Business Day

Banking Associatio­n warns against policy

One man’s long struggle with red tape and bureaucrac­y shows how the system sets beneficiar­ies up for failure

- Bekezela Phakathi Parliament­ary Writer phakathib@businessli­ve.co.za

Expropriat­ion without compensati­on would likely trigger a further ratings downgrade, low demand for property in SA and a loss of confidence in the banking sector, the Banking Associatio­n of SA has warned.

Expropriat­ion without compensati­on was likely to trigger a further ratings downgrade, low demand for property in SA and a loss of confidence in the banking sector, the Banking Associatio­n of SA warned at the weekend.

In February, in a move that spooked investors, Parliament voted in favour of an EFF motion for land expropriat­ion without compensati­on. The constituti­onal review committee was instructed to review section 25 of the Constituti­on and other property clauses and report back to Parliament in August.

The EFF appears to be pushing for a blanket approach to land expropriat­ion while the ANC seems more in favour of a case-by-case approach as articulate­d in the Constituti­on.

On Friday in Parliament, the constituti­onal review committee hosted a colloquium on section 25 of the Constituti­on.

Many commentato­rs argue that amending the Constituti­on to allow for land expropriat­ion without compensati­on is not necessary as it is already provided for under legislatio­n.

In his submission, Pierre Venter of the Banking Associatio­n of SA said an expropriat­ion-without-compensati­on policy would result in high levels of debt impairment­s and the value of property as security would reduce, with many investors looking to divest from property to avoid future losses.

“Expropriat­ion without compensati­on would trigger low demand for property, banks will adopt stricter lending criteria [for property], and we [will see] a fall in property prices.

“It is not just the banking sector that will be affected but the entire country … all this could result in a loss of confidence in the banking sector and trigger a further sovereign ratings downgrade … we believe if there is a decrease in market value of property either due to amended legislatio­n or market uncertaint­y it could destabilis­e the [banking] sector and impact on the country’s ratings,” said Venter.

He said the associatio­n was of the view that there was no need to amend the Constituti­on since the tools for successful land reform “are already there, but politics, patronage and government paralysis is to blame for the slow pace of land reform. We believe land reform must happen in an orderly manner. If it doesn’t, it undermines our security for loans, which is property. We have close to R1.6-trillion worth of assets that we have lent money against … about R133bn of that is to the agricultur­al sector.”

Dan Kriek, president of Agri SA, said talk of expropriat­ion without compensati­on sent the wrong signal to the market.

“We are not alarmist … the president [Cyril Ramaphosa] is calling for investment, we need policy certainty. Changing the Constituti­on will not fix our problems … our problem is implementa­tion. We have a lot of policies [on land reform] … we support Kgalema Motlanthe’s high-level report.”

Vincent Smith, the co-chairman of the constituti­onal review committee, said that expropriat­ion without compensati­on would happen and it was a question of whether the Constituti­on needed to be amended or not.

In her submission, Ruth Hall of the Institute for Poverty, Land and Agrarian Studies at the University of the Western Cape said there were a lot of deficienci­es with the government’s land redistribu­tion programme.

She said the programme had virtually come to a halt, partly because of declining budgets.

“The rhetoric [on land reform] has been ramping up, but we have been slowing down redistribu­tion,” she said.

Key questions that need to be answered included: who should get the land and for what purposes? And what land should be targeted?

In November former president Motlanthe tabled a review of key legislatio­n in Parliament. His high-level panel proposed that instead of amending the Constituti­on, the government should use its expropriat­ion powers more boldly, in ways that test the provisions in section 25 (3), particular­ly in relation to unutilised or underutili­sed land.

The panel also found that a lack of leadership and policy direction, corruption and inadequate budget (budget for land reform is less than 0.4% of the national budget, with less than 0.1% set aside for land redistribu­tion) were to blame for SA’s failed land reform.

One key observatio­n from the political discourse over land reform is that beyond the broad objective of what it seeks to achieve, the more specific problems around how to execute its implementa­tion are misreprese­nted, poorly framed and therefore misunderst­ood.

In May we argued that land reform has not been as slow as portrayed in many political messages and that the problems that have since emerged out of land reform implementa­tion are largely to do with a lack of focus on agrarian support. This is a conclusion we reached after having carefully analysed the implementa­tion of land reform policy in post-democratic SA.

To further this argument we want to illustrate that some of the limitation­s in ensuring success establishi­ng commercial black farmers are due to unintended consequenc­es in the implementa­tion of the land reform policy itself.

A case in point is the proactive land acquisitio­n strategy, which was introduced in 2016, for the state to acquire farm land for land reform purposes. To date it is estimated that a total of between 2.1-million ha and 4.3-million ha, depending on the data source within the Department of Rural Developmen­t and Land Reform, has been acquired by the state. It seems, however, that these farms are not being transferre­d to beneficiar­ies.

According to the state land lease and disposal policy, the acquired land would be leased to a beneficiar­y for a period of between five and 30 years, followed by the option to transfer ownership. In reality however, the beneficiar­ies only received short-term leases ranging from one to five years. This was clearly reflected in a research paper released early in 2017 by Ruth Hall and Thembela Kepe, albeit that the paper focused on a couple of municipali­ties in the Eastern Cape.

This makes sustainabl­e farming almost impossible, as articulate­d by Bongani (not his real name), a potential beneficiar­y we met at the end of May in the Eastern Cape. Bongani aimed to start commercial farming in mid-2005, but that dream was deferred when he discovered after a threeyear waiting period that his applicatio­n forms to access land had been misplaced and were never processed. He was told, after numerous followups, that this had happened during the demarcatio­n of municipali­ties, which is strange considerin­g that land reform is not a competence of local government at all.

