project management of RAP implementation. 1.6.6 The Grievance Redress Mechanism (GRM) Complaints and grievances over issues of consultation, eligibility, and compensation tend to emerge from the planning stage and during the implementation of the project. A GRM for the project is already in place and is being used to address concerns and grievances raised by PAPs in the implementation of the RAP. Therefore, the GRM outlined in the Package 1&2 RAP was reviewed and adapted to the context of the Package 3 RAP. 1.6.7 Monitoring and Evaluation (M&E) framework The importance of the M&E framework is determining how well the RAP is being implemented and the impact in terms of livelihood restoration and improvement, which is the key objective of the RAP. The Package 1&2 RAP M&E framework was reviewed and adapted to develop the M&E framework for this Package 3 RAP. 8|Page CHAPTER TWO: LEGAL GAP ANALYSIS The harmonization of provisions in the relevant national statutes and the objectives of ESS 5 is important for this RAP. A legal gap analysis was done during the development of the Resettlement Policy Framework (RPF) for this project where a comparison of ESS5 and the national legislative framework on land acquisition, compensation and, resettlement assistance was undertaken. Where gaps between the provisions of ESS5 and national legislation were identified, a required measure was recommended and proposed to fill in the gap(s). The results of the gap analysis are presented in Table 2. Table 2: Legal gap analysis Impact ESS 5 Eswatini Legal Framework Gap Gap filling measures Eligibility Classification Loss of legal ESS5: Para(10): Section 211(3) of the Constitution notes All persons are Given that the right or a) Persons who have formal that “a person shall not be deprived of protected by the law National Laws possession legal rights to land or assets land without the due process of the law regardless of their guarantee the b) Persons who do not have and where a person is deprived, that social or economic protection of all formal legal rights to land or person shall be entitled to prompt and standing, age or occupiers of land assets, but have a claim to adequate compensation. Section 14 (1) disability so long as to be affected by land or assets that is (d) of the Constitution guarantees the they occupy land land acquisition, it recognized or recognizable right of all individuals the protection from earmarked for the is recommended under national law; deprivation of property without proposed project. that EWSC applies c) Persons who have no compensation. Section (14) (1) (c) secures the National laws recognizable legal right or the right of individuals to protection of and ESS5 where their property rights. In as much as the the need arises. 9|Page Impact ESS 5 Eswatini Legal Framework Gap Gap filling measures claim to the land or assets Constitution does not specifically classify they occupy or use. the different categories of eligibility of a person to be deprived of land without due process as required by ESS5 classification. Section 20(1) and (2) provides thus; S.20(1) – all person are equal before and under the law in all spheres of political, social, economic and cultural life and in every other respect and shall enjoy equal protection of the law; Section 20(2) further states that for the avoidance of any doubt, a person shall not be discriminated against on the ground of gender, social or economic standing, age or disability Compensation and Benefits General Principle Compensation Offer affected persons S.15 of the Acquisition Act identifies the This requirement is It is recommended value and compensation at full factors that needs to be considered when adequately that EWSC applies livelihoods replacement cost, and other determining compensation, namely: addressed by National Laws assistance as may be a) market value of the property Section 15 of the when necessary to help them b) damages sustained by the person Acquisition of compensating improve or at least restore interested by severing of any land Property Act, PAPs. their standards of living or particularly Section livelihoods. 15 (e) which 10 | P a g e Impact ESS 5 Eswatini Legal Framework Gap Gap filling measures c) damages sustained by reason of the encompasses all acquisition injuriously affecting any other expenses such as property of the person the replacement d) any reasonable expenses incidental to cost in determining a change of residence or business as a compensation. consequence of the acquisition. The factors listed in S.15 of The Acquisition of Property Act 10, 1961 in essence requires that the person affected by the acquisition should be placed in a position he was had he not been affected by the move if not better. S.9 & 10 of the Acquisition of Property Act articulates the procedure for settlement of disputes for compensation by the Board of Assessment as appointed in terms of S.10. Impact Specific Compensations Agricultural Land of equal productive use While the Acquisition of Property Act Land of equal In the absence of (including or potential, located in the applies to all PAP affected by the productive use or legal provision fallow) land or vicinity of the affected land proposed project with regards to the potential, located in covering impact on pastureland or the new housing site, plus procedure for acquiring and the vicinity of the agricultural land the cost of preparation to compensation it is silent on the issue of affected land or the activities, it is levels similar to or better allocation land of equal production use or new housing site, recommended that 11 | P a g e Impact ESS 5 Eswatini Legal Framework Gap Gap filling measures than those of the affected potential. It only speaks to compensation plus the cost of EWSC applies ESS5 land, and transaction costs in terms of monetary value No transfer or preparation to levels provision on such as registration and Stamp duty is payable in respect of any similar to or better (including fallow) transfer taxes or customary transfer of title consequent upon than those of the land or fees. acquisition of property in terms of the affected land. pastureland. Acquisition of Property Act. Land in urban The market value of land of Acquisition of Property Act Section 15(1) The principle of It is recommended areas equivalent area and use, with a. the market value of the property at the ESS5 relating to that ESWC applies similar or improved date of the service of the notice of equivalent area and the provision infrastructure and services, acquisition under section 5 or the date of use, with similar or under ESS5. preferably located in the publication of the notice under section improved vicinity of the affected land, 8(4), whichever date is the earlier; infrastructure and plus transaction costs such b. any increase in the value of any other services is not as registration and transfer property of a person interested likely to explicitly mentioned taxes. accrue from the use to which the in the Acquisition of property acquired will be put; Property Act. c. any damage sustained by a person interested, by reason of the severing of any land from any other land of such person; d. any damage sustained by a person interested, by reason of the acquisition injuriously affecting any other property of such person; 12 | P a g e Impact ESS 5 Eswatini Legal Framework Gap Gap filling measures e. any reasonable expenses incidental to a change of residence or place of business of a person interested which is necessary in consequence of the acquisition. Section 22(2) Notwithstanding anything in other law, no transfer ro stamp duty shall be payable in respect of any conveyance of title consequent upon acquisition of property I terms of this Act Houses and The cost of purchasing or The Acquisition of Property Act Section The provision of The National Law other structures building a replacement 15(1) states that: a) the market value of Section 15 of the will be applied. (including structure, with an area, the property at the date of the service of Acquisition of public quality, and location similar the notice of acquisition under section 5 Property Act, structures such to or better than those of the or the date of publication of the notice particularly Section as schools, affected structure; or of under section 8(4), whichever date is the 15 suffices in this clinics, and repairing a partially affected earlier; b) any increase in the value of any regard. religious structure, including labour other property of a person interested buildings) and contractors’ fees; and likely to accrue from the use to which the transaction costs, such as property acquired will be put; registration, transfer taxes, c) any damage sustained by a person and moving costs. interested, by reason of the severing of 13 | P a g e Impact ESS 5 Eswatini Legal Framework Gap Gap filling measures any land from any other land of such person; d) any damage sustained by a person interested, by reason of the acquisition injuriously affecting any other property of such person; e) any reasonable expenses incidental to a change of residence or place of business of a person interested which is necessary in consequence of the acquisition. Section 22(2) Notwithstanding anything in other law, no transfer stamp duty shall be payable in respect of any conveyance of title consequent upon acquisition of property I terms of this Act Loss of access The market value of the There is no legislation which deals with There is no national In the absence of to natural natural resources, which may this aspect. legislation which legal provision resources include, among others, wild deals with the loss covering loss of medicinal plants, firewood, of access to natural access to natural and other non-timber forest resources. resource, it is products, meat, or fish. recommended that However, cash compensation EWSC applies ESS5 is seldom an effective way of provision on loss 14 | P a g e Impact ESS 5 Eswatini Legal Framework Gap Gap filling measures compensating for lost access of access to to natural resources—as natural resources. discussed in the guidance associated with paragraphs 16 and 33–36. The Borrower assesses means to provide, or facilitate access to, similar resources elsewhere, taking into account the impacts at the alternative location, providing cash compensation only when it can be demonstrated that no feasible alternative measures are available. Physical Displacement or Economic Displacement Physical Develop a plan that covers, The Ministry of Housing and Urban The legal EWSC will apply displacement at a minimum, the applicable Development Resettlement Policy and requirement to ESS5 provision on (relocation, loss requirements of this ESS Guidelines 1994, requires that where 10 develop a plan only “physical of residential regardless of the number of or more households, are affected, a applies where there displacement� land or loss of people affected resettlement plan is required to be are 10 or more regardless of the shelter); or approved, which will consider the needs affected people. number of people of vulnerable groups. Whereas the ESS5 affected. applies regardless of 15 | P a g e Impact ESS 5 Eswatini Legal Framework Gap Gap filling measures the number of peopled affected. Economic Develop a plan that will While the Acquisition of Properties Act There is no legal In the absence of displacement include measures to allow addresses the issue of compensation for requirement to legal provision to (loss of land, affected persons to improve, the affected people, it is silent on the develop this plan as develop a plan to assets or access or at least restore, their need to develop a plan on “economic anticipated in this cover economic to assets, incomes or livelihoods displacement�. The Ministry of Housing requirement displacement, it is leading to loss and Urban Development Resettlement recommended that of income Policy and Guidelines 1994 also applies to EWSC applies ESS5 sources or any loss of land and assets. provision on other means of “economic livelihood). displacement.� Consultation To ensure that resettlement Consultations shall activities are planned and be conducted in implemented with accordance with appropriate disclosure of the ESS5 information, meaningful requirements consultation, and the informed participation of those affected. Disclosure Full disclosure is required There is no legislated requirement for In the absence of a disclosure of the stakeholder national legislation, engagement and Resettlement Plan the EWSC will apply ESS5 16 | P a g e Impact ESS 5 Eswatini Legal Framework Gap Gap filling measures Vulnerable To improve living conditions The MHUD Resettlement Policy and Given that the MHUD People of poor or vulnerable Implementation Guidelines 1994 requires National laws resettlement policy persons who are physically a resettlement plan to also consider the guarantee the guidelines will be displaced, through provision needs of vulnerable groups. protection of all adopted to meet of adequate housing, access occupiers of land to ESS5 provisions. to services and facilities, and be affected by land security of tenure. acquisition, it is recommended that the EWSC applies the National laws and ESS5 where the need arises. Note: Adopted from Resettlement Policy Framework There are no significant gaps between national legislation and ESS 5. The Constitution of the Kingdom of Eswatini does in fact close those gaps in that all other laws which are inconsistent with the Constitution are null and void to the extent of that inconsistency 17 | P a g e CHAPTER THREE: DESCRIPTION OF THE PROJECT ENVIRONMENT AND SOCIO-ECONOMIC BASELINE STUDIES 3.1 Overview of project area The project is in the Shiselweni region, covering three Tinkhundla and twelve (12) chiefdoms. It is situated along the Nhlangano – Siphambanweni corridor. Shiselweni, particularly the parts of the region that are in the lowveld, has over the years been characterized by poor water availability due to low annual rainfall and lack of water infrastructure. As such the Shiselweni region is largely behind the other regions in as far as potable water supply is concerned. Package 3 of this project, through the distribution network and kiosks, will go a long way in closing this gap. The overview of the project area is described in this RAP in relation to population and land tenure arrangements. The provided descriptions in sections 3.1.1 and 3.1.2 are based on secondary data and field observation. 3.1.1 Population size and distribution The project area is spread across three Tinkhundla, that is, Zombodze Emuva, Shiselweni 1, and Hosea. As reported in the ESIA report for this project, the combined population for the three Tinkhundla is 38,233 people, 53.6% being female, and 46.4% being male. The report also notes that the Shiselweni region has more people under the age of 14 and over the age of 65 when compared with the national demographics as reflected by the 2017 census survey report (Table 3). Table 3: Age range comparison for Shiselweni region and the national level Age range National Shiselweni 0-14 35.6% 39.2% 15-64 59.9% 55.1% 64+ 4.5% 5.7% Source: Central Statistics Office (CSO) The population distribution for the region reflects a high dependency ratio when compared to the national level. The 2017 census survey report presents the Shiselweni region as having a highest dependency ratio when compared to the other three regions at 81.63. This trend is historical, dating back to 1986 as indicated in the census report (Table 4). 18 | P a g e Table 4: National and regional dependency ratios between 1986 and 2017 Region 1986 1997 2007 2017 National 103.91 91.32 76.18 66.99 Hhohho 103.18 87.40 73.13 63.54 Manzini 98.37 82.58 69.03 70.85 Shiselweni 123 112.02 87.61 81.63 Lubombo 94.64 90.66 81.24 73.43 Source: Central Statistics Office (CSO) The population characteristics as described provide context in terms of number of people likely to benefit from the project, as well as the extent of vulnerabilities within the population. The Shiselweni region is characterized by a higher proportion of the advanced age (+64 years) population. The implications for the project are that there needs to be specific measures in place to ensure this population cluster within the project areas is prioritized for project benefits and cushioned from any adverse impacts of the project. The high dependency ratio suggests that any social impacts that would affect family and household structures in the project areas should be avoided or adequately mitigated against where unavoidable during project implementation. 3.1.2 Land tenure arrangements The project area under Package 3 traverses both SNL and TDL. On SNL, it traverses communal land under the jurisdiction of the chiefdoms (imiphakatsi), with landholdings in the form of land parcels allocated to individual households. The laterals for the distribution network lie adjacent to some of these landholdings in the chiefdoms. In terms of land-use, these land parcels are largely used for crop farming and settlement as reflected in Figure 1. Figure 1: Typical land uses on SNL sites within the project area 19 | P a g e The SNL communities in the project areas are agro-based and dependant on crop farming, mainly for subsistence, with maize being the predominant crop. The housing structures in the homesteads within the project area are mostly built using modern, more durable and safer building materials indicating some level of affordability by the population. The current project will only serve to improve the people’s livelihoods through enhanced potable water access and sanitation. Being on SNL, the chiefdoms are largely governed by tradition and culture. Social issues, particularly those related to land, are mainly addressed using Eswatini Law and Custom, through the traditional governance structures whose ultimate authority at chiefdom level is the Chief. The generic structure in all the chiefdoms is one where the chief governs through councils, the Inner Council (bandlancane) headed by the Indvuna Yemcuba, being the link between the Chief and the community members. The organogram in Figure 2 reflects the typical governance structure through which the chiefdoms are governed. Figure 2: Typical chiefdom governance structure in the Eswatini context Land access in the chiefdoms and subsequently membership in the community is done through kukhonta, wherein prospective members swear allegiance to the Chief and are thereby allocated a piece of land following due process. At family 20 | P a g e level, the man is still recognized as the head of the household, and the representative of the household at community level. On TDL, the project area traverses 10 private farms. The details of these farms in terms of farm number and ownership as recorded at the Deeds Office are provided in Table 5. Table 5: Private farms traversed by the project Farm Number Ownership Name Portion A farm 32 (A/32) La Vida Pty Ltd R/Farm 32 La Vida Pty Ltd R/1229 Swaziland Tourism Development Company Portion of 5 farm 1229 (5/1229) The African Congregational Church Portion 4 farm 975 (4/975) Badenhorst Coenraad Johannes R/975 Badenhorst Coenraad Johannes Farm 1090 (1090) The Evangelical Church Farm 993 Henwood James Clarence Farm 1225 No allocation at Deeds Offices Farm unuB No allocation at Deeds Offices Cognizance of the tenure arrangements is important. Entitlements and compensations, particularly for land, are influenced by these tenure arrangements. Stakeholder engagement levels are also guided by the land tenure and governance context. On SNL, the involvement of the traditional authorities is critical with regards to land acquisition and replacement, as well as with individual PAPs. On TDL, engagements are carried out only with the property owners. 