Business Day

Court lashes state over farmer’s long battle for land rights

Government’s argument that lease would suffice is ‘callous’, says judge

- Karyn Maughan

The high court in Pretoria has delivered yet another scathing ruling on the government’s failure to properly implement land reform, finding that its 17-yearold failure to sell a farm to an elderly black Limpopo farmer is irrational and unconstitu­tional.

In a precedent-setting decision that will force the government to radically re-evaluate its policy of offering black farmers long-term leases rather than land ownership, the court on Wednesday ordered the department of land reform and rural developmen­t to make good on its promise to sell 78-year-old David Rakgase the Nooitgedac­ht farm he has been leasing from the state since the 1990s.

Judge Norman Davis said it is “clear that a breach of the state’s constituti­onal duties had occurred” in its handling of Rakgase’s attempts to buy the farm it had offered him.

He echoed the Constituti­onal Court’s recent harsh criticism of the state’s three-decade-long failure to process 11,000 land claims made by so-called labour-tenant farmers.

In that ruling, in which SA’s highest court ordered that a “special master” be appointed to process these claims, judge Edwin Cameron slammed government administra­tors for failing to make land reform a reality — and squarely laid the blame for the way in which the land debate had been “embittered” at their door.

The Rakgase ruling has only reinforced that criticism, and raises serious questions about how the government will administer the legally complex process of expropriat­ion without compensati­on, given its now well-documented failures to administer land reform programmes intended to empower black farmers.

The department promised to sell Rakgase the farm in 2002, under its now aborted land redistribu­tion for agricultur­al developmen­t programme. It approved the sale of the property to him.

What followed was a litany of bureaucrat­ic and administra­tive failures in which the department eventually offered Rakgase a 30-year lease. He then turned to the courts.

On Wednesday, Davis slammed the way in which the government had “arbitraril­y” refused to sell Rakgase the land he had spent decades renting from the state, despite previously identifyin­g him as an ideal beneficiar­y of the land redistribu­tion for agricultur­al developmen­t programme.

“There is no explanatio­n why, when the well-motivated occasion for conversati­on of a right presented itself, it was shied away from and the elderly applicant [Rakgase] was presented with a much lesser right, being a long-term lease, the end of which he will not see in his lifetime,” said Davis.

The judge said the government’s argument that Rakgase had “security of tenure” and faced no imminent prospect of eviction with the long-term lease that had been offered to him “smacks of callousnes­s and cynicism, particular­ly given our country’s historical deficienci­es in dealing with land reform”.

Davis added that the same applies to other black farmers who had been offered long-term leases, rather than being offered the opportunit­y to own the land they farmed.

THE RULING RAISES QUESTIONS ABOUT HOW THE STATE WILL ADMINISTER EXPROPRIAT­ION WITHOUT COMPENSATI­ON

 ?? /Antonio Muchave/Sowetan ?? Long walk: David Rakgase has been fighting for 17 years to secure ownership rights to the Limpopo land he farms and leases from the state.
/Antonio Muchave/Sowetan Long walk: David Rakgase has been fighting for 17 years to secure ownership rights to the Limpopo land he farms and leases from the state.

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