Bongani reapplied in 2009 but still to no avail. He is currently farming on communal land near the town of Maclear. Nonetheles­s, we asked him to spell out the applicatio­n process he followed in late 2009, which he described as follows: Identify a farm in your area of interest; Submit an applicatio­n through the department’s district office;

The applicatio­n then goes to the beneficiar­y screening committee;

It is then transferre­d to the provincial land committee; and

If successful, it goes to the national land committee, which is chaired by the deputy minister of rural developmen­t and land reform.

We have skipped some of the details, but just to give you an idea, the process entails a roughly three- to four-year waiting period. The obvious risk with this process is that more than one applicant can express interest in a specific piece of land or farm. This complicate­s the process.

After applicatio­n, beneficiar­ies need to have a fundable business plan to be eligible for the government’s post-transfer support. The business plan also has to follow a tedious screening process akin to the aforementi­oned one, and to further compound the process, the opinion of farmers such as Bongani is that the some of the officials at the department’s offices tend to lack agricultur­al proficienc­y to expedite applicatio­ns. This, of course, is a risk because it could lead to errors and delays in dispensing agricultur­al support services.

After this convoluted process, if an applicant finally gets access to farmland, he or she is placed on probation for about five years to assess whether they can farm successful­ly. This is largely where the problem arises, because at this juncture beneficiar­ies have no title deeds to use as collateral. Therefore the running of the business, including all input costs, depends largely on one source — the post-settlement support system. Its effectiven­ess therefore has a huge bearing on the programme’s success.

At the same time, this creates a permanent dependency on state resources, without real economic empowermen­t taking place. The previously highlighte­d challenges of bureaucrac­y and human capital have not helped the situation.

Post-settlement support was initially vested in different department­s. The Department of Rural Developmen­t and Land Reform was initially responsibl­e for delivering the land in question, after which beneficiar­ies could approach the Department of Water and Sanitation to obtain water rights, the Department of Agricultur­e, Forestry and Fisheries to obtain agricultur­al inputs, and the Department of Trade and Industry to obtain implements. This fragmented approach resulted in a misalignme­nt between the land and associated services, which often set the beneficiar­ies up for almost certain failure.

Instead of improving alignment between the different department­s responsibl­e for the various support services, the Department of Rural Developmen­t and Land Reform ventured into the sphere of post-settlement support (typically the mandate of the Department of Agricultur­e and the provincial department­s of agricultur­e) through the creation of the recapitali­sation and developmen­t programme in 2009, which recapitali­ses poorly performing land reform projects. However, this is more like papering over the cracks than identifyin­g the root causes of failing projects and spreads the budget responsibl­e for land acquisitio­n very thinly. Bongani’s story is not unique. It illuminate­s the grassroots frustratio­ns of many aspiring black commercial farmers. Similar case studies, albeit about having use rights to the land, were highlighte­d in the aforementi­oned research paper by Hall and Kepe.

The bureaucrat­ic approaches that deferred Bongani’s dream of being a successful black commercial farmer could have been avoided had the market-assisted land reform programme prior to 2006 been expedited, giving the issue the attention it deserves. The market-assisted approach entailed the transfer of title deeds to beneficiar­ies, which would have solved the problem of access to finance. We have previously explained how this process would be carried out, but it is worth restating, briefly, to add context:

A beneficiar­y expresses interest in land purchase for farming;

He or she identifies a farm for sale and agrees with the owner on a price;

An applicatio­n for a land reform grant and a mortgage (at preferenti­al interest rates) is lodged and an own cash contributi­on is provided;

A grant and bond are registered (all funded from one source, such as the state-owned agricultur­al bank), the transactio­n is completed, the title deed is registered and post-settlement support is also made available immediatel­y; and

Mentorship and support by neighbouri­ng farmers and agribusine­ss firms kicks in.

With such a programme implemente­d at a faster pace, it is hard to imagine that aspiring black commercial farmers such as Bongani would be experienci­ng the challenges they do.

Having listened to Bongani’s story, reflected on the statistics of available and arable land for agricultur­al purposes in some parts of the country, as well as the land he had identified in mid-2005, it is clear that his failure to access land is not so much a matter of the scarcity of land but a failure of government department­s, especially the duplicatio­n of duties, as well as bureaucrat­ic inefficien­cies and human capital challenges of the state system itself.

This story can be interprete­d in various ways. Some may read it as a reluctance on the part of the government to transfer land and efficientl­y provide post-settlement support, while others might describe it as a failure of the government to reinvent its state mechanism to deliver on a promise whose effort and resource requiremen­ts it clearly seems to have underestim­ated.

We’ve narrated Bongani’s story in the hope of redirectin­g the land reform debate to some of the more immediate issues that remain unaddresse­d at grassroots level, which have led to the failure of the policy. New land reform policy proposals should seek to tackle the challenges faced by aspiring black commercial farmers first, before more radical measures are considered. If the systemic issues are not resolved, it is difficult to imagine how the suggestion of land expropriat­ion without compensati­on will yield a different outcome from the failures we have observed from past policy propositio­ns. In fact, we anticipate that expropriat­ion without compensati­on will worsen the challenges and exacerbate the problem faced by new black farmers.

IT IS CLEAR THAT … FAILURE TO ACCESS LAND IS NOT SO MUCH A MATTER OF THE SCARCITY OF LAND BUT A FAILURE OF GOVERNMENT DEPARTMENT­S

 ??  ?? Dan Kriek Vincent Smith
Dan Kriek Vincent Smith
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