3.2 Specific locations under Package 3 Package 3 of the project, which constitutes the water supply distribution network will involve the construction of 12 laterals and 15 kiosks in the locations presented in Tables 6 and 7 below. Table 6: Locations for Package 3 laterals Lateral name Locality Start point End point coordinates coordinates Eqinisweni Eqinisweni 27°10'18.18"S 27°11'2.63"S chiefdom 31°16'3.62"E 31°15'6.01"E Makhonza Makhonza 27°10'56.23"S 27°11'18.94"S chiefdom 31°16'28.27"E 31°16'16.40"E Makhonza2 Makhonza 27°12'15.65"S 27°12'21.35"S chiefdom 31°18'41.99"E 31°18'30.00"E 21 | P a g e Lateral name Locality Start point End point coordinates coordinates Zombodze- Zombodze 27°12'17.40"S 27°13'25.59"S Hhotela chiefdom 31°19'8.47"E 31°18'10.63"E Mabamba Ngwenyameni 27°11'31.07"S 27°10'59.46"S chiefdom 31°20'57.51"E 31°20'37.45"E Mhlosheni Mhlosheni 27°11'47.02"S 27°11'0.17"S 31°23'23.19"E 31°23'39.17"E Mantambe Mantambe 27°15'0.03"S 27°15'24.38"S chiefdom 31°26'1.79"E 31°26'5.79"E Masiphula Mabonwabulawe 27°15'17.72"S 27°16'17.27"S chiefdom 31°29'26.42"E 31°28'35.61"E Our Lady Hhohho Emuva 27°15'13.28"S 27°15'40.49"S chiefdom 31°30'47.68"E 31°31'40.56"E Florence Hhohho Emuva 27°14'58.27"S 27°14'47.44"S chiefdom 31°31'5.36"E 31°31'32.71"E Bambitje Bambitje 27°14'16.55"S 27°14'17.78"S chiefdom 31°31'11.39"E 31°31'45.53"E Mziki Hluthi 27°13'4.69"S 27°13'24.19"S 31°35'16.57"E 31°35'16.30"E Nsingizini Nsingizini 27°11'16.21"S 27°10'47.33"S chiefdom 31°33'24.67"E 31°34'33.95"E Source: Fieldwork, January 2024 Table 7: Locality and absolute location for Package 3 kiosks Kiosk Number Locality Area (Sqm) Coordinates 1 Makhonza 458 27°11'1.50"S 31°15'6.14"E 2 Eqinisweni 504.07 27°10'17.42"S 31°15'50.47"E 3 Makhonza 407.04 27°11'2.54"S 31°16'8.97"E 4 Makhonza 530.7 27°12'22.35"S 31°18'30.89"E 5 Zombodze 529.27 27°13'26.07"S 31°18'10.26"E 6 Ngwenyameni 526.84 27°10'59.31"S 31°20'38.22"E 7 Mantambe 528.2 27°15'24.58"S 31°26'5.37"E 8 Masiphula 467.27 27°16'16.15"S 31°28'36.43"E 9 Our Lady 507.56 27°15'40.29"S 31°31'36.00"E 10 Florence 484 27°14'48.66"S 22 | P a g e 31°31'32.19"E 11 Bambitje 535.33 27°14'17.34"S 31°31'42.80"E 12 Mziki 532.80 27°13'23.86"S 31°35'15.16"E 13 Mantambe 482.5 27°15'24.75"S 31°26'16.71"E 14 Masiphula 538 27°15'32.56"S 31°29'23.72"E 15 Nsingizini 507.09 27°10'47.03"S 31°34'33.00"E Source: Fieldwork, January 2024 The laterals as designed to run parallel to community access and service roads and are typically within 3-5m of the road edges. They traverse land parcels which are either fallow fields or used for crop farming by individual landholders. There are also areas where the construction of the laterals will result in the removal of individually owned assets, particularly trees and fences. Most of the kiosks are located on landholdings belonging to individual households and farms. Only 3 out of the 15 kiosks are located on non-allocated land parcels. 3.3 Identified impacts of project activities The EWSSAP project is expected to have an overall positive impact in terms of potable water supply and sanitation access. Both positive and negative impacts, and mitigation thereof, are described in detail in the project’s ESIA/ESMP report. The Package 1&2 RAP also highlights some of these impacts. Sections 3.3.1 and 3.3.2 of this RAP presents some of the broad positive and negative project impacts as adapted for the Package 3 RAP from the ESIA and Package 1&2 RAP. 3.3.1 Positive socio-economic impacts of project Employment opportunities - The local population from the different chiefdoms in the three Tinkhundla will likely have the opportunity for employment as either skilled or non-skilled labour onsite. During the operational stage of the project more long-term opportunities will emerge from the water supply management service provision including the operation of the kiosks. The broad project strategy that the kiosks be operated by locals enhances this impact. Increased and secure water supply – existing water supply in parts of the project area will be enhanced through the implementation of the project in terms of pressure and coverage. The project will also increase reliability and security in terms of continuous availability of water supply in all seasons. This impact is enhanced by the strategic locations of the kiosks which allows for easy access. 23 | P a g e Increased food security – with reliable and secure water supply, households will be in a position to establish irrigated backyard gardens, producing crops and vegetables all year round, thereby improving their food security. Reduced burden on women and children - The burden to collect water for domestic needs such as cooking, drinking, and washing falls primarily on women and children. The implementation of the project will significantly reduce this burden in terms of time spent and distance travelled because of the improved water access at household levels. 3.3.2 Negative social impacts of the project and their mitigation Loss of arable land - The design of the laterals for the water supply distribution network in terms of layout is such that it follows the dirt roads that traverse through the communities. This design philosophy has resulted in small land parcel losses for individual landholdings. A total of 2.6ha of both SNL and TDL will be lost to the water supply distribution network, with the largest individual land parcel to be lost measuring 535m2 and the smallest measuring 30m2. All land related losses will be compensated through the project’s entitlement and compensation framework. Access restrictions - During construction, some access roads and crossings to places of residence, schools, clinics and shops may be temporarily closed. This will impact the movement of people and livestock to and from either side of the laterals. As a result, the project, through the contractor will open temporary crossings during construction. Such crossings should be accommodative to people, livestock, and vehicles. 3.4 Displacement impacts 3.4.1 Physical displacement Package 3 of the EWSSAP will not result in any displacement of homesteads in the form of relocation to make way for project implementation. There will however be structures that will have to be removed and re-stablished within affected homestead compounds to make way for the construction of laterals. These include fence lines, kraals, and one toilet structure. Impacts associated with this physical displacement will be mitigated by ensuring that the replacement structures such as pit latrines are fully built and operational before demolition of existing structures, and that fences are re-instated once the works have been completed. 24 | P a g e 3.4.2 Economic displacement Economic displacement impacts associated with Package 3 will be in the form of land losses and business disruptions. Affected farms on TDL will have their economic value reduced because of the land that will be acquired by the project. Business disruptions through impeded access during construction will result in income losses for two businesses that were identified along the “Our Lady of Sorrows� lateral at Shiselweni 1 Inkhundla. 3.5 Zone of impact The direct impacts of the project will largely be limited to the three Tinkhundla which are targeted for water supply through the distribution network. With regards to land acquisition, impact will mainly be limited to the access road reserves wherein the 12 laterals will be placed, as well as on the pieces of land earmarked for the placement of kiosks. It is from these road reserves and kiosk areas that small parcels of land, some belonging to individuals and under cultivation, will be acquired for purposes of the project. Details on the extent and magnitude of the project impacts are presented in Chapter 5 of the RAP, where specific losses that will be resulting from the implementation of Package 3 are presented. 25 | P a g e CHAPTER FOUR: BASELINE SOCIO-ECONOMIC AND DEMOGRAPHIC STUDIES 4.1 Background to socio-economic studies To better inform the RAP from an impact mitigation and livelihood restoration perspective, the socio-economic status for the identified PAPs on SNL had to be determined. A socio-economic survey was conducted for all affected households in the three Tinkhundla to gather demographic and livelihood information. A total of 47 PAP households on SNL were identified along the 12 laterals and 8 kiosks positions. The specific objective of the socio-economic studies was to profile the socio-economic status of the PAPs by determining the following: ➢ Number of PAPs who participated in the socio-economic survey, ➢ Marital status of PAPs by gender ➢ PAP level of education by gender ➢ Age distribution of PAPs by gender ➢ Household characteristics of PAPs (household head demographics and household sizes, and number of vulnerable persons) ➢ Access to public utilities ➢ Economic conditions of PAPs (income, means of livelihood and asset ownership) ➢ Land access by gender ➢ Asset ownership status ➢ Vulnerable persons A summary of the socio-economic and demographic information for the identified PAPs is attached as Annex 4 of this report. 4.2 Methodology Quantitative methods were used to collect the data that would inform the socioeconomic survey. To this end a structured questionnaire with closed-ended questions was adopted as the data collection tool. A set of questions covering the key areas as outlined in Section 4.1 were generated to form the questionnaire. For ease of data collection an online survey application was developed, wherein the questionnaire was uploaded and accessed through a Tablet. The administering of the questionnaire was conducted physically through door-to-door visits to the identified PAPs by the data collection team (Figure 7). On a daily basis all collected 26 | P a g e data was uploaded into a database stored on the cloud, which was then exported into Excel for ease of analysis. Figure 3: Data collector administering questionnaire to one of the identified PAPs The target interviewee was the head of the household, though in a few instances where the head was unavailable the questionnaire was administered to an available adult member who was able to provide the required responses. Data collection was done between the 11th of January 2024 and 02nd February 2024. This period covered re-visits that had to be done for instances where respondents could not be available during the first visits. 4.3 Findings 4.3.1 Number of PAPs who participated in the socioeconomic survey A 100% participation rate of the identified PAP households was achieved in the socio-economic studies. Of the 47 that participated in the socio-economic survey, 62% (29) are males, while 38% (18) are females. Hosea has the most PAPs, with 64% (30) in this Inkundla, while Shiselweni 1 has the least at 11% (5). Zombodze Emuva takes up the remaining 25% (12). The distribution of the number of PAPs that were identified and participated in the socio-economic survey is shown according to gender in Table 8. 27 | P a g e Table 8: Number of PAPs who participated in the socio-economic survey Inkhundla Female Male Total Hosea 13 17 30 Shiselweni 1 1 4 5 Zombodze Emuva 4 8 12 Total PAPs 18 29 47 4.3.2 Marital status of PAPs by gender The socio-economic studies also sought to understand the marital status of all the PAPs. PAP heads of household were asked whether they are married, single, widowed, separated, or co-habiting. Figure 4 shows the proportions of PAPs for each of the marital status categories. Proportions of Package 3 PAPs according to marital status 2% 23% 20% 53% 2% Cohabiting Married Seperated Single Widowed Figure 4: Proportions of Package 3 PAPs according to marital status For a deeper analysis this understanding was aggregated according to gender. The findings indicate that the 53% (25) married PAP household heads is constituted by 47% (22) males and 6% (3) females. The 23% (11) widowed PAP household heads are largely constituted by females at 19% (9) of the total PAP population, with male widowed PAPs constituting 4% (2). Single PAP household heads constitute almost similar proportions to the total PAP population in terms of gender, at 11% and 9% for females and males, respectively. The 1 (2%) PAP who indicated being separated is female, whilst the other 1 who indicated that they are cohabiting is male. Figure 5 presents a summary of the marital status of all the 47 PAPs by gender. 28 | P a g e Package 3 PAP marital status by gender 47% 50% 40% 30% 19% 20% 11% 9% 10% 6% 2% 2% 4% 0% 0% 0% Cohabiting Married Separated Single Widow Female Male Figure 5: Package 3 PAP marital status by gender The analysis of the marital status of PAP household heads was also aggregated according to the three Tinkhundla that constitute the project area for Package 3. The summary findings per Inkhundla are presented in Table 9. Table 9: Package 3 PAP marital status by gender according to Inkhundla Marital Hosea Zombodze Shiselweni 1 Total Status Female Male Female Male Female Male PAPs Cohabiting 0 0 0 1 0 0 1 Married 2 13 1 6 0 3 25 Separated 0 0 0 0 1 0 1 Single 4 3 1 0 0 1 9 Widow 7 1 2 1 0 0 11 Total 13 17 4 8 1 4 47 The findings on the PAPs marital status indicate that 11 out of the 47 are widowed. Of the 11, 9 are women. These findings indicate that these PAPs and their households may be more vulnerable than the other PAPs, and it is for this reason that the PIU should ensure that a vulnerability allowance is apportioned to them. These results provide direction to the PIU with regards to vulnerability support and focus within the PAP population. 4.3.3 Education attainment of PAPs by gender The level of education attained by PAPs formed part of the socio-economic survey. The categories in this regard were: • Tertiary 29 | P a g e • High school • Secondary • Primary school • Adult education • No education Only 13% (6) of the identified PAPs had not gone through formal education. The rest (87%) have been through some form of education with differing levels in terms of attainment. Figure 6 shows the proportions of PAPs with regards to level of education in accordance to the six categories outlined above. Package 3 PAPs education attainment proportions 2% 13% 15% 21% 26% 21% Tertiary High school Secondary school Primary school Adult education No education Figure 6: Package 3 PAPs education attainment proportions Viewing these findings through a gender lens showed that, the 13% with no education is mostly constituted by female PAPs at 9% (4) of the total PAP population whilst the male PAPs constitute 4% (2). For the 87% PAPs who have received some form of education, the males form the majority at 58% with the female PAPs constituting the remaining 29%. There are also significant gaps in terms of the gender proportions with regards to high school and tertiary education attainment. Only 2% of female PAPs attained high school education against 19% for male PAPs. For tertiary education 4% female PAPs made it against 11% male PAPs. Female PAPs only constitute higher proportions when it comes to primary school and adult education attainment at 15% and 2%, respectively, against 13% and 0%, respectively for the male PAPs. Figure 7 presents a summary of Package 3 PAP education attainment according to gender. 30 | P a g e Package 3 PAP education attainment by gender 19% 20% 15% 15% 15% 13% 11% 9% 10% 6% 4% 4% 5% 2% 2% 0% 0% Adult High No Primary Secondary Tertiary education School Education School Female Male Figure 7: Package 3 PAP education attainment by gender The low level of education compounded by disparities linked to gender and widowhood render some of these PAPs more vulnerable. It is therefore imperative that the PIU takes cognisance of these vulnerability elements and apportions the appropriate vulnerability allowance as detailed in later sections of the document. The results in actual figures for PAP education attainment by gender according to Inkhundla are presented in Table 10 below. Table 10: Package 3 education attainment status by gender according to Inkhundla Educational Hosea Shiselweni 1 Zombodze Total status Female Male Female Male Female Male PAPs Adult education 1 0 0 0 0 0 1 High school 1 2 0 4 0 3 10 No education 4 2 0 0 0 0 6 Primary school 4 5 1 0 2 1 13 Secondary 2 6 0 0 1 1 10 Tertiary 1 2 0 0 1 3 7 Total 13 17 1 4 4 8 47 4.3.4 Age distribution of PAPs by gender To capture the age distribution of the PAPs, the respondents for the socio- economic survey were asked to provide their age. Based on the ages provided, three categories in terms of age ranges were created for purposes of analysis and presentation of findings. 31 | P a g e The overall age range for the total PAP household head population for Package 3 is 25 – 82 years. This suggests that none of PAP households are child-headed. Three age range categories were created from this overall range. The first range is 25 to 49 years. This range is characterized by people who, if not suffering from any disability, are still highly active, particularly in terms of employability and ability to perform physical livelihood sustenance activities like farming. The second range is 50 – 65. People in this range are still active, but the levels are lower. In terms of employability and manual work they are on the lower end, where they either retired or close to retirement. This places this age group at risk for vulnerability of financial hardship and reduced resilience in recovering from any unintended impacts of the project. The last range, 66 – 82 consists of the elderly people who mostly live off from pension, social grants, and remittances. Elements of vulnerability are especially characteristic of the population in this range because they tend to be dependent on others for their livelihood sustenance. For the Package 3 PAP population, the findings from the socio-economic survey indicate that almost half (46%) of the PAP household heads are within the 50 – 65 years age range. The elderly (66 – 82) constitute the lowest proportion at 24%, with the economically and physically active (25 – 49 years) constituting 30% of the total PAP population. A graphical presentation of the age distribution is presented in Figure 8. Package 3 PAP age distribution 24% 30% 46% 25-49 50-65 66-82 Figure 8: Package 3 PAP age distribution 32 | P a g e In terms of this RAP, this age distribution has some significance. With many of the PAPs (70%) being between 50 and 82, it can be assumed that any disruption in terms of their livelihoods and assets would cause significant impact. This is because for most of them, their lives are likely centred on access to the local resources and assets they have accumulated over the years. Any restrictions in terms of access to land, for instance, and any asset losses like the removal of trees, fence and kraals, would have to be handled with extra caution in terms of compensation and livelihood restoration in cognizance of the probable vulnerabilities in the affected population based on its age characteristic. As with the other demographic attributes for the PAP population, the analysis took gender into account. For all the three categories there are more male PAP household heads than female. The difference in the numbers in terms of male and female is more pronounced in the 25 to 49 age range, with males constituting 21% of the total PAP population, whilst females constitute 9%. For the 50 – 65 years age range, the difference is less pronounced with only a 4% difference between the proportions for males (25%) and females (21%). Figure 9 shows the PAP age distribution as disaggregated by gender. Package 3 PAP age distribution by gender 25% 25% 21% 21% 20% 15% 15% 9% 9% 10% 5% 0% 25 - 49 years 50 - 65 years 66 - 82 years Female Male Figure 9: Package 3 PAP age distribution by gender The findings reflect that Hosea is the Inkhundla of interest, particularly with regards to the elderly, because they mostly reside in chiefdoms under this Inkhundla. The summary findings for this analysis are presented in Table 11. 33 | P a g e Table 11: Package 3 PAP age distribution by gender according to Inkhundla Age range Hosea Shiselweni 1 Zombodze Total Female Male Female Male Female Male PAPs 25 - 46 years 2 4 0 3 2 3 14 50 - 65 years 9 7 0 0 1 5 22 66 - 82 years 2 6 1 1 1 0 11 Total 13 17 1 4 4 8 47 4.3.5 Household Characteristics of PAPs PAP household characteristics are described in this RAP according to gender of the household head as well as size of household. Status of PAPs in household The definition of PAP in the context of this RAP is limited to the head of the households that will be directly affected by Package 3 project activities leading to livelihood disruptions and asset losses. The rationale for this definition is that the household head is the primary person who is responsible for the household and is the rightful owner of the household assets including structures and equipment. In the context of SNL, this is the person who is recognized by the Umphakatsi as the rightful allotee of the land parcel on which the household livelihood is based. As such all decisions and consultations as related to the household are done through the head. Of the 47 identified households, 62% are male-headed, whilst 38% are female-headed. Figure 10 shows the distribution of PAP household heads according to gender in the three Tinkhundla. Package 3 PAP household head distribution by gender according to Inkhundla 70% 62% 60% 50% 36% 38% 40% 28% 30% 17% 20% 9% 9% 10% 2% 0% Hosea Shiselweni 1 Zombodze Total Female Male Figure 10: Package 3 PAP household head distribution by gender according to Inkhundla 34 | P a g e The overall project area gender bias in terms of male headed households is evident in all the 3 Tinkhundla with each Inkhundla having more male-headed than female-headed households. From the RAP perspective, there needs to be vigilance in the engagement of PAPs by the PIU to ensure that the interests of the female-headed households in the land acquisition and compensation processes are not superseded by the male headed households who are a majority. The results indicate the need for emphasis on individual engagements with PAPs in order to mitigate biased views in terms PAP interests. Household size To determine the sizes of PAP households, respondents were asked to provide information on the number of dependants within individual households. Similar to the question on age distribution, the respondents were asked to state how many dependants each household had. The findings show that the 47 PAPs have a combined total of 310 dependants. This number gives a picture on the scale of the impact of Package 3 loss of assets and property. The range of the number of dependants for the overall project area came out as 0 – 18 dependants per PAP. On the basis of this range, three categories were created. These are 0 – 5, which is considered a small household size, 6 – 10 to constitutes a large household size, and 11 – 18, which is considered a very large household size. Of the 47 PAPs, 53% have dependents ranging from 5 – 10 dependents; 32% have 0 – 5 dependents; and 15% have dependents ranging from 11 to 18. This findings in terms of PAP household sizes is graphically presented in Figure 11. Package 3 PAP household sizes 32% 0 - 5 dependents 53% 11 - 18 dependents 5 - 10 dependents 15% Figure 11: Package 3 PAP household sizes 35 | P a g e The actual numbers in each range category with regards to household sizes in each of the three Tinkhundla is presented in Table 12. Table 12: Package 3 PAP household sizes according to Inkhundla Household Size Hosea Shiselweni 1 Zombodze Total PAPs 0 - 5 dependents 7 1 7 15 11 - 18 dependents 6 1 0 7 5 - 10 dependents 17 3 5 25 Total PAPs 30 5 12 47 A majority of the PAP households can be characterized as large to very large in terms of size. This reflects the significance of the project impacts in terms people reached. A large number of people would be adversely affected if the adverse impacts related to land acquisition and the losses therein are not well managed and mitigated. 4.3.6 Access to public utilities Access to public utilities is one of the main indicators of the socio-economic status at household level. To this end the socio-economic survey sought to determine the extent to which the identified PAPs have access to public utilities in terms of electricity, potable water and household sanitation facilities. Electricity Of the 47 PAPs a total of 42 have access to electricity through connection to the Eswatini Electricity Company (EEC) grid. This translates to 89% coverage for the identified PAPs. This is a significant proportion and suggests some level of affordability on the part of the PAPs. It can be assumed from this result that when presented with the opportunity for EWSC water household connections, the majority of the PAPs and the communities at large would be able to afford connecting to the EWSC network. All the 5 PAPs that do not have access to electricity are from Nsingizini chiefdom under Hosea Inkhundla. This suggests 100% access to electricity for the Zombodze Emuva and Shiselweni 1 PAPs. Access to drinking water In determining access to the drinking water source by PAPs respondents were asked to state their source of drinking water from 5 possible options, namely: • EWSC • Communal borehole • Water harvesting • River • Spring 36 | P a g e Respondents were at liberty to select more than one option where applicable. The results indicate that most of the PAPs rely on communal borehole water as their main source of drinking water, wherein it was mostly selected on its own, and in combination with another water source. Of interest is that 6 of the 47 identified PAPs use EWSC water for drinking and domestic purposes. Of note as well is that for the EWSC water users this source is used exclusively whereas for the other sources there are cases of them being used in combination with another. With increased access and availability of EWSC water, the likelihood of more connections to EWSC network is high. Figure 12 presents a summary with regards to PAP access to drinking and domestic water according to water source. Package 3 PAP access to drinking water according to source Communal borehole only 40% Communal borehole, rain waterharvesting 35% 34% Communal borehole, spring 30% EWSC only 25% 23% Rainwater harvesting only River only 20% River, communal borehole 15% 13% River, rainwater harvesting 10% 9% 6% Spring only 4% 4% 4% 5% 2% 0% Figure 12: Package 3 PAP access to drinking water according to source As with most of the PAP socio-economic attributes, the analysis was also done according to Inkhundla. Table 13 presents the actual figures in terms of the number of PAPs accessing water through the different sources in each of the three Tinkhundla. 37 | P a g e Table 13: Package 3 PAP access to water according to source in each of the 3 Tinkhundla Water Sources Hosea Shiselweni 1 Zombodze Total PAPs Communal borehole only 14 1 1 16 Communal borehole, rainwater 3 0 0 3 harvesting Communal borehole, spring 1 1 0 2 EWSC 1 1 4 6 Rainwater harvesting only 3 1 0 4 River only 6 1 4 11 River, communal borehole 1 0 1 2 River, rainwater harvesting 0 0 1 1 Spring only 1 0 1 2 Total PAPs 30 5 12 47 As noted on Table 13, of the 6 EWSC water users, the majority (4) are from Zombodze Emuva, with Hosea and Shiselweni 1 each having 1 PAP with access to EWSC water. The results indicate there is some willingness to pay for water from EWSC. Findings of the Socio-economic Characterization Study for the project do indicate that over 80% of population along the laterals are willing to pay for water. This suggests that for the majority of the population currently relying on the other water sources, a shift to buying water from the kiosks for domestic use is highly likely. Access to household sanitation facilities The investigation into sanitation facilities as part of the socio-economic studies focused on the type of toilet facilities that are available and used at each of the PAP households. Options presented to respondents were: • Pit latrine • VIP toilet with hand washing basin • VIP toilet without hand washing basin • Flush toilet • No toilet facility The studies sought to determine how many PAP households have access to each of four toilet facility options as well as those who have no access to any. As with the water access, respondents could select more than one option where applicable. Notably, a significant proportion of the Package 3 PAPs have no access to proper sanitation facilities with 57% (27) using basic pit latrines, and 11 (5) % not having any sanitation facilities at all. Only 6% (3) of the PAP households have 38 | P a g e access to flush toilets, which they use in combination with either a pit latrine or a VIP toilet with basin. Figure 13 presents the summary of the findings with regards to access to sanitation facilities by the Package 3 PAPs. Package 3 PAP access to sanitation facilities 60% 57% 50% None Pit latrine 40% Pit latrine, flush toilet 30% VIP with basin VIP with basin, flush toilet 20% 23% VIP without basin 10% 11% 4% 2% 2% 0% Figure 13: Package 3 PAP access to sanitation facilities The summary of the findings is also presented according to the Tinkhundla, showing the actual figures in terms of the number of PAPs with access to each of the sanitation facility options. This summary is presented in Table 14. Table 14: Package 3 PAP access to sanitation facilities according to type in each of the 3 Tinkhundla Facility type Hosea Shiselweni 1 Zombodze Total PAPs None 5 0 0 5 Pit latrine 19 2 6 27 Pit latrine, Flush toilet 1 0 1 2 VIP with basin 1 0 0 1 VIP with basin, Flush 0 0 1 1 toilet VIP without basin 4 3 4 11 Total 30 5 12 47 In terms of sanitation focus in relation to Package 3 PAPs, Hosea Inkhundla should be of interest because the high proportion that does not have access to appropriate facilities are under Hosea. All the 5 PAPs that do not have access at 39 | P a g e all to a sanitation facility are also from Hosea, as well as the19 out the 27 that only have basic pit latrines. 4.3.7 Economic conditions of PAPs One of the key areas EWSSAP is likely to have impact on is the economic status at household level. As discussed in Chapter 4 on the impacts of the project, the implementation of Package 3 will likely result in some land and asset losses, albeit on a small scale, as well as disruptions through fence removal and destruction of fruit trees. These elements do contribute to the economic conditions of a household. It is in this regard therefore that one of the key areas of interest for the socio-economic survey was to determine current economic conditions of the PAPs. Any economic impact of the project would be evaluated against the extent to which it has altered the prevailing economic conditions at household level for the PAPs. To determine the economic conditions of the identified Package 3 PAPs, the socio- economic survey sought to gather information on two indicators, that is, the main source/means of livelihood, and income levels. Means of livelihoods To understand the main source/means of livelihood for the PAPs, six options were presented in the questionnaire for selection. These were • Farming • Fulltime employment • Handicraft • Hawking • Part time employment • Other From the findings, only 17% (8) of the PAPs are in full-time employment. These could be considered to have steady income from the salaries they earn. Another 17% have their livelihoods supported by farming. This is an important aspect for the project with regards to disturbances that will result from land acquisition. Considering that the 47 PAPs combined will lose 1ha to the project, the impact from a livelihood perspective is not expected to be significant for these 17% whose means of livelihood is based on farming. Two (2) live off from handicraft and hawking, with one for each livelihood source, whilst 21% (10) support their livelihoods through part time employment. Many of the PAPs (40%) indicated being supported through other means of livelihood. Specified ones in this regard were remittances (from family members), pension, and self-employment. Figure 40 | P a g e 14 shows a graphical presentation with regards to the proportions of PAPs according to their main source of livelihoods. The findings will be pivotal in decisions to be made about compensation for each PAP with the goal of ensuring that PAPs are not left worse-off after the project implementation. Package 3 PAPs main sources of livelihood 45% 40% 40% 35% 30% 25% 21% 20% 17% 17% 15% 10% 5% 2% 2% 0% Farming Fulltime employment Handicraft Hawking Part-time employment Other Figure 14: Package 3 PAPs main source of livelihood Results of a further analysis showing the actual number of PAPs per livelihood source category in each of the three Tinkhundla are presented in Table 15. Notably the proportion of PAPs in full time employment is largely evenly spread across the three Tinkhundla, with 3 each for Hosea and Zombodze Emuva, and 2 at Shiselweni 1. Farming-based livelihoods are predominant at Hosea, with 5 out the 8 farming households being from Nsingizini chiefdom in Hosea. Table 15: Package 3 PAPs livelihood sources according to Inkhundla Source of livelihood Hosea Shiselweni 1 Zombodze Total PAPs Farming 5 1 2 8 Formal Employment 3 2 3 8 Handicraft 0 0 1 1 Hawking 1 0 0 1 Part-time Employment 5 1 4 10 Other 16 1 2 19 Total 30 5 12 47 41 | P a g e PAPs Income levels Obtaining information on income levels from the PAPs proved to be a challenge during the data collection exercise of the socio-economic survey. Whereas PAPs were willing to share information on their sources of livelihood, only 22 out of the 47 provided information on income. The findings on this indicator are therefore based on the 22 that provided the information. PAPs gave an estimate of income received in the past 12 months. The 22 that provided the information received a total income of E873,700.00 from different sources in the past 12 months. The biggest proportion of this income came from formal employment at 67%, followed by self-employment (constituted by part-time employment/piece jobs, hawking, and handicraft) at 19% of the total income received by the 22 PAPs. Figure 15 shows the proportions of the total income received by the 22 PAPs through the different sources or means. Proportion of 22 Package 3 PAPs that received income from the different sources in the last 12 months 0.4% 5% 0.1% 8% 1% 19% 67% Crop farming Livestock farming Agricultural labour Non-agricultural labour Self employment Formal employment Other Figure 15: Income sources for Package 3 PAPs in the last 12 months The responses from the PAPs were then categorized into income ranges between 65 years), widowed, and low- income. Vulnerable persons are highlighted for purposes of ensuring that that the necessary support is provided by the project to cushion some of the vulnerabilities they are likely to be exposed to. Vulnerability allowance is provided by the project for all PAPs falling under the different vulnerability categories. Disability The findings of the socio-economic studies show that out of the 310 dependants for the 47 PAP households, 9 are living with disability. These are from 7 households, with 2 of these households each having 2 people living with disability. The 7 households are mainly from Hosea Inkhundla with 6, whilst the 1 is from Shiselweni 1 Inkhundla. In terms of gender analysis for the disabled dependants, 5 are male and 4 are female. Their age range is 19 – 56 years. As a result of the physical impairments, the disabled tend to be subjected to difficulties that require support in terms of prevention from harm, access to facilities, as well as access to opportunities. They are also susceptible to social and economic exclusion at community level. It is in this context that households with disabled dependants are classified as vulnerable in the project. Therefore, these PAPs will be eligible to receive a vulnerability allowance to mitigate against unintended adverse impacts of the project. Advanced age The socio-economic survey determined that 24% (11) of the total PAP household head population are between the ages 66 and 84 years. In terms of age, the elderly are considered to be susceptible to vulnerabilities and risks that require extra effort in terms of prevention from harm and exploitation. In the context of this RAP, there needs to be consideration that the implementation the project does not exacerbate any hardships that these vulnerable people face daily. A vulnerability allowance will be provided for all PAPs over the age of 65. Widowed As determined under the marital status of the PAP population, 11 PAPs are widowed, with 9 of these being women. Hosea Inkhundla has the highest number 46 | P a g e of widowed PAPs, with 8 out of the 11. Widows, particularly women, tend to be excluded in decision-making processes at homestead and community levels as a result of cultural beliefs and norms. Instances of land and property grabs from widows at family and community levels have been recorded at national level. These elements and experiences have shown the vulnerabilities that are related to widowhood. As such the project takes cognizance of widowed PAPs as a vulnerable group that needs to be considered for vulnerability support initiatives within the project designs and plans. Low income The findings on income show that 13 out of the 47 PAPs earn E2 000.00 or less per month. As reflected in the Socio-economic Characterization Study for the project, these are considered low-income earners. Of the 14 low-income PAPs, 9 are from Hosea. Low income is considered a vulnerability in the project because it has implications on an individual’s affordability, and consequently lowers their ability to meet basic needs. It also limits access to opportunities, and low-income earners tend to suffer economic and social exclusion because of their economic status. It is therefore important that the project does not exacerbate these exclusions. The project to this end will make available to this group of PAPs the necessary support as provided to other vulnerable groups to ensure that they are adequately cushioned from any adverse impacts of the project. 47 | P a g e CHAPTER FIVE: SPECIFIC PACKAGE 3 IMPACTS AND MITIGATION 5.1 Background to asset inventory An asset inventory for affected properties was conducted between the 11th of January 2024 and 08th February 2024 on SNL and to inform the RAP. It is through this inventory that specific impacts of the implementation of Package 3 were adequately contextualized and described. The asset inventory was carried out based on the design layout of the distribution network showing the location of the laterals and the specific positions of the kiosks. Individual asset survey forms were filled for each of the affected households. A total of 50 asset survey forms were completed during the asset inventory exercise. 5.2 Package 3 impacts 5.2.1 Impact by all types categories All assets along the 12 laterals and 15 kiosks placements were identified and recorded during the asset inventory exercise. In terms of categorization, affected assets were land, fencing, trees (fruit and non-fruit), and some structures including kraals and a toilet. A summary of the land acquisition impacts by asset category and in terms extent of the effect as well as the number of PAPs (homesteads) affected is presented Table 18 below. Table 18: Affected assets for Package 3 PAPs according to category Asset Asset Type Extent of effect No. of category Area Qty Length (m) 2 Size (m ) PAPs (Ha) Land Cultivated fields (SNL) 0.83 39 Cultivated fields (farm 0.05 1 dweller) Private farm land 1.8 10 Fence Barbed wire 1514 14 Diamond mesh 292 3 Veldspan 816 10 Wall 86 1 Wood (logs) 92 2 Fruit Bananas 10 2 trees Avocados 5 3 Oranges 1 1 Mangoes 1 1 Non-fruit Pine 56 4 trees Wattle 9 3 Duranta 1 1 48 | P a g e Asset Asset Type Extent of effect No. of category Area Qty Length (m) Size (m )2 PAPs (Ha) Umsinsi 2 1 Eucalyptus 27 1 Other Kraals 54.66 4 structures Toilet 4.9 1 5.2.2 Impact on properties, ownership and land tenure Impacts of the Package 3 will be on properties and asset ownership under both SNL and TDL. The implementation of Package 3 is not expected to have any bearing on the tenure arrangements in the project areas under the three Tinkhundla. However, the project has impacts on properties and ownership albeit on relatively small scale, particularly on SNL. Small portions of the individual landholdings, especially at the edges of fields, will be affected by the implementation of Package 3. As shown in the example on Figure 18, the identified PAP in this case will lose about 127m2 of land parcel (red strip on figure) to the construction of the lateral along the edge of his field. Figure 18: Typical land parcel to be acquired for Package 3 A total of 39 PAPs on SNL will be affected through loss of land where a combined 0.83ha will be acquired by the project. The largest individual parcel of land to be 49 | P a g e acquired by the project on SNL is 535 m2, and this is on one of the land portions earmarked for the placement of a kiosk. Land losses on TDL will affect 10 farm owners where a combined 1.8 ha will be lost to the laterals and kiosks. Of the 1.8 ha, 1.65 ha will be taken up by the laterals, with the remaining 0.15 ha lost to the kiosks’ locations. One of the kiosk areas, measuring 0.05 ha on TDL, is used as a crop field by a household considered to be a farm dweller. The land parcels to be lost to the project are owned by both individuals and institutions. Institutions include companies, schools, and churches. Table 19 shows the number of individual PAPs and institutions that will lose portions of their land on both SNL and TDL. Table 19: Land losses for individuals and institutions on both SNL and TDL Land Total land Landholding/Ownership Total PAPs tenure lost (ha) Individual Institutions Unknown PAPs SNL 0.83 39 0 0 39 TDL 1.8 3 5 2 10 Total 2.67 42 5 2 49 The losses in land, particularly for TDL, will result in financial losses for farm owners as they will result in reduction of farm valuations. It is in this context that compensation for land by the project will be in cash and based on valuations of portions to be acquired by the project. 5.2.3 Impacts on physical structures and ownership The water supply distribution network will not have extensive impacts on physical structures. As noted during the asset survey, physical structures to be impacted are fences, kraals, and one toilet structure. Boundary fencing for individual landholders along the laterals will have to be temporarily removed during construction. Barbed wire fencing is the most common type of fence that will be affected by the project within the project area in terms of length and the number of homesteads to be affected. Table 20 shows the range in terms of length per fence type, showing the shortest and longest lengths. 50 | P a g e Table 20: Length of affected boundary fences according to type Fence type Total length(m) Shortest length(m) Longest length(m) Barbed wire 1514 32 175 Diamond mesh 292 85 121 Veldspan 816 41 142 Wall 86 86 86 Wooden sticks 92 45 47 The removal of the fences will have implications on safety and security of the affected homesteads, albeit on a temporary basis. To ensure the safety and security of affected homesteads, the contractor will only remove fencing once replacement fence has been erected, where feasible. The four kraals and the one toilet which were identified will be demolished to make way for the construction. Two of the four kraals to be affected measure a total area of 20m2 each, and this is the largest size, with the smallest kraal measuring 4.16m2. As with the fence, the removal and subsequent relocation of the kraals will temporarily compromise the secure enclosure of livestock in the affected homesteads. To mitigate against this impact, compensation for the kraals will be paid out before demolition. The homestead owner will be given adequate time to erect the new kraal before removing the affected one. The toilet that is likely to be demolished to make way for the construction measures 4.9m2. To avoid inconvenience and sanitation-related impacts in the affected homestead, the contractor will construct and handover a new toilet before demolishing the existing one. 5.2.4 Impacts on trees and crops The asset survey identified 5 fruit tree types that will be affected and removed to make way for construction. The trees will be permanently lost. The total number of fruit trees to be lost is 17, 10 of which are banana trees. Of these 17 fruit trees, 7 have not yet reached the fruiting stage. Table 21 is a summary of the fruit trees that will be lost during the implementation of Package 3 of the project. Table 21: Number of fruit trees to be affected in Package 3 according to type Tree Type # of trees (fruiting) # of trees (non- # of affected fruiting stage) homesteads Bananas 4 6 2 Avocados 4 1 3 Oranges 1 0 1 Mangos 1 0 1 51 | P a g e Besides the fruit trees, some non-fruit trees will likely be removed and permanently lost during the construction phase of the project. A total of 68 standing trees were identified in the affected homesteads during the asset survey. These are mostly pine trees which are located by the fence line and used as windbreaks (Figure 19). Figure 19: Pine trees to be affected by the project as observed along fence lines Of the 68 trees, 9 could be classified as not having reached maturity. Table 22 presents a summary of the non-fruit tree types that will be removed in the affected homesteads during construction. Table 22: Number of non-fruit trees to be affected in Package 3 according to type Tree Type # of trees (mature) # of trees (not # of affected mature) homesteads Pine 51 5 4 Wattle 5 4 3 Umsinsi 2 0 1 Duranta erecta 1 0 1 In addition to the 68 standing trees of the affected homesteads, a total of 27 Eucalyptus trees were identified in one of the affected farms as likely to be removed during construction. 52 | P a g e The project will not have a significant impact on standing crops. This is firstly due the size of land parcels that will be acquired, and secondly because most of the fields that will be taken up by the project are fallow. Of the 39 land parcels identified on SNL as fields, only 4 had standing crops at the time the asset survey was conducted. The total land for cultivation that will be acquired by the project on SNL measures 0.83 ha. None of the land parcels from the affected farms (TDL) is under cultivation. 5.2.5 Business disruptions and income losses The implementation of Package 3 will not have any major impact related to business disruptions and income losses. There will be, however, short term impact to businesses during the construction stage in terms of impeded access. Two such businesses were identified at Eposini area under Hosea Inkhundla. One is a spaza (Figure 20), and the other is a grocery shop (Figure 21). Provision will be made during construction to allow for temporary access and minimal disturbances to these businesses to mitigate income losses. The Project Implementation Unit (PIU) will monitor and ensure that the contractor adheres to this requirement. Furthermore, the businesses will be compensated for business loss during construction. Figure 20: Spaza shop to be affected by the project through impeded access 53 | P a g e Figure 21: Grocery shop to be affected by the project through impeded access 5.2.6 Restrictions in access to residential properties During construction, some access roads and crossings to places of residence may be temporarily closed. This will impact the movement of people and livestock to and from either side of the laterals. To mitigate this impact, the contractor will open temporary crossings during construction. Such crossings should accommodate people, livestock, and in certain areas, vehicles. The PIU will monitor and ensure that the contractor adheres to this requirement to ensure that residents have easy access to their homes. 5.2.7 Impact on vulnerable persons The socio-economic survey identified 28 PAP households that could be classified as vulnerable based on advanced age, disability, widowhood, and low income. Due to their vulnerabilities with regards to physical abilities, social status, and income level, these groups tend to more affected than others by the project impacts. Restricted access to residential properties will affect the elderly and the physically impaired more, particularly if temporary accesses result in longer distances to their homes. Losses in land and assets for widows, particularly females, can be without compensation due to restrictions and recognition as rightful owners eligible for compensation. Low-income earners are more susceptible to feeling the effects of losses in land and assets irrespective of magnitude of the loss. Specific assistance in the form of a vulnerability allowance will be provided by the project for PAPs that are classified as vulnerable. 5.2.8 Impact avoidance and minimization measures For the distribution network, the impact avoidance was considered at the design stage. To this end the design layout for the laterals follows the road reserves for 54 | P a g e the access roads within the project areas. This has allowed for the avoidance of major structures like houses and shops which would have been otherwise affected. For the kiosks placement, all practical means were made to position them on virgin land or fallow fields. Of the 15 kiosks positions, 3 are on virgin land with no allocated landholder, with the rest positioned on fallow land. 55 | P a g e CHAPTER SIX: ELIGIBILITY AND ENTITLEMENT 6.1 Definition of PAPs affected by Package 3 For purposes of conducting the asset survey and socio-economic survey, there was the need to first identify persons who would likely be affected by the implementation of the project. Using the household as a unit of identification, 47 project affected persons (PAPs) on SNL, as represented by the head of the household, were identified. By definition, PAPs in the context of Package 3 constitute all the households where the water supply distribution network pipelines will traverse their individual landholdings. The eligibility and entitlement criteria as defined in ESS5 of the World Bank’s Environmental and Social Framework, and the Resettlement Policy Framework for the project were also adopted for purposes of identifying and defining the PAPs for Package 3. 6.2 Eligibility criteria As defined in the RPF, persons eligible for compensation are those that: a) have formal legal rights to land or assets (i.e., Title Deed, Crown grant, and Lease); b) do not have formal legal rights to land or assets but have a claim to land or assets that is recognized or recognizable under national law - such claims could be derived from outright possession or from customary or traditional tenure arrangements (i.e., kukhonta through the Royal Kraal Chief in the Eswatini context); and c) have no recognizable legal right or claim to the land or assets they occupy or use (i.e., farm dwellers and squatters, vulnerable people (squatters or petty traders, including persons using or occupying existing right of way for existing infrastructure). The identification of PAPs for Package 3 of the project was informed by this eligibility criteria. Table 23 shows the type of losses resultant from Package 3, and the number of PAPs for each of the eligibility categories. 56 | P a g e Table 23: Package 3 related losses and number of PAPs under each of the 3 eligibility criteria Eligibility criteria Package 3 associated losses Number of affected PAPs Have formal legal rights to land - Loss of land 10 or assets (i.e. Title Deed, Crown grant, and Lease); - Loss of non-fruit trees 1 Do not have formal legal rights - Loss of annual crop 39 to land or assets but have a farming claim to land or assets that is - Fencing 27 recognized or recognizable - Kraals 4 under national law - Toilet 1 - Fruit trees 7 - Non-fruit trees 9 Have no recognizable legal right - Fencing 1 or claim to the land or assets they occupy or use - Loss of non-fruit trees 1 - Loss of cultivated land 1 6.3 Vulnerable groups For Package 3, vulnerable groups within the PAP population consist of the elderly, disabled, widowed, and low-income earners. In the context of Package 3 impacts, these groups are not likely to be extensively affected, particularly considering that there is no relocation of homesteads. The identified Package 3 impacts may however exacerbate some of the hardships they experience daily. For instance, losses in land and trees are likely to be extensively felt by low-income earners whose livelihoods are largely based on these resources. Issues of security may be compromised with the temporary removal of fences, with the elderly and widowed likely to be more vulnerable to any acts of crime. 6.4 Entitlements In terms of entitlement, the criteria as outlined in RPF was used as a reference in this RAP for purposes of identifying PAPs and their entitlements. The following elements were therefore considered in terms of entitlements that will have to be compensated for: (a) For compensation for the loss of arable land (fields and gardens): the landholder and those with usufruct rights; (b) For privately held assets and resources: the owner(s). (c) For loss of employment: the individual directly affected; 57 | P a g e (d) For livelihood restoration assistance: the individual directly affected; (e) For loss of communal assets (pastureland, medicinal plants, thatching grass, trees, river sand, etc.) and impeded/constrained access: the affected community through the chief; (f) For affected gravesites: the affected household/family; and (g) For impacts on vulnerable individuals/groups. In the context of Package 3 PAPs, entitlements related to loss of employment, loss of communal assets, and affected gravesites are not applicable because none of these are likely to be affected by the pipelines of the water supply distribution network. Table 24 is the entitlement matrix which provides details on what entitlements are related to each type of loss in the context of Package 3 impacts. Table 24: Package 3 entitlement matrix Type of Eligible person Entitlements for Compensation loss/impact compensation requirements Loss of land Household No compensation for Landholder to be given head or land lost. adequate time to harvest institution with any standing crop and fruit landholding Cash compensation for prior to acquisition. rights through annual crop losses on kukhonta or lost land. Establish compensation inheritance rates for crops/ha and for unit cost for each tree type before compensation roll- out. Household No compensation for Landholder to be given head with no land lost. adequate time to harvest recognizable any standing crop and fruit legal right or Cash compensation for prior to acquisition. claim to the annual crop losses on land or assets lost land. Establish compensation they occupy or rates for crops/ha and for use unit cost for each tree type before compensation roll- out. Households or Cash compensation at Value of compensation shall institutions with full replacement value. not deduct any taxes, formal legal registration costs and rights to land transfer costs. (i.e. Title Deed). 58 | P a g e Type of Eligible person Entitlements for Compensation loss/impact compensation requirements Any transfer costs the responsibility of the Project. Loss of assets Owners of Asset replacement or Replacement cost to be structures to be cash compensation for determined on the basis of affected by asset at full current market value for project, replacement cost. materials. including the one toilet structure, kraals and fencing. Loss of trees Owners Cash compensation for Establish compensation loss of production for rates for unit cost for each trees according to tree tree type before type based on compensation roll-out. government valuations for the different trees, Supply of tree saplings to be including timber the responsibility of the species. project. Provision of two (2) saplings per tree to be lost for fruit trees. Impeded access Business owner Opening of temporary Temporary access routes to business access routes. and rehabilitation of (spaza and shop) impeded accesses to be Rehabilitation of done by the contractor that impeded accesses will be awarded the Package 3 works. Once-off cash compensation for loss Value of cash compensation of income. to be negotiated with business owners based on Cash compensation for number of days in which number of days of access by customers to business loss. their business will be impeded. Impacts on Affected Vulnerability allowance Use a flat rate for all households with households households with people vulnerable classified as vulnerable. persons (elderly, 59 | P a g e Type of Eligible person Entitlements for Compensation loss/impact compensation requirements disabled, widowed, and low-income earners) Annex 5 shows an inventory of assets lost and the entitlements due to each PAP. 6.5 Cut-off date for eligibility The cut-off date for eligibility under Package 3 was set at 31 May 2024. As stated in the RPF the project implementation unit shall ensure that the cut-off date is well published and communicated in an accessible format to all potential PAPs, as well as to the broader community that lives in the sphere of project impact. The purpose of the cut-off date is to guard against opportunistic encroachments into the laterals and kiosks servitudes in anticipation of compensation. Structures erected on the project site after the cut-off date will not be eligible for compensation or resettlement assistance for their owners. 60 | P a g e CHAPTER SEVEN: VALUATION METHODS 7.1 Valuation methodology The valuation methodology for this RAP has been informed by the nature of Package 3 impacts as identified in Chapter 4 of the RAP. The design layout for the distribution network is such that there in minimal disturbance at the household level with regards to loss of land for production and major household structures like houses. To this extent, no physical displacement of a single homestead is anticipated to make way for Package 3 implementation. Identified asset losses in this regard are restricted to fencing, trees, kraals, and a toilet structure. In terms of valuation methodology therefore, the basis for purposes of this RAP is the full replacement cost for assets and structures. This is in line with the project’s RPF and the provisions of ESS5 of the World Bank’s ESF. 7.2 Approaches to valuation of various assets 7.2.1 Land valuation reports With Package 3 of the project resulting in the acquisition of privately owned land, the value of the land to be acquired had to be determined. For these purposes land valuation reports, as used for the Packages 1 & 2 RAP, were adopted for Package 3. These reports were accessed from the Land Valuation Department within the Ministry of Natural Resources and Energy (MNRE). Land valuation for Package 3 was largely informed by the valuations done and adopted for Package 1&2. 7.2.2 Ministry of Agriculture gross margins The gross margins from the Ministry of Agriculture were used to calculate the value of standing crops for those PAPs whose land to be acquired is under cultivation, including fallow fields. A total of 39 PAPs could be classified under this category. With maize being the main crop that is grown in the fields, gross margins for maize were thus considered for purposes of valuation under Package 3. For trees, the compensation rates as currently used for the EWSSAP Package 1 and 2 RAP were applied in Package 3. 7.2.3 Quotations for physical structures For the fence types that will be affected by the project, quotations from suppliers were sought to get rates per running meter. The rates from the Package 1&2 RAP were adopted for determining replacement costs for the different type of fences and the affected toilet. For kraals, the Package 1&2 RAP rate for informal business replacement was adopted. 61 | P a g e 7.2.4 Estimation of income losses by PAPs Two informal businesses were identified as likely to be affected through access impediment, which will result in income losses. In alignment with the Package 1&2 RAP, a daily business disruption allowance will be adopted for the Package 3 income loss estimates. 7.3 Valuation rates for various assets 7.3.1 Rates for annual crops The Package 1&2 RAP rates as determined and currently utilized in compensating PAPs for annual crops were based on maize, beans, and sweet potato. In determining these rates consideration was made for the following: - Productive potential of the maize fields that will be affected - Cost for preparation of the land to its productive potential For Package 3 most of the land portions to be acquired are currently fallow fields, with the few that are under cultivation having maize as the crop being grown. The rates for maize as determined in Package 1&2 RAP were therefore adopted for Package 3. These rates stand at E15,600.00/ha for grain maize, and E3.00/cob for green maize. 7.3.2 Compensation rates for trees A total of 9 tree types were identified as likely to be affected during the construction phase for Package 3, and these consist of 4 fruit trees and 5 non-fruit trees. The fruit trees are banana, avocado, orange, and mango. The non-fruit trees are pine, wattle, umsinsi (common coral tree), and duranta erecta. The compensation rates for trees as currently used in the project were adopted for this RAP. Table 25 shows the rates for the 9 tree types to be affected under Package 3. Table 25: Compensation rates for affected trees Tree type EWSSAP Rate (E) Bananas 180.00 Avocados 12,000.00 Oranges 4,168.80 Mangos 5,500.00 Pine 4,200.00 Wattle 1,840.00 Duranta erecta 700.00 Umsinsi (common coral tree) 3,800.00 Eucalyptus 420.00 62 | P a g e 7.3.3 Cost for rehabilitation of impeded access The contractor that will be awarded to carry out the civil works will be responsible for the rehabilitation of impeded accesses, including the costs thereof. 7.3.4 Compensation allowances for informal business disruptions Two informal businesses are likely to be disrupted in terms of access during the construction stage of the project. Because there are no revenue records for these businesses, compensation for informal business disruptions will be calculated based on the number of days of lost business. Provision is made by the PIU for the Contractor to compensate based on the number of days of business loss as per their program of works. The daily business disruption allowance is determined for Package 1&2 was placed at E2 000.00, and this figure will form the basis for compensation by the contractor. The project will also pay out E5 000.00 to each business as a once-off compensation payment for income loss. 7.3.5 Replacement of physical structures Physical structures that will be directly affected by the project are fencing (different types), four kraals, and an outside toilet structure. Provision will be made by the PIU for the cost for replacing all the affected fence types to be borne by the contractor that will be awarded the works. For the kraals, the full replacement cost will be paid by the project based on rate for informal business replacement as proposed in Package 1&2 RAP. The toilet structure will be replaced by the project through the civil works contract. Table 26 shows the compensation rates for the replacement of the physical structures to be affected by the project. Table 26: Compensation rates for affected structures Affected structure: Fences Type Package 1&2 E/meter Recommended E/m Barbed wire 46 46 Diamond mesh (1.8m) 60 60 Veldspan (1.8m) 100 100 Wall fence 985 985 Wooden - 46 (use barbed wire rate) Affected structure: Kraals Type Package 1&2 for Recommended rate/sqm informal business (E) rate/m2 Wooden kraal 495.63 495.63 Affected structure: Toilet Type Package 1&2 rate/sqm Package 3 rate (E) (E) VIP toilet 4,510.00 4,510.00 63 | P a g e 7.3.6 Compensations for land losses on TDL According to the Package 1&2 RAP land on TDL is compensated at E26,000.00/ha. For alignment purposes, this is the rate that is adopted for the Package 3 RAP. 7.3.7 Vulnerability support The 2023 EWSSAP Package 1&2 RAP for vulnerability allowance was set at once- off rate of E3000.00. This allowance is recommended for Package 3 PAP households with vulnerable people as well, and for it to be revised up to E3,500.00 to cater for inflationary price increases. 64 | P a g e CHAPTER EIGHT: COMPENSATION AND RESETTLEMENT ASSISTANCE This chapter addresses the compensation packages that will be provided to the PAPs. The total compensation package for Package 3 PAPs is E538,699.19. Table 27 shows the compensation amount attributable to each type of loss. Table 27: Total compensation to Package 3 PAPs for anticipated losses Type of loss Total compensation to entitled PAPs (E) Land 46,800.00 Structures 28,082.39 Trees and crops 355,816.80 Business disruptions 10,000.00 Vulnerability allowance 98,000.00 Total 538,699.19 8.1 Affected land compensation Compensation for land will be for the affected private farms. A total of 1.8 ha will be acquired by Package 3 from private farms. At E26,000.00/ha, the total cash compensation to be paid out to the farm owners is E46,800.00. 8.2 Affected structures compensation All fencing that will be removed to make way for construction will be fully replaced by the contractor. Four kraals will be affected by the project, and they cover a total area of 54.66m2. At the rate of E495.63/m2, the total compensation for the affected kraals that will be paid out as cash is E28,082.39. The project will replace the one toilet that is likely to be affected through the civil works contractor. 8.3 Trees and crops compensation A total of 112 standing trees were identified as likely to be affected by the project as they are within the servitudes of the laterals as reflected in the design layout. Of the 112 trees 17 are fruit trees, a majority (10) of which are banana trees. The other 95 are non-fruit trees and they mainly consist of pine trees (56) which are used as wind breakers along the boundary fence for most of the affected households. Using the recommended compensation rates for the different trees, the total cash compensation to be paid out to entitled PAPs by the project for all affected trees under Package 3 is E342,868.80. Table 28 shows the tree compensation details for Package 3. 65 | P a g e Table 28: Expected compensation pay-outs for trees Total Tree type Rate (E) Number of trees compensation (E) Bananas 180.00 10 1,800.00 Avocados 12,000.00 5 60,000.00 Oranges 4,168.80 1 4,168.80 Mangoes 5,500.00 1 5,500.00 Pine 4,200.00 56 235,200.00 Wattle 1,840.00 9 16,560.00 Duranta erecta 700.00 1 700.00 Umsinsi 3,800.00 2 7,600.00 Eucalyptus 420 27 11,340.00 Total 342,868.80 A total of 39 land parcels belonging to different PAPs were identified as crop fields. In total these land parcels measure 0.83 ha. Based on the rate of 15,600.00/ha for maize compensation, the total cash pay-out to entitled PAPs will be E12,948.00. This brings the total compensation cost for trees and crops to E355,816.80. 8.4 Business disruptions compensations The 2 informal businesses that will be disrupted will be paid a lump sum of E5000.00 each. Over and above the lump sum a minimum daily disruption allowance of E2000.00 will be paid by the contractor for each day that access to the businesses is impeded. 8.5 Vulnerability allowance A total of 28 households were identified as having at least 1 member who can be classified as vulnerable, either due to advanced age, physical disability, widowhood, or low income. With the vulnerable persons support grant placed at E3 500.00, the total for vulnerability allowances for Package 3 PAPs is E98,000.00. 66 | P a g e CHAPTER NINE: PUBLIC PARTICIPATION AND STAKEHOLDER CONSULTATION 9.1 Introduction One of the key determinants for successful implementation of a project is the extent to which key stakeholders have participated in the planning and implementation processes. For the EWSSAP, a stakeholder analysis and engagement process were conducted, and a stakeholder engagement plan for the project was produced in September 2021. Prepared in line with the requirements of ESS 10 of the World Bank ESF, the SEP identified project affected parties and other interested parties as stakeholders to be considered in the engagement and participation process. The Package 1&2 RAP also identified affected parties and interested parties in as far as resettlement activities for the project are concerned. This chapter highlights additional consultations that were done in as far as Package 3 affected and interested parties are concerned during the preparation of the RAP. 9.2 Objectives of the consultations Six (6) objectives for the stakeholder consultations are: • Inform PAPs about their rights and choices; • Disseminate information about the EWSSAP, particularly civil works activities, to PAPs and other stakeholders; • Notify project affected persons and communities about the project set up and development objectives; • Establish and maintain a two-way process of dialogue and understanding between the project and its stakeholders; • Obtain the input of the PAPs in the RAP preparation process and to seek feedback on how to ensure their active participation in the preparation and implementation process to create ownership; and • Elicit broader inputs and suggestions that will ensure project sustainability and success in the long term The Package 3 consultations were meant to introduce and describe the works and elements to be involved in Package 3. Most importantly, the consultations sought to ascertain concerns, fears, expectations, and general comments from the affected communities in relation the Project in as far a land and property acquisition is concerned. 67 | P a g e 9.3 Consultation methods Two methods were used for purposes of the stakeholder engagements. These are Group Consultations and One-on-One Consultations. 9.3.1 Group consultations Group consultations were used to get general views on the project and the land acquisition implications. These consultations were also important with regards to allaying fears and misinformation regarding the land acquisition and compensation processes to be followed by the project. They also proved useful in guiding the development of the procedure for the delivery of entitlements, with the role of the traditional authorities in particular defined for these purposes, and concerns and expectations from PAPs noted. Group consultations were used for engagements with traditional authorities at the Inkhundla level, chiefdom inner councils, Inkhundla councils, PAP group engagements, as well as the leadership for one of the affected churches on TDL. Figures 22 and 23 show group consultations done with the inner councils from Ngwenyameni and Zombodze Emuva, respectively. Figures 24 and 25 show consultations with Shiselweni 1 Inkhundla Council and Hosea PAPs, respectively. Figure 26 shows consultations with African Congregational Church leadership. Figure 22: Consultative meeting with Ngwenyameni inner council 68 | P a g e Figure 23: Consultative meeting with Zombodze Emuva inner council Figure 24: Consultative meeting with Shiselweni 1 Inkhundla council Figure 25: Consultative meeting with Hosea PAPs 69 | P a g e Figure 26: Consultative meeting with African Congregational Church leadership 9.3.2 One-on-One consultations One-on-one consultations were used for engagement with individual PAPs at household level. This method allowed PAPs to gain a clear understanding of the magnitude of the land acquisition impacts in their respective homes. It also allowed them to freely provide information on the socio-economic and demographic circumstances in their individual households. One-on-one consultations were done with the 47 households heads who were identified as PAPs. 9.4 Level of stakeholder engagements Stakeholder consultations for the Package 1&2 RAP were done at three levels. It was first done with the affected parties (the PAPs and affected communities), secondly, it was done with other interested parties, and lastly, with vulnerable groups. For purposes of Package 3, stakeholder consultations were limited to the affected parties. The rationale for these limited consultations for Package 3 was that the wider communities and other interested parties, including vulnerable groups, had already been consulted during the Package 1&2 RAP consultations. This was as well applicable to the private farm owners. Of the 10 that were identified for Package 3, 7 were engaged during Package 1&2 RAP development and implementation and are aware of the project. For the remaining 3 farm owners only 1 was consulted for the Package 3 RAP because the other 2 could not be identified at the Deeds Office. 70 | P a g e 9.5 Purpose and outcome of stakeholder engagements held The consultations and engagements with the affected persons and traditional authorities from the different chiefdoms within the 3 Tinkhundla, largely yielded positive results. The RAP exercise was adequately presented to the traditional authorities and they indicated good understanding of what it sought to achieve. By presenting the findings and on the possible land acquisition from individual households within their chiefdoms, the authorities were largely put at ease to note that it would not be as extensive as to require alternative land. Some of them did express however that should there be a need for alternative land for PAPs, they would be willing to assist in soliciting replacement land. The PAPs understood and appreciated the magnitude of the impact the project is likely to have on their allocated land parcels in terms of acquisition and the assets likely to be affected. The PAPs were put at ease to know that the impacts would not be significantly extensive, and where losses were identified compensation measures would be put in place and made available to them. Table 29 presents the key outcomes from each of the consultative meetings held with the affected parties. 71 | P a g e Table 29: Stakeholder consultations and outcomes for Package 3 Stakeholder Date No. of Venue Purpose Outcome participants Zombodze 16/11/2023 16 Zombodze Introduction of Package 3 • RAP exercise Emuva Emuva RAP exercise and explained by PIU and traditional Inkhundla explanation of its purpose accepted by all the authorities Offices traditional authority representatives. Shiselweni 1 23/11/2023 22 Shiselweni 1 Introduction of Package 3 • RAP exercise explained traditional Inkhundla RAP exercise and by PIU and accepted by authorities Offices explanation of its purpose all the traditional authority representatives. • Commitment to support exercise whenever required. Hosea 23/11/2023 10 Hluthi Police Introduction of Package 3 • RAP exercise explained traditional Station RAP exercise and by PIU and accepted by authorities explanation of its purpose all the traditional authority representatives. • Commitment to support exercise whenever required. Individual PAPs 11/01/24 – 47 Individual Introduction of project, • Project explained to 02/02/24 homesteads asset survey, and socio- individual PAPs and economic data collection. 72 | P a g e Stakeholder Date No. of Venue Purpose Outcome participants how they are likely to be affected. • Socio-economic and demographic data collected per PAP. • Affected asset inventory per PAP. Zombodze 01/02/2024 12 Zombodze Present extent of land • Commitment by inner inner council Emuva acquisition and extent of council to make Inkhundla asset losses per PAP, replacement land Offices replacement options, and available if so role of the inner council. required. Concerns and challenges from the inner council were also sought. Ngwenyameni 05/02/2024 12 Ngwenyameni Present extent of land • Understanding by inner council Umphakatsi acquisition and extent of inner council on who asset losses per PAP, is eligible for replacement options, and compensation, and role of the inner council. commitment to assist Concerns and challenges project and PAPs from the inner council during the were also sought. compensation process when so required. 73 | P a g e Stakeholder Date No. of Venue Purpose Outcome participants Nsingizini inner 06/03/2024 6 Nsingizini Present extent of land • Understanding by council Umphakatsi acquisition and extent of inner council on who asset losses per PAP, is eligible for replacement options, and compensation, and role of the inner council. commitment to assist Concerns and challenges project and PAPs from the inner council during the were also sought. compensation process when so required. Zombodze 01/03/2024 5 Zombodze Present preliminary • Understanding by Emuva PAPs Emuva findings on affected PAPs on the extent Inkhundla assets, and gather and magnitude of the Offices concerns on likely impacts project impacts with of the project. The regards to the meeting also sought to acquisition of their discuss and manage land parcels, and the expectations with regards available to compensation options compensation options and levels. for assets that will be lost. Shiselweni 1 05/03/2024 9 Shiselweni 1 Present preliminary • Understanding by Inkhundla Inkhundla findings on affected inner council on who council Offices assets, and gather is eligible for concerns on likely impacts compensation, and 74 | P a g e Stakeholder Date No. of Venue Purpose Outcome participants of the project. The commitment to assist meeting also sought to project and PAPs discuss compensation during the options and approaches compensation process for PAPs. when so required. Shiselweni 1 05/03/2024 3 Shiselweni 1 Present preliminary • Understanding by PAPs Inkhundla findings on affected PAPs of the extent and Offices assets, and gather magnitude of the concerns on likely impacts project impacts with of the project. The regards to the meeting also sought to acquisition of their discuss and manage land parcels, and the expectations with regards available to compensation options compensation and levels options. Hosea PAPs 06/03/2024 20 Florence – Present preliminary • Understanding by Simelane findings on affected PAPs of the extent and Business assets, and gather magnitude of the Conference concerns on likely impacts project impacts with Room of the project. The regards to the meeting also sought to acquisition of their discuss and manage land parcels, and the expectations with regards available 75 | P a g e Stakeholder Date No. of Venue Purpose Outcome participants to compensation options compensation and levels. options. African 05/06/2024 5 African Engage church leadership • No objection from the Congregational Congregational on land to be acquired on church for the Church Church - Portion 5 of Farm 1229 acquisition of the Phophonyane which belongs to the earmarked land church. The purpose was portion on the farm, also to gather any and willingness by the concerns, expectations, or church to cooperate objections to the with EWSC where acquisition of the land by required for further the project. engagements. 76 | P a g e The first three meetings that were held at the Inkhundla level with the traditional authorities from all the affected chiefdoms were introductory meetings. They were arranged for purposes of introducing the Package 3 RAP preparation exercise as well as the team that would be leading the exercise. The summary notes for these three meetings and the accompanying registers are attached as Annex 6 of this report. Individual meeting notes for the other meetings are attached as Annex 7 of the report. 9.6 Summary of views expressed by stakeholders The views from the affected parties that were consulted for purposes of this RAP as key stakeholders are largely positive and these are summarized in the Table 30. Table 30: Summary views from stakeholders Stakeholder Summary views Community • In full support of the project leadership • Welcomed and appreciated the preparation of the RAP (chiefdom inner • Willing and available to assist in soliciting replacement land councils) when so required and to be part of dispute resolution processes. • Need to be adequately informed and to some extent involved as witnesses in the compensation processes. • Appreciate that impacts of the project in terms of livelihood disturbances, particularly in land losses would not be extensive. Project affected • Willingness to cooperate with the project. persons • Understanding that impacts of the project in terms of asset and property losses would not be extensive. • Relief that there would be no physical displacement of homesteads. • Willing to forego the small land parcels that will be taken by the project and would only appreciate some compensation from the project in this regard. • Timely information on likely start date for construction so they can harvest what would likely be affected in their fields. • PAPs should be considered for employment during construction. African • No objection to the acquisition of land portion on the church’s Congregational farm by the project. Church • Willingness to cooperate with EWSC in the implementation of leadership the project. 77 | P a g e • Expect continuous consultations from EWSC until all agreements that will be reached in relation to the acquired land are fulfilled. The views expressed by the community inner councils influenced the entitlements and compensation arrangements for this RAP. This includes the nature and level of involvement for the community leadership structures in the procedures for delivering entitlements to PAPs. 9.7 Public disclosure of the RAP Upon approval of the RAP by the Bank, it will be publicly disclosed on the EWSC and Bank websites and to all stakeholders, including the PAPs. The PIU will conduct meetings on RAP, through the Community Liaison Officers (CLOs) with all PAPs and community leadership structures. The RAP document will be made available in the EWSC Shiselweni Regional Office. 78 | P a g e CHAPTER TEN: IMPLEMENTATION SCHEDULE AND ARRANGEMENTS The implementation schedule and arrangements address the sequencing of Package 3 resettlement activities and aligning these to the civil works timelines. For the physical displacement of structures, the relocation of processes will be completed first before the start of the civil works. 10.1 Implementation timeline for Package 3 works The civil works for Package 3 are expected to last 15 months, between September 2024 and December 2025. Resettlement processes related to compensation agreements, disbursements, and replacement of affected structures will be completed within the first 2 months of the civil works. The distribution of fruit tree saplings may be carried out up to the third month of civil works commencement. The months of August and September are targeted for these purposes because they are just before the rainy season. Dispute redress and monitoring and evaluation will be done in parallel to the implementation of Package 3 works until completion. Figure 27 shows the sequencing of the resettlement activities for the duration of the project implementation period. No. Activity May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1 Setting and communicating cut-off date for eligibility 2 Workshop PAPs on compensation rates 4 Package 3 civil works 5 Preparation of compensation certificates/agreements 6 Compensation agreements sign-off 7 Replacement of affected structures (fences and toilet) 8 Compensation packages disbursements 9 Distribution of fruit tree saplings 10 Disputes redress 11 RAP implementation monitoring and reporting Figure 27: Rap implementation timelines 10.2 Procedure for delivery of entitlements The delivery of entitlements will entail engagement and agreements with PAPs, either as a group or individuals. All engagements should be recorded, and all agreements should be signed-off by both the PAP and EWSC representative. All this documentation should be properly filed, and both parties should have copies of all agreements reached. 79 | P a g e 10.2.1 Asset register sign-off by PAPs For Package 3, all the PAPs are on Swazi Nation Land. Therefore, the delivery of entitlements will involve the Umphakatsi to some extent, particularly because the entitlements are in relation to land acquisition. In terms of entitlements delivery procedure, there first must be an agreement on what assets are affected and their extent in terms of size or quantity. For purposes of this agreement, PAPs will have to be taken through the affected assets that were identified through the asset survey exercise as likely to be affected during project implementation. Once in agreement that these are adequately captured, PAPs will then sign the asset register form (Figure 28) as an acknowledgement of the agreement. In ensuring the involvement of the Umphakatsi, a representative as appointed by the inner council from each of the affected chiefdoms will also sign as a witness. A total of 51 forms will have to be signed to cover all the identified PAPs. The responsibility of facilitating the signing will be with the PIU. 80 | P a g e Homestead attributes Inkhundla Hosea Chiefdom Nsingizini Name of homestead head Komi Dlamini Homestead number 039 Contact Number 76025825 Coordinates -27.1916152 and 31.5689105 Date of data collection 29 – 01 – 2024 Residential buildings Building No. Area Notes (condition, building material, number of rooms 1 2 Other structures No. Structure Quantity Area Running Notes (condition) (Sqm) meter 1 Barbed wire with 71 Fence in good condition wooden poles Area to be taken is under the fencing 2 Fruit trees No. Tree name Quantity Notes (fruiting or non-fruiting) 1 Avocado 1 Fruiting 2 Non-fruit trees No. Tree name Quantity Notes (use) 1 Fields No. Area(Sqm) Notes (fallow or under cultivation) 1 74 Area not under cultivation Acknowledgement PAP household head name: Signature: Date: Umphakatsi rep: Signature: Date: Figure 28: Sample asset register form 10.2.2 Compensation agreements sign-off Once the entitlements have been fully signed-off by the PAP and the Umphakatsi representative, a compensation agreement will be prepared. This should be in the form of a compensation certificate, which will have details on the affected entitlements, the compensation rate per unit for all entitlements as workshopped to all PAPs, and the total cash compensation per entitlement due to the PAP. The 81 | P a g e total amount for all the entitlements will be reflected on the compensation certificate, including allowances. PAPs will be taken through the calculations on an individual basis with the total expected cash compensation value clearly shown on the certificate. Once in agreement, the PAP will sign the certificate. The administration of compensation payments shall be done in accordance with EWSC financial management and payment systems. Compensation payments shall be made into registered PAPs’ bank accounts which will be confirmed by their respective banks. All payments shall be sanctioned by the PIU after having satisfied themselves that all documentation is in place. Key documents which shall be attached to any request for payment to PAPs will include: • Fully signed compensation certificate • Signed agreements (where applicable) • Copy of PAP national identity card • Confirmation of banking details (letter from the bank) • Any other documentation as required for effecting payment within the EWSC financial management systems. All proofs of payment shall be forwarded to the PIU for filing in respective individual PAP files. 10.3 Resettlement implementation linkage to civil works The resettlement activities should be implemented such that they do not impede the construction programme. It is for this reason that the implementation schedule has placed all replacement activities for structures in the first 3 months of the entire duration of the civil works implementation. This is to allow the contractor to complete these activities as part of the construction preparatory works. Engagements with PAPs and cash-compensation pay-outs will be carried before the construction works. Similarly, grievance redress and RAP implementation monitoring will be implemented in parallel to the civil works. 82 | P a g e CHAPTER ELEVEN: COST AND BUDGET 11.1 Introduction The implementation of the Package 3 RAP requires adequate financial resourcing if it is to be effective and successful. Finances are required in the first instance for purposes of replacing all the affected assets PAPs either through replacement or cash compensation. The management, facilitation and supervision of the RAP implementation is another cost element that needs to be considered in the financial resourcing requirements. The determination as used in the Package 1&2 RAP placing the cost of implementation management at 5% of the total cash compensation value was adopted for purposes of the Package 3 RAP. The total budgeted cost for implementing the Package 3 RAP is E678,970.98. The budget breakdown is presented in Table 31. Table 31: Package 3 RAP implementation budget breakdown Cash compensation Cost element Budget (E) Land 46,800.00 Structures 28,082.39 Trees and crops 355,816.80 Business disruptions 10,000.00 Vulnerability support 98,000.00 Total 538,699.19 Implementation management Facilitation & supervision (5% of entitlements compensation cost) 27,109.96 Total 27,109.96 Sub-total 565,809.15 Contingencies (20%) 113,161.83 Grand Total 678,970.98 11.2 Financing plan As with the Package 1&2 RAP, financing for the Package 3 RAP will be through government funds as allocated to EWSC as counterpart financing to the overall funding of the Eswatini Water Supply and Sanitation Access Project. The PIU will request for release of the funds as part of the implementation process through regular administrative and fiduciary arrangements of the ESWC which have been agreed to in the project financing agreement. 83 | P a g e CHAPTER TWELVE: GRIEVANCE REDRESS MECHANISM The grievance redress mechanism for the Package 3 RAP as presented in this chapter is the one that is currently used for the Package 1&2 RAP implementation. 12.1 Objectives of the Grievance Redress Mechanism The Grievance Redress Mechanism (GRM) describes the process for receiving, evaluating and addressing concerns and complaints by communities or individuals who will be directly affected by or are likely to be affected by the activities of EWSSAP, particularly Package 3. It is an important tool for the implementation of the project to ensure that all grievances and complaints from PAPs are recorded and resolved effectively and efficiently. The GRM describes the steps that need to be followed in resolving grievances, including: • The methods for registering grievances • The roles of the different Grievance Redress Committees (GRCs) that will be responsible for receiving and resolving grievances • Timeframes within which grievances are to be attended • The levels of appeal if PAPs are not satisfied with the verdict reached at any of the stages for the resolution of a grievance. 12.2 Likely grievances related to RAP implementation The types of grievances that are likely to be registered related to the RAP include, but not limited to, disagreements on the following: • The types and number of assets affected by the project. • The nature and extent of impacts of the project on assets that are communally owned. • Value placed on properties being affected. • The duration of impacts of project activities on accesses, resulting in prolonged restrictions on access to community assets, private homesteads, businesses, etc. • The time taken to institute rehabilitation measures and the quality of rehabilitation works. • The way compensations and resettlements are carried out. • Legitimacy of claim for ownership of affected assets. • Eligibility for compensation 12.3 GRM processes The mechanisms for addressing grievances related to the implementation of the RAP will follow the same processes that will be used for resolving any other 84 | P a g e disputes related to the activities for the construction of the project. The main steps for the GRM process are: • Receipt and acknowledgement of grievance • Screening of grievance; resulting in either acceptance or rejection • Processing of complaint • Resolving of grievance • Closure of grievance • Handling of grievance records and documentation. 12.4 Hierarchy for resolution of grievances The RPF describes the structure of GRM. This structure provides the levels at which grievances may be resolved. The hierarchy becomes applicable in the event the first point for redress, that is, project staff (Project Engineer) and the aggrieved person, cannot find a resolution to a dispute. Grievance Redress Committee Levels Community Level GRCs Role1: At this level, grievances from Swazi Nation Land (SNL) are resolved using existing traditional and cultural grievance redress mechanisms with the involvement of the PIU Social Specialist, and supervising consultant (s). Role2: At this level, grievances from Title Deed Land (TDL) shall be referred to the Nhlangano Town Council to seek resolution of them through Town Council existing structures, with PIU involvement used to resolve grievances on TDL Key Personnel (SNL): the GRC on SNL is located at the Chiefdom level and consists of the Inner Council, Chief’s Runner, Community Police, Female Representative, and Community Liaison Officer, and PIU Social Specialist. Key Personnel (TDL): the GRC on TDL will take responsibility for resolution of lodged grievances internally through the council existing structures and consists of the Ward Councilor, Ward Committees, and the PIU Social Specialist. Project Level GRM Role: Resolve grievances that cannot be resolved at the community level (the PIU Social Specialist refers cases not resolved at first instance to this committee within 24 hours). This committee should reach a decision within 5 days of the date the complaint is received. 85 | P a g e Members: Project Manager, Project Coordinator, Senior Social Specialist, Social Specialist, Environmental Specialist, Compliance Legal Officer, and Land Acquisition Officer. When necessary, EWSC Directors will be involved in the decision making for specific complaint (s). This includes for instance, EWSC Chief Operations Officer, Director of Business Enablement and Corporate Affairs, Strategy and Digitization Director, Internal Audit Manager, and Government Certified Property Valuer. Regional Level Role: Resolve grievances that have not been resolved at project level. This level serves as the last GRM committee level. Members: Regional Secretary (Chairperson), Representatives from the Ministry of Natural Resources and Energy, the Ministry of Finance, the Ministry of Housing, Nhlangano Town Council CEO, EWSC Regional Manager, Project Coordinator, Environmental Specialist, Senior Social Specialist and Social Specialist. National Judiciary System If the complainant is unsatisfied with the resolution at any of the levels outlined approve, they may approach the National Judiciary System to solve unresolved case(s). The timeframe is determined by the courts. Decisions taken here shall be deemed final for all cases of the project. World Bank Grievance Redress Service (GRS) Communities and individuals who believe that they are adversely affected by the Project can submit complaints to the World Bank’s Grievance Redress Service (GRS). Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and World Bank Management has been given an opportunity to respond. 12.5 Registration of grievance At all the different levels for grievance redress, the registration of a grievance shall be through a Complaints Register, which is a form that has already been developed as part of the SEP. The Complaints Register provides a formal way in which grievances can be registered. The CLOs shall be responsible for ensuring that all grievances are registered formally. PAPs shall also have the option to report cases through the 24-hour Call Centre for EWSC. The forms for the registration of grievances shall be placed at the Inkhundla offices and Umphakatsi 86 | P a g e level for easy access by all. PAPs will be given the option to record their grievances anonymously, in which case they would submit the grievance directly to the PIU. 12.6 Linkage between grievance redress and project implementation The grievance redress processes can be concurrent with the civil works. Once cases reach the national court system, the implementation of the project on the affected areas shall continue and will not await the final decision of the courts to resolve matters. All changes that will be deemed necessary as per the court’s decisions shall be implemented accordingly, as and when the instructions are issued. 12.7 GRM Disclosure It will be important for all PAPs, as well as the community at large, to be aware that there is a GRM in place which they can use for registering grievances and having them resolved in a transparent manner. For this to happen, stakeholder engagement shall include disclosure of the GRM that has been developed for the project. The contents of the GRM shall be explained clearly to all community members, including the Chiefdom leadership. The different processes and stages that are involved in the GRM will have to be explained to all stakeholders, regardless of whether or not they intend to register a grievance. The forms for Grievance Register shall be placed at the Tinkhundla offices and Umphakatsi for easy access. This aspect of the GRM disclosure shall be the responsibility of the CLOs. 12.8 Responsibilities of key experts in the GRM The responsibility for the implementation of the different aspects of the GRM will lie among key project personnel. Table 32 describes the key responsibilities for each personnel. Table 32: Responsibilities for key personnel in GRM Project personnel Responsibilities CLOs • Receive complaints from PAPs • Record complaint within 24hrs after receipt using the standard for registering complaints. • Report case to PIU within 24 hours of receipt. • Keep complainant updated on the processes involved in grievance resolution, including scheduled dates for hearings. • Use local knowledge to give needed advice to the relevant GRM Committees. 87 | P a g e Project personnel Responsibilities • Keep cases records up to date Senior Social • Receive cases from CLOs Specialist • Refer cases to relevant GRM Committees within stipulated time periods. • Give expert advice to GRM Committees where needed. • Keep an up-to-date inventory of all grievances lodged and the outcome of each case. • Communicate to CLOs any important information which needs the attention of PAPs, the Traditional Authorities and the contractor. • Update and brief the Project Engineer on the stages for all grievances. Project Engineer • Ensure all cases are resolved timeously, without affecting scheduled timelines for the project implementation. Public Affairs and Customer Experience Manager. • Participate in relevant GRM Committee � Ensure all cases are resolved. • Ensure active feedback communication of cases. 88 | P a g e CHAPTER THIRTEEN: MONITORING AND EVALUATION 13.1 Overview Monitoring and Evaluation (M&E) is required to ensure that in implementing the Project RAP the PIU meets relevant national and World Bank standards and guidelines. M&E will also track progress against schedule and budget. The overall objective of the M&E element is to monitor, assess and report on the effectiveness of the RAP implementation particularly in terms of stakeholder consultation and participation, entitlement delivery, compensation pay-outs, and the sustainability of livelihood restoration efforts. M&E will thus form an integral part of the RAP implementation, providing the necessary information about the land acquisition aspects of the Project, measuring the extent to which the goals of the RAP have been achieved. The evaluation element of the M&E framework will assess resettlement efficiency, effectiveness, impact, and sustainability. Lessons from the evaluation results can be drawn to guide future resettlement planning at the organizational level within EWSC, and at the national level for other resettlement programmes in the country. The basic components of an M&E framework are: • Internal Monitoring • RAP completion audit. 13.2 Internal Monitoring Internal monitoring of land acquisition activities as outlined in the RAP and the compensation of losses therein, as well as stakeholder consultations and grievance redress actions will be the responsibility of the PIU, particularly the Senior Social Specialist. Internal monitoring will be conducted for purposes of: • Verifying and validating the asset inventories for PAPs as determined during the asset survey exercise. • Overseeing the delivery of entitlements ensuring that they are delivered in accordance to the provisions of the entitlement framework as captured in this Package 3 RAP. • Monitor RAP implementation budget ensuring that adequate funds are particularly available for cash compensations and RAP implementation activities. • Monitor the extent to which stakeholder concerns and decisions taken in consultation fora are adequately addressed and implemented as intended by those responsible. • Examine adherence to the grievance redress processes and the overall effectiveness of the grievance redress mechanism in resolving disputes, particularly in as far as PAPs are concerned. 89 | P a g e The M&E matrix as reflected in Table 33 shows the key issues to be monitored during the implementation of the RAP. It outlines the indicators to be monitored and measured for purposes of determining if the implementation of the RAP is effective. Table 33: Package 3 RAP M&E matrix Issues for Indicators to be monitored monitoring Asset verification • % discrepancies from asset survey data • % of PAPs that have signed their asset/entitlement registers. Delivery of • % PAPs that have received their entitlements as recorded in entitlements their entitlement registers. • % PAPs with grievances on entitlement delivery. RAP • Level of over or under expenditure against the budget. implementation budget Stakeholder • Number of concerns raised and decisions made. concerns • % of concerns addressed to satisfaction of stakeholders. • % stakeholder fora decisions implemented. Grievance redress • Proportion of grievances closed against those that are open. 13.3 Completion audit The completion audit constitutes the evaluation of the M&E framework. As noted in the Package 1&2 RAP, the objectives of the audit shall include the following: • General assessment of the compliance of the RAP implementation with general objectives and methods as set out in this document. • Assessment of the compliance of the implementation of the RAP with laws of Eswatini and World Bank environmental and social standards, particularly ESS 5. • Assessment of the consultation procedures that took place at community level, together with the involvement of the relevant local community institutional structures and the Project Team. • Assessment of fair, adequate and prompt compensation as they have been implemented. • Evaluation of the impact of the compensation on income and standard of living for PAPs. 90 | P a g e CHAPTER FOURTEEN: ARRANGEMENTS FOR ADAPTIVE MANAGEMENT 14.1 Introduction The Package 3 RAP has been prepared based on information from project reports, including the design layout in particular. The identification of PAPs, and the assets to be affected, was on the basis of the land likely to be acquired as reflected on the design layout. All implementation arrangements as outlined in the Package 3 RAP have been informed by the circumstances as determined during its preparation. There is, however, cognizance that these circumstances may change during implementation, and provisions for adaptability to changing circumstances within the RAP become important. These changing circumstances may be internal (project-related) or external (economic and socio-political environment). The project has for instance already implemented an adaptive measure to changing circumstances, wherein Package 3 was reduced in scope from 80 km of laterals to about 30 km due to high cost of implementation and shortage of enough funding. 14.2 Objectives of adaptive management approach The adaptive management approach is included in the RAP for purposes of highlighting measures that should be considered in ensuring that implementation is adaptive to unexpected changes in project circumstances as well as the economic and socio-political environments within which the project and the RAP therein are being implemented. The adaptive management approach seeks to ensure that these changes do not significantly prevent the achievement of the RAP objectives and its expected outcomes. 14.3 Measures for adapting the RAP implementation 14.3.1 Contingency allocation in the budget The budget as outlined in Chapter 11 has included funds for contingencies. For the Package 1&2 RAP this was set at 20%. For the Package 3 RAP, it is proposed that this is set at 15%. This is deemed sufficient to cover any cost variations in as far as the implementation of this RAP is concerned. The nature and extent of the losses, as well as the approach proposed with regards to replacing some of the physical assets, is not expected to result in major variations in terms of cost. The cost of fencing for instance, which is the most significant of all the identified losses, will be covered by the contractor to be awarded for the civil works. The contingency allocation would have been made higher if there was going to be some physical displacement of homesteads because that would come with some 91 | P a g e level of complexity, thereby increasing the chances of missing out on certain elements in terms of the RAP implementation costs. 14.3.2 Effective grievance redress mechanism The success of a RAP implementation programme in terms of achieving its objectives and expected outcomes, is, amongst other factors, dependant on the extent to which the affected persons are satisfied with the replacement of their entitlements. This is one of the most fluid elements with regards to project circumstances, and one to which adaptive management is important. It is in this context that the project GRM can on its own serve as an adaptive management measure in RAP implementation. The level of PAP satisfaction can only be determined during implementation wherein they either accept the manner in which they are compensated for their losses and entitlements or register grievances and complaints in this regard. It through the GRM therefore that some of these grievances are pre-determined and measures to address them put in place. The GRM also seeks to put systems in place to address even some of the unanticipated circumstances that may arise during implementation by establishing a process that will be followed until a satisfactory response is provided to those affected and aggrieved. 14.3.3 Early warning system An early warning system is an important measure because it will allow the project to identify changes in circumstances and the RAP implementation implications thereof. For purposes of Package 3 greater effort and diligence should be made with regards to carrying out the monitoring activities as outline in the monitoring and evaluation matrix in Chapter 13. If done effectively, monitoring will allow the project to spot changes in project circumstances and the likely resultant implementation problems while there is still time and resources to mitigate and circumvent them. The monitoring as outlined in Chapter 13 therefore provides the project with an ideal early warning system for the Package 3 RAP implementation. 92 | P a g e ANNEXURES Annex 1: Field observation guide Inkhundla Chiefdom Date of observation Name of observer Socio-economic/infrastructure Check if Nature and magnitude of feature observed impact Fields Settlements Business structures Graves/cemeteries Grazing land Schools Clinics Churches Access roads Sport ground Power lines Telecom lines Other (specify) Other observation notes: …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… …………………………………………………………………. 93 | P a g e 94 | P a g e Annex 2: Asset survey form Homestead attributes Inkhundla Chiefdom Name of homestead head Homestead number Contact number Homestead location (co-ordinates) Date of data collection Residential buildings Building No. Area Notes (condition, building material, number of rooms 1 2 3 Other structures No. Structure Quantity Area Running Notes (condition) meter 1 2 3 Fruit trees No. Tree name Quantit Notes (fruiting or non-fruiting) y 1 2 3 Non-fruit trees No. Tree name Quantit Notes (use) y 1 2 3 Fields No. Area Notes (fallow or under cultivation. If fallow state number of years since last cultivated) 1 2 3 95 | P a g e Annex 3: Socio-economic Survey Questionnaire Inkhundla Chiefdom Community Name of Interviewer Date of Interview Part I: Demographic Characteristics Please complete with assistance of the enumerator this part as honestly as you possibly can. 1. Name household head: ……………………………………………………… 2. Age: ………………………………………………………. 3. Gender: 1 Female Male 2 4. Marital Status Single 1 Cohabitating 2 Married 3 Widow 4 Separated 5 Divorced 6 5. No. of dependents ………………………………………………. 6. No of disabled household members ……………………………………………….. Male Age Female Age 96 | P a g e 7. Level of education (highest reached) No education 1 Adult literacy/Sebenta 2 Primary School 3 Secondary 4 High School 5 Skill Training (e.g. MITC, NASTC) 6 Tertiary 7 Part II: Livelihood Sources 8. What is your source of livelihood? Handicraft 1 Hawking 2 Formal, fulltime 3 employment Part-time employment/ 4 piece jobs Farming 5 Other Specify……………………………………………………………………………… 9. Income sources Please state estimated income generated through the following in the past 12 months Category Estimated income (E) i Crop and vegetable farming ii Livestock sales iii Agricultural labour iv Other labour (non-agricultural) v Self-employment vi Formal employment vii Remittances Other viii Specify………………………………………………… 97 | P a g e 10. Movable assets Please provide information on all movable assets that belong to your household Quantit Estimated value Use Movable asset y (E) (domestic/business) i Tractor ii Car iii Truck iv Lorry Farm implements List……………………………… …………………………………… v …………………………………… …………………………………… …………………………………… ……………… Other vi Specify…………………… Part III: Landholding and land-use 11. What is the size of your land Less than a ha 1 1ha 2 More than a ha 3 12. How did you get the land? Kukhonta 1 Family plot 2 Inherited 3 Loaned 4 Other 5 Specify……………………………………………………………………………… 13. What use is the land currently under? Crop farming 1 Animal grazing 2 98 | P a g e Idle 3 Other 4 Specify……………………………………………………………………………… 14. What form of agricultural technologies do you practice? Conservation Agriculture 1 Use of fertilizer 2 Use of kraal manure 3 Tree plantation 5 Crop rotation 6 Mulching 7 None 8 Other 9 Part IV: Access to water and sanitation 15. What is the source of your potable water? River 1 Spring/ Well 2 Borehole 3 Water harvesting 4 EWSC 5 16. What type of sanitation facility is available in None 1 your household? Flush toilet 2 Pit latrine 3 VIP w/ 4 handwashing basin VIP without 5 handwashing basin Part V: Access to public utilities and amenities Yes 1 17. Does your household have access to electricity? No 2 <500m 1 99 | P a g e 0.5 – 1km 2 18. How far is the nearest primary school from 1 – 1.5 km 3 your homestead 1.5 – 2km 4 >2km 5 19. How far is the nearest high school from your <500m 1 homestead 0.5 – 1km 2 1 – 1.5 km 3 1.5 – 2km 4 >2km 5 <500m 1 20. How far is the nearest health facility from your homestead 0.5 – 1km 2 1 – 1.5 km 3 1.5 – 2km 4 >2km 5 Part VI: General Comments 21. If you were to be directly affected by the project, what are your overall expectations in terms of compensation? 100 | P a g e Annex 4: Package 3 PAPs socio-economic and demographic information No. No. of Lan Marital depend Disabled d Source of Sanitatio PAP Name Inkhindla Age Gender status ants dependant Education Livelihood source size water n facility Electricity 1 Part-time Jabulane Primary employment/piece Sikhondze Zombodze 50 Male Married 9 0 School jobs >Ha River Pit latrine Yes 2 VIP Tengetile without Dludlu Zombodze 25 Female Single 3 0 Tertiary other-None >Ha River basin Yes 3 Thoko Primary Mkhwanazi Zombodze 70 Female Widow 6 0 School Handicraft >Ha River, Borehole Pit latrine Yes 4 Part-time VIP Cohabitin employment/piece without Felix Lushaba Zombodze 30 Male g 3 0 High School jobs >Ha Spring basin Yes 5 Formal. Fulltime Mlungisi Mdluli Zombodze 50 Male Married 2 0 Tertiary employment >Ha EWSC Pit latrine Yes 6 Formal. Fulltime Siza Mhlungu Zombodze 50 Male Married 5 0 Tertiary employment >Ha EWSC Pit latrine Yes 7 VIP Timomo without Dlamini Zombodze 46 Female Married 5 0 Secondary other-Dress maker >Ha EWSC basin Yes 8 Mephi Primary Mkhonta Zombodze 64 Female Widow 6 0 School Farming >Ha River Pit latrine Yes 9 Part-time employment/piece River, Julius Dlamini Zombodze 63 Male Widow 2 0 High School jobs >Ha harvesting Pit latrine Yes 10 VIP Shiselweni Primary other-From her without Ntombi Dlomo 1 73 Female Seperated 9 0 School children >Ha EWSC basin Yes 11 Theresa No Simelane Hosea 74 Female Widow 8 1 Education other-Unemployed >Ha River Pit latrine Yes 101 | P a g e No. No. of Lan Marital depend Disabled d Source of Sanitatio PAP Name Inkhindla Age Gender status ants dependant Education Livelihood source size water n facility Electricity 12 Jane Busisiwe No Simelane Hosea 66 Female Widow 13 0 Education other-Pension >Ha Borehole Pit latrine Yes 13 Qondile VIP Straight Borehole, without Dlamini Hosea 75 Male Married 8 0 Secondary other-Pension >Ha harvesting basin Yes 14 Philsiwe Primary Borehole, Manana Hosea 52 Female Married 2 0 School other-Dress maker >Ha harvesting Pit latrine Yes 15 Sthembile Formal. Fulltime Shongwe Hosea 36 Female Single 7 0 High School employment >Ha harvesting Pit latrine Yes 16 Alpheos VIP Magelemba Primary without Ngobe Hosea 69 Male Widow 4 0 School other-Pension Ha River Pit latrine Yes 18 Dominic VIP with Dlamini Hosea 43 Male Married 6 0 Tertiary Farming >Ha River basin Yes 19 Hlengiwe No Dlamini Hosea 56 Female Single 7 2 Education other-None >Ha Borehole None No 20 Meshack Primary Dlamini Hosea 82 Male Married 8 0 School other-None >Ha Borehole Pit latrine Yes 21 No Vikela Dlamini Hosea 82 Male Married 13 0 Education other-Pension >Ha River Pit latrine Yes 22 Phumelela Simelane Hosea 63 Male Married 8 0 Secondary Farming >Ha Borehole Pit latrine Yes 23 Lamndzebele Hosea 32 Female Married 15 0 Secondary other-None >Ha harvesting Pit latrine Yes 102 | P a g e No. No. of Lan Marital depend Disabled d Source of Sanitatio PAP Name Inkhindla Age Gender status ants dependant Education Livelihood source size water n facility Electricity 24 Part-time VIP Sibusiso employment/piece without Simelane Hosea 50 Male Married 10 0 High School jobs >Ha River basin Yes 25 Thembeni No Tsabedze Hosea 61 Female Widow 5 0 Education other-Marketing Ha Borehole None Yes 27 Wilson Primary Mkhabela Hosea 67 Male Married 14 0 School Farming Ha Borehole Pit latrine Yes 29 James Gamedze Hosea 52 Male Single 4 1 Secondary other-None Ha Borehole None No 31 Primary Thembi Vilakati Hosea 56 Female Widow 7 2 School other-None >Ha Borehole None No 32 Part-time VIP employment/piece without Simanga Mdluli Zombodze 50 Male Married 4 0 Secondary jobs >Ha River basin Yes 33 VIP with basin, Sibusiso Flush Dlamini Zombodze 38 Male Married 6 0 High School Farming >Ha EWSC toilet Yes 34 Part-time Shiselweni employment/piece Letho Malinga 1 35 Male Single 5 0 High School jobs >Ha River Pit latrine Yes 103 | P a g e No. No. of Lan Marital depend Disabled d Source of Sanitatio PAP Name Inkhindla Age Gender status ants dependant Education Livelihood source size water n facility Electricity 35 VIP Shiselweni without Derrick Thring 1 42 Male Married 7 1 High School Farming >Ha Borehole basin Yes 36 VIP Bhekinkosi Shiselweni Formal. Fulltime Borehole, without Xaba 1 45 Male Married 11 0 High School employment >Ha Spring basin Yes 37 Pit latrine, Mzwandile Formal. Fulltime Flush Nsibandze Zombodze 45 Male Married 1 0 Tertiary employment >Ha Borehole toilet Yes 38 Jwa Petros No Borehole, Shongwe Hosea 60 Male Single 5 0 Education Farming >Ha Spring Pit latrine No 39 Enock Shongwe Hosea 65 Male Married 18 1 Secondary other-None >Ha River, Borehole Pit latrine Yes 40 Thabile Dlamini Hosea 54 Female Widow 5 0 Secondary Hawking >Ha Borehole Pit latrine Yes 41 Mkhuliseni other-Was involved Ndabandaba Hosea 41 Male Single 7 0 Secondary in a car accident >Ha River Pit latrine Yes 42 Sibongiseni Formal. Fulltime Xaba Hosea 59 Female Single 0 0 Tertiary employment >Ha EWSC Pit latrine Yes 43 Thamsanca Shiselweni Formal. Fulltime Khumalo 1 67 Male Married 3 0 High School employment Ha harvesting toilet Yes 45 Part-time VIP Mthunzi employment/piece without Dlamini Hosea 46 Male Married 6 0 Secondary jobs >Ha Borehole basin Yes 104 | P a g e No. No. of Lan Marital depend Disabled d Source of Sanitatio PAP Name Inkhindla Age Gender status ants dependant Education Livelihood source size water n facility Electricity 46 Part-time Meshack employment/piece Hlophe Hosea 45 Male Married 3 0 High School jobs >Ha harvesting Pit latrine Yes 47 Alfred Mfanimpela Primary Dlamini Hosea 70 Male Married 7 0 School Farming >Ha Spring Pit latrine Yes 105 | P a g e Annex 5: Package 3 PAP asset inventory and entitlements SNL AFFECTED ASSETS AND INDIVIDUAL PAP ENTITLEMENTS No PAP Name Inkhundla Affected assets Entitlements Land Fence (m) Tree type Kraal Toilet (m2) (No.) (m2) (m2) 1 Alfred Hosea 70 Barbed • Fence replacement Dlamini wire fence • Cash compensation for annual (32m) crop loss on 0.007ha • Vulnerability support allowance 2 Alpheos Hosea 128 Veld-span • Fence replacement Ngobe fence (64m) • Cash compensation for annual crop loss on 0.013ha • Vulnerability support allowance 3 Dominic Hosea 68 • Cash compensation for annual Dlamini crop loss on 0.007ha • Vulnerability support allowance 4 Dorica Hosea 181 Barbed • Fence replacement Mamba wire fence • Cash compensation for annual (118m) crop loss on 0.018ha • Vulnerability support allowance 5 Enoch Hosea 153 Barbed • Fence replacement Shongwe wire fence • Cash compensation for annual (114m) crop loss on 0.015ha • Vulnerability support allowance 6 Felix Zombodze 173 Diamond • Fence replacement Lushaba mesh fence • Cash compensation for annual (121m) crop loss on 0.017ha • Vulnerability support allowance 106 | P a g e SNL AFFECTED ASSETS AND INDIVIDUAL PAP ENTITLEMENTS No PAP Name Inkhundla Affected assets Entitlements Land Fence (m) Tree type Kraal Toilet (m2) (No.) (m2) (m2) 7 Hlengiwe Hosea 66 • Cash compensation for annual Dlamini crop loss on 0.007ha • Vulnerability support allowance 8 Jabulani Zombodze 152 Barbed • Fence replacement Sikhondze wire fence • Cash compensation for annual (100m) crop loss on 0.015ha 9 Jane B Shiselweni 1 181 Barbed 14.66 • Fence replacement Simelane wire fence • Cash compensation for annual (88m) crop loss on 0.018ha • Cash compensation for kraal • Vulnerability support allowance 10 Julius Zombodze 127 • Cash compensation for annual Dlamini crop loss on 0.013ha • Vulnerability support allowance 11 Jwa Shongwe Hosea 231 Barbed • Fence replacement wire fence • Cash compensation for annual (157m) crop loss on 0.023ha 12 Komi Hosea 74 Barbed • Fence replacement Dlamini wire fence • Cash compensation for annual (71m) crop loss on 0.007ha 13 Gciniwe Hosea 250 • Cash compensation for annual Mndzebele crop loss on 0.025ha 14 Maggie Hosea 169 Barbed • Fence replacement Dlamini wire fence • Cash compensation for annual (72m) crop loss on 0.017ha 107 | P a g e SNL AFFECTED ASSETS AND INDIVIDUAL PAP ENTITLEMENTS No PAP Name Inkhundla Affected assets Entitlements Land Fence (m) Tree type Kraal Toilet (m2) (No.) (m2) (m2) • Vulnerability support allowance 15 Maureen Zombodze Barbed Pine (6) • Fence replacement Dludlu wire fence Umsinsi (2) • Cash compensation for 6 pine trees (124m) and 2 umsinsi trees. 16 Mephi Zombodze 26 Barbed • Fence replacement Mkhonta wire fence • Cash compensation for annual (36m) crop loss on 0.002ha • Vulnerability support allowance 17 Meshack Hosea 44 Wooden • Fence replacement Dlamini log fence • Cash compensation for annual (45m) crop loss on 0.004ha • Vulnerability support allowance 18 Mkhuliseni Hosea 98 Barbed • Fence replacement Ndzabandza wire fence • Cash compensation for annual ba (101m) crop loss on 0.01ha 19 Mlungisi Zombodze Veld-span Pine (4) • Fence replacement Mdluli fence (41m) Wattle (1) • Cash compensation for 4 pine trees and 1 wattle tree. 20 Namile Shiselweni1 345 Barbed • Fence replacement Simelane wire fence • Cash compensation for annual (175) crop loss on 0.036ha • Vulnerability support allowance 21 Peter Hosea 173 Veld-span • Fence replacement Lushaba fence • Cash compensation for annual (114m) crop loss on 0.017ha 108 | P a g e SNL AFFECTED ASSETS AND INDIVIDUAL PAP ENTITLEMENTS No PAP Name Inkhundla Affected assets Entitlements Land Fence (m) Tree type Kraal Toilet (m2) (No.) (m2) (m2) 22 Philisiwe Shiselweni1 280 Veld-span • Fence replacement Manana fence • Cash compensation for annual (142m) crop loss on 0.028ha 23 Phumelela Hosea 98 Veld-span • Fence replacement Simelane fence (63m) • Cash compensation for annual crop loss on 0.01ha • Vulnerability support allowance 24 Qondile Shiselweni1 Wooden Wattle (4) • Fence replacement Dlamini log fence • Cash compensation for 4 wattle (47m) trees. • Vulnerability support allowance 25 Sibusiso Shiselweni1 152 Wall fence 4.9 • Fence replacement Simelane (86m) • Cash compensation for annual crop loss on 0.015ha • Toilet replacement 26 Sithembile Hosea 49 Barbed • Fence replacement Shongwe wire fence • Cash compensation for annual (35m) crop loss on 0.005ha • Vulnerability support allowance 27 Siza Zombodze Pine (22) • Cash compensation for 22 pine Mhlungu Wattle (4) trees and 4 wattle trees. 28 Tengetile Zombodze 154 Barbed Avocados (3) • Fence replacement Dludlu wire fence Bananas (6) • Cash compensation for annual (124m) Umsinsi (3) crop loss on 0.015ha 109 | P a g e SNL AFFECTED ASSETS AND INDIVIDUAL PAP ENTITLEMENTS No PAP Name Inkhundla Affected assets Entitlements Land Fence (m) Tree type Kraal Toilet (m2) (No.) (m2) (m2) Duranta • Cash compensation for 3 avocado, erecta (2) 6 banana, 3 umsinsi, and 2 duranta trees. • 6 avocado and 12 banana tree saplings. 29 Thabile Hosea 75 • Cash compensation for annual Dlamini crop loss on 0.008ha • Vulnerability support allowance 30 Thamsanqa Shiselweni1 Avocado (3) • Cash compensation for 3 avocado Khumalo Mango (1) trees, and 1 mango tree. • 6 avocado and 2 mango tree saplings. • Vulnerability support allowance 31 Thembeni Hosea Banana (4) • Cash compensation for 4 banana Tsabedze Orange (1) trees and 1 orange tree. • 8 banana and 2 orange tree saplings. • Vulnerability support allowance 32 Thembi Hosea 122 Barbed • Fence replacement Vilakati wire fence • Cash compensation for annual (91m) crop loss on 0.012ha • Vulnerability support allowance 33 Theresa Shiselweni1 Veld-Span Pine (24) • Fence replacement Simelane fence (73m) • Cash compensation for 24 pine trees. 110 | P a g e SNL AFFECTED ASSETS AND INDIVIDUAL PAP ENTITLEMENTS No PAP Name Inkhundla Affected assets Entitlements Land Fence (m) Tree type Kraal Toilet (m2) (No.) (m2) (m2) • Vulnerability support allowance 34 Thoko Zombodze 159 Veld-span • Fence replacement Mkhwanazi fence (90m) • Cash compensation for annual crop loss on 0.016ha • Vulnerability support allowance 35 Timomo Zombodze 75 Diamond 20 • Fence replacement Dlamini Mesh fence • Cash compensation for annual (85m) crop loss on 0.008ha • Cash compensation for kraal. 36 Vikela Hosea 98 Barbed • Fence replacement Dlamini wire fence • Cash compensation for annual (32m) crop loss on 0.01ha • Vulnerability support allowance 37 Wilson Hosea 139 Barbed 20 • Fence replacement Mkhabela wire fence • Cash compensation for annual (105m) crop loss on 0.014ha • Cash compensation for kraal. • Vulnerability support allowance 38 James Hosea 63 Barbed • Fence replacement Gamedze wire fence • Cash compensation for annual (63m) crop loss on 0.006ha • Vulnerability support allowance 39 Mzwandile Zombodze 529 • Cash compensation for annual Nsibandze crop loss on 0.053ha • Vulnerability support allowance 111 | P a g e SNL AFFECTED ASSETS AND INDIVIDUAL PAP ENTITLEMENTS No PAP Name Inkhundla Affected assets Entitlements Land Fence (m) Tree type Kraal Toilet (m2) (No.) (m2) (m2) 40 Bhekinkhosi Shiselweni1 528 • Cash compensation for annual Xaba crop loss on 0.053ha 41 Derrick Shiselweni1 485 • Cash compensation for annual Thring crop loss on 0.049ha • Vulnerability support allowance 42 Letho Shiselweni1 467 • Cash compensation for annual Malinga crop loss on 0.047ha 43 Meshack Shiselweni1 535 • Cash compensation for annual Hlophe crop loss on 0.054ha • Vulnerability support allowance 44 Mthunzi Hosea 507 • Cash compensation for annual Dlamini crop loss on 0.051ha 45 Sibusiso Zombodze 527 • Cash compensation for annual Dlamini crop loss on 0.053ha 46 Simanga Zombodze 530 • Cash compensation for annual Mdluli crop loss on 0.053ha • Vulnerability support allowance 47 Sibongiseni Hosea 533 • Cash compensation for annual Xaba crop loss on 0.053ha 48 Eqinisweni Zombodze Diamond • Fence replacement Church mesh (86m) 49 Hlutse Veldspan • Fence replacement Primary (56m) Florence Veldspan • Fence replacement High (31m) 112 | P a g e SNL AFFECTED ASSETS AND INDIVIDUAL PAP ENTITLEMENTS No PAP Name Inkhundla Affected assets Entitlements Land Fence (m) Tree type Kraal Toilet (m2) (No.) (m2) (m2) TDL ASSETS AND ENTITLEMENTS No. Farm Affected assets Entitlements PAP Name number 2 Land (m ) Tree type (No.) 2 Portion A Cash compensation for land lost La Vida Pty Ltd 3395 farm 32 (A/32) 3 La Vida Pty Ltd R/Farm 32 345 • Cash compensation for land lost 4 Swaziland • Cash compensation for land lost Tourism R/1229 2457 Development Company 5 The African Portion of 5 • Cash compensation for land lost Congregationa farm 1229 1604 l Church (5/1229) 6 Badenhorst • Cash compensation for land lost Portion 4 farm Coenraad 1650 975 (4/975) Johannes 7 Badenhorst • Cash compensation for land lost Coenraad R/975 543 Johannes 8 The Eucalyptus (27) • Cash compensation for land lost Farm 1090 Evangelical 3151 • Cash compensation for 27 (1090) Church Eucalyptus trees 113 | P a g e SNL AFFECTED ASSETS AND INDIVIDUAL PAP ENTITLEMENTS No PAP Name Inkhundla Affected assets Entitlements Land Fence (m) Tree type Kraal Toilet (m2) (No.) (m2) (m2) 9 Henwood • Cash compensation for land lost James Farm 993 1560 Clarence 10 No allocation • Cash compensation for land lost at Deeds Farm 1225 3062 Offices 11 No allocation at • Cash compensation for land lost Farm unuB 375 Deeds Offices 114 | P a g e Annex 6: Introductory meetings summary notes and registers Inkundla Meeting No. of Notes date attendees Zombodze 16/11/2023 16 ➢ Indvuna yenkhundla was in attendance and chaired the meeting. ➢ It was declared that all chiefdoms were represented in the meeting. ➢ None of the participants objected to the consultant working in their chiefdoms. ➢ Pledged support and advised that the CLO should accompany the consultant during visits to the project affected homesteads. ➢ Requested that consultant and team should have something that will be an identifier to bring comfort to people that they are genuine EWSC agents. Shiselweni 23/11/2023 22 ➢ Indvuna yenkhundla not in attendance. A I member of Bucopho, supported by the Inkhundla secretary chaired the meeting. ➢ All 3 chiefdoms under the Inkhundla were represented in the meeting. ➢ No objection to RAP consultant working and engaging community members in the chiefdoms. ➢ Emphasized need for consultant and team to be accompanied by the CLO as well as Bucopho from each chiefdom during fieldwork and engagement with community members. Hosea 23/11/2023 10 ➢ Indvuna yenkhundla not in attendance. A member of Bucopho chaired the meeting. ➢ One chiefdom not represented in the meeting. ➢ No objection to RAP consultant working and engaging community members in the chiefdoms. 115 | P a g e Inkundla Meeting No. of Notes date attendees ➢ View that over and above the CLO, the consultant should also be accompanied by at least one member of the inner council (bandlancane) in each of the chiefdoms during fieldwork and engagement with the project-affected community members. 116 | P a g e 117 | P a g e 118 | P a g e Annex 7: Notes for stakeholder consultative meetings Meeting discussion notes TITLE Meeting with Zombodze Chiefdom Inner Council DATE 01 March 2024 VENUE Zombodze Emuva Inkhundla Offices IN ATTENDANCE See attached register Purpose of the meeting The purpose of the meeting was to present the extent of land acquisition and extent of asset losses per PAP within the chiefdom. It was also aimed at presenting land replacement options, and role of the inner council in that regard. Concerns and challenges from the inner council’s perspective regarding the land acquisition impacts were also sought. Progress presentation Identified assets to be affected Presentation on project progress was done by EWSC (through RAP consultant) using digital maps to enhance visualization and understanding. The inner council was informed that within Zombodze chiefdom those that would be affected were likely to suffer losses and disturbances during construction with regards to the following: • Boundary fences • Kraals • Trees (mainly wind breakers, and a few fruit trees) • Very small land parcels to be taken up by lateral servitudes and kiosks placements. Compensation considerations It was explained to the Inner Council that losses by project affected persons will be compensated for, and that the World Bank’s standards will be the main guidelines to be followed in determining eligibility for compensation and the entitlements therein. The following was brought to the inner council’s attention: • As community leaders their involvement will be critical in some of the engagements with the PAPs, particularly in as far as land losses are concerned. • Though minute in terms of size, the land losses would result in slight inward shifts of the boundary fences for those affected, and this may not sit well with some of the PAPs. • Due to the fact that the land losses would be on SNL, cash compensations were not an option because it not possible to evaluate the land, but rather 119 | P a g e consideration would have to be made for replacement land in the event a PAP feel the land lost would significantly alter their food production. This would likely be the case for those whose land parcels are earmarked for kiosks placements. The assistance of the inner council would be critical in such instances. Comments from Inner Council • Expressed great interest in seeing the project implemented successfully due its benefits to the community with regards to water supply. • Appreciate that the project is not likely to have extensive impacts in terms of losses to people’s properties and assets. • Where there is requirement for replacement land, the inner council would take it upon itself to explore options of making this available for PAPs who would require it. • Expressed hope that there would be employment opportunities for the people of Zombodze Emuva during construction. • Expressed commitment to work and cooperate with EWSC to ensure that the project is successfully implemented. Way forward • EWSC to prepare the RAP report taking on board the comments from the inner council, particularly with regards to replacement land where so required. 120 | P a g e 121 | P a g e 122 | P a g e MEETING DISCUSSION NOTES TITLE Meeting with Ngwenyameni Chiefdom Inner Council DATE 05 March 2024 VENUE Ngwenyameni Umphakatsi IN ATTENDANCE See attached register Purpose of the meeting The purpose of the meeting was to present the extent of land acquisition and extent of asset losses per PAP within the chiefdom. It was also aimed at presenting land replacement options, and role of the inner council in that regard. Concerns and challenges from the inner council’s perspective regarding the land acquisition impacts were also sought. Progress presentation Identified assets to be affected Presentation on project progress was done by EWSC (through RAP consultant) using digital maps to enhance visualization and understanding. The inner council was informed that within Ngwenyameni chiefdom those that would be affected were likely to suffer losses and disturbances during construction with regards to the following: • Boundary fences • Kraals • Trees (mainly wind breakers, and a few fruit trees) • Very small land parcels to be taken up by lateral servitudes and kiosks placements. Compensation considerations It was explained to the Inner Council that losses by project affected persons will be compensated for, and that the World Bank’s standards will be the main guidelines to be followed in determining eligibility for compensation and the entitlements therein. The following was brought to the inner council’s attention: • As community leaders their involvement will be critical in some of the engagements with the PAPs, particularly in as far as land losses are concerned. • Though minute in terms of size, the land losses would result in slight inward shifts of the boundary fences for those affected, and this may not sit well with some of the PAPs. • Due to the fact that the land losses would on SNL, cash compensations were not an option because it not possible to evaluate the land, but rather consideration would have to be made for replacement land in the event a 123 | P a g e PAP feel the land lost would significantly alter their food production. This would likely be the case for those whose land parcels are earmarked for kiosks placements. The assistance of the inner council would be critical in such instances. Comments from Inner Council • Sought clarity on eligibility for compensation, because in their view there are people who do not deserve to be compensated because they put structures and fence lines on areas that were long marked at part of the road reserve. Response was that due to the project adopting the World Bank guidelines in terms of compensation, the legitimacy of placement of structures before the project cut-off date was not taken into consideration. All losses would be compensated by the project even those that are within existing road reserves. • Expressed concern that compensation packages tend to be discussed with PAPs without their involvement. Response was that the procedure for delivery of entitlements would explore options of ensuring that the Umphakatsi is represented in witnessing the individual registers for assets lost by PAPs. It was however stated that discussions and agreements on compensation packages for the lost assets would remain between the PAP and EWSC. Caution was also thrown to the effect that there should be avoidance of using the project and the compensation process to frustrate PAPs with long-standing issues at Umphakatsi level that have nothing to do with the project. • Expressed willingness and commitment to assist in any dispute cases in as far as the land acquisition and compensation processes are concerned. • Expressed appreciation for the opportunity to select Kiosk Operators from withing the community. Way forward • EWSC to prepare the RAP report taking on board the comments from the inner council, particularly with regards to the involvement of the traditional authorities (Umphakatsi) in the entitlement delivery procedures. 124 | P a g e 125 | P a g e 126 | P a g e MEETING DISCUSSION NOTES TITLE Meeting with Nsingizini Inner Council DATE 06 March 2024 VENUE Nsingizini Umphakatsi IN ATTENDANCE See attached register Purpose of the meeting The purpose of the meeting was to present the extent of land acquisition and extent of asset losses per PAP within the chiefdom. It was also aimed at presenting land replacement options, and role of the inner council in that regard. Concerns and challenges from the inner council’s perspective regarding the land acquisition impacts were also sought. Progress presentation Identified assets to be affected Presentation on project progress was done by EWSC (through RAP consultant) using digital maps to enhance visualization and understanding. The inner council was informed that within Nsingizini chiefdom those that would be affected were likely to suffer losses and disturbances during construction with regards to the following: • Boundary fences • Kraals • Trees (mainly wind breakers, and a few fruit trees) • Very small land parcels to be taken up by lateral servitudes and kiosks placements. Compensation considerations It was explained to the Inner Council that losses by project affected persons will be compensated for, and that the World Bank’s standards will be the main guidelines to be followed in determining eligibility for compensation and the entitlements therein. The following was brought to the inner council’s attention: • As community leaders their involvement will be critical in some of the engagements with the PAPs, particularly in as far as land losses are concerned. • Though minute in terms of size, the land losses would result in slight inward shifts of the boundary fences for those affected, and this may not sit well with some of the PAPs. • Since the land losses would on SNL, cash compensations were not an option because it not possible to evaluate the land, but rather consideration would have to be made for replacement land in the event a 127 | P a g e PAP feel the land lost would significantly alter their food production. This would likely be the case for those whose land parcels are earmarked for kiosks placements. The assistance of the inner council would be critical in such instances. Comments from Inner Council • Inner Council reaffirm its full support of the water project package 3 • Inner Council is appreciative of the development project and the continued project progress reports • Inner Council is willing to participate in project activities as requested by the Project Proponent to ensure smooth implementation and resolve grievances. • Inner Council requested EWSC to fast track the project implementation for the community to accrue benefits such as youth employment and access to clean and safe water. • Inner Council thank EWSC for the opportunity to select Kiosk Operators in collaboration with the Water Committee. Presentation end The Inner Council thank the team for the presentation and apologize for the limited time allocated to the team. 128 | P a g e 129 | P a g e MEETING DISCUSSION NOTES TITLE Meeting with Zombodze Emuva PAPs DATE 01 March 2024 VENUE Zombodze Emuva Inkhundla Offices IN ATTENDANCE See attached register Purpose of the meeting The purpose of the meeting was to present preliminary findings on affected assets and gather concerns on likely impacts of the project. The essence was to present the extent of individual affected households land and asset losses through land acquisition by the project. The meeting also sought to discuss compensation options and approaches for PAPs, as well as to understand and manage expectations with regards to compensation options and levels. Presentation of findings Identified assets to be affected Presentation on project progress was done by EWSC (through RAP consultant) using digital maps to enhance visualization and understanding. The PAPs were informed that they were likely to suffer losses and disturbances during construction with regards to the following: • Boundary fences • Kraals • Trees (mainly wind breakers, and a few fruit trees) • Very small land parcels to be taken up by lateral servitudes and kiosks placements. Compensation considerations It was explained to the PAPs that losses by project affected persons will be compensated for, and that the World Bank’s standards will be the main guidelines to be followed in determining eligibility for compensation and the entitlements therein. The following was brought to the inner council’s attention: • The involvement of the inner council will be critical, particularly in as far as land losses are concerned. • Though minute in terms of size, the land losses would result in slight inward shifts of the boundary fences for those affected. • Since the land losses would on SNL, cash compensations were not an option because it not possible to evaluate the land, but rather consideration would have to be made for replacement land in the event a PAP feel the land lost would significantly alter their food production. This 130 | P a g e would likely be the case for those whose land parcels are earmarked for kiosks placements. The assistance of the inner council would be critical in such instances. Comments from PAPs • Appreciated the presentation and the information therein. • Expressed relief that there will be no physical displacement of homesteads. • The magnitude of land losses is insignificant to warrant need for replacement land – EWSC could only consider in-kind compensation in this regard. • There is no significant amounts of money that will be received as compensation because the losses are not extensive. • Expressed full support for project implementation, particularly because of the greater good of water supply. Way forward Issues and suggestions raised to be considered in developing the compensation framework, particularly in relation some of the inconveniences that will be experienced during construction. 131 | P a g e 132 | P a g e 133 | P a g e MEETING DISCUSSION NOTES TITLE Meeting with Shiselweni 1 Inkhundla Council DATE 05 March 2024 VENUE Shiselweni 1 Inkhundla Offices IN ATTENDANCE See attached register Purpose of the meeting The purpose of the meeting was to present preliminary findings on affected assets and gather concerns on likely impacts of the project. The meeting also sought to discuss compensation options and approaches for PAPs. Progress presentation Identified assets to be affected Presentation on project progress was done by EWSC (through RAP consultant) using digital maps to enhance visualization and understanding. The Inkhundla council was informed that within Shiselweni 1 Inkhundla chiefdoms those that would be affected were likely to suffer losses and disturbances during construction with regards to the following: • Boundary fences • Kraals • Trees (mainly wind breakers, and a few fruit trees) • Very small land parcels to be taken up by lateral servitudes and kiosks placements. • One toilet structure which is on the lateral servitude. Compensation considerations It was explained to the Inkhundla council that losses by project affected persons will be compensated for, and that the World Bank’s standards will be the main guidelines to be followed in determining eligibility for compensation and the entitlements therein. The following was brought to the council’s attention: • As community representative their involvement will be critical in some of the engagements with the PAPs, particularly in how losses in any means of livelihood at household level that would be affected by the project will be restored. • Since the land losses would on SNL, cash compensations were not an option because it not possible to evaluate the land, but rather consideration would have to be made for replacement land in the event a PAP feel the land lost would significantly alter their food production. This would likely be the case for those whose land parcels are earmarked for 134 | P a g e kiosks placements. The assistance of the inner council would be critical in such instances. Comments from Inkhundla Council • Affirmed full support of the implementation of Package 3. • Expressed need for their involvement in the compensation process with the affected individual. Response was that the imiphakatsi would be informed to some level as witness on the individual entitlements to be considered for compensation. However, all compensation engagements, particularly in terms of the individual packages would be between EWSC and the individual PAPs. • Council is appreciative of the development project and the continued project progress reports. Council requested that employment of local youth be prioritized. • Council is willing to participate in project activities whenever so required at their respective chiefdoms. Way forward The Inkhundla will support the project and assist whenever so required because the developmental impact it will have will be highly significant. 135 | P a g e 136 | P a g e MEETING DISCUSSION NOTES TITLE Meeting with Hosea PAPs DATE 06 March 2024 VENUE Florence – Simelane Business Conference Room IN ATTENDANCE See attached register Purpose of the meeting The purpose of the meeting was to present preliminary findings on affected assets and gather concerns on likely impacts of the project. The essence was to present the extent of individual affected households land and asset losses through land acquisition by the project. The meeting also sought to discuss compensation options and approaches for PAPs, as well as to understand and manage expectations with regards to compensation options and levels. Presentation of findings Identified assets to be affected Presentation on project progress was done by EWSC (through RAP consultant) using digital maps to enhance visualization and understanding. The PAPs were informed that they were likely to suffer losses and disturbances during construction with regards to the following: • Boundary fences • Kraals • Trees (mainly wind breakers, and a few fruit trees) • Very small land parcels to be taken up by lateral servitudes and kiosks placements. Compensation considerations It was explained to the PAPs that losses by project affected persons will be compensated for, and that the World Bank’s standards will be the main guidelines to be followed in determining eligibility for compensation and the entitlements therein. The following was brought to the inner council’s attention: • The involvement of the inner council will be critical, particularly in as far as land losses are concerned. • Though minute in terms of size, the land losses would result in slight inward shifts of the boundary fences for those affected. • Since the land losses would on SNL, cash compensations were not an option because it not possible to evaluate the land, but rather consideration would have to be made for replacement land in the event a PAP feel the land lost would significantly alter their food production. This 137 | P a g e would likely be the case for those whose land parcels are earmarked for kiosks placements. The assistance of the inner council would be critical in such instances. Comments from PAPs • The greater good for the project seems to outweigh the likely impacts considering the small magnitude of the possible losses. • As PAPs they should be considered for employment during construction. • EWSC should provide timely notification for the start of works so that they have time to harvest what is in the affected fields. • Expressed full support for the project and to engage positively in the compensation discussions so that the project is successful and not delayed unnecessarily. Way forward • Issues and suggestions raised to be considered in developing the compensation framework, particularly in relation some of the inconveniences that will be experienced during construction. 138 | P a g e 139 | P a g e 140 | P a g e MEETING DISCUSSION NOTES TITLE Meeting with African Congregational Church Leadership DATE 05 June 2024 VENUE African Congregational Church (Phophonyane) IN ATTENDANCE 1. Pastor Z.M. Mdluli – Paster and Trustee for Church Head Office 2. Mr John V. Dlamini – Chairman 3. Mrs Thandi R. Kubheka – Senior church member and Hhelehhele Indvuna 4. Mr David Dlamini – Circuit steward 5. Mrs Thabsile Mkhonta – Secretary 6. Lunga Simelane – EWSC RAP Consultant 7. Mduduzi Mahlambi – GIS Specialist (with consultant) Welcome remarks • The chairman welcomed all to the meeting, introduced the church leadership, and highlighted the subject of discussion. The consultant was then asked to expand on the purpose of the meeting. Presentation by consultant • Described the project packages, zeroing in to Package 3. • Explained that one of the laterals traverses Portion 5 of Farm 1229 which belongs to the church. • Outlined the land acquisition impact of the project as it traverses the farm which would lead to land loss of 1604 m2. • Explained that the purpose of the meeting was to make the church aware of project and how it impacts on them as a stakeholder • The church leadership was requested to express their views, concerns, expectations, and objections, if any. Views from the church leadership • Expressed appreciation for consultative meeting, which as a church they consider as a sign of respect and recognition from the project and EWSC. • Stated that such consultations allow for harmonious implementation of development like the one being implemented by EWSC. • The church has no objection to the project, particularly because it is a public good, from which the church itself could benefit in the future. • The church is appreciative of the fact that the project is operating within the World Bank guidelines which allow for fairness and transparency. 141 | P a g e • Expressed hopes for a fair compensation for the land that will be lost to the project. • Indicated expectation that there will be more engagements with EWSC to discuss compensation for the land lost. • Church requests EWSC to provide clarities on the main pipeline servitude on whether it does not take up portions of land on their farm. • Clarity is also requested from EWSC on the registration of the land to be acquired by the project. • Expressed hope that all documentation on the land to be acquired will be well kept and made available to them. Way forward • The church is willing to cooperate with EWSC on the project in relation to the land to be acquired from their farm. • The church is looking forward to further engagements with EWSC, including going to site. 142 | P a g e