ANC ‘nuked’ land investment

Cope leader Mosiuoa Lekota, who has told Parliament that dispossessing land from the descendants of Indian indentured labourers was “not acceptable”, states his party’s stance on the controversial issue of land redistribution.

I HAVE no doubt history will record that the principled stance adopted by Cope will be proven to be right.

As advocate Tembeka Ngcukaitobi in his book, The Land is Ours, recently put it, the failure of land reform under the ANC makes us a country of “winners and losers”.

Cope was founded in the defence of our constitutional order, in its vision of a just and equitable society, and in the values and principles that underpin it. As such, Cope firmly believes that the injustices and divisions of our past must be addressed and we fully subscribe to the fundamental need for land reform: for land restitution, redistribution and security of land tenure.

Where we differ with the infantile, reckless and destructive approach of the EFF and the reactionary, directionless and muddled approach of the ANC, is that we see no need to amend the Constitution.

We believe the Constitution, in its current form, provides all the powers required to ensure the full realisation of just and equitable land reform.

The idea that the Constitution is restrictive and that it hinders land reform is simply fallacious and devious. Our view is supported by former Justices of the Constitutional Court, Parliament’s High Level Panel Report, and Land Reform and Human Rights Research Institutions.

We face this damaging impasse as a consequence of the abject failure of the ANC to give effect to the provisions of Section 25 of the constitution, among others.

This has restrained and frustrated the realisation of meaningful land reform and socio-economic transformation.

The lack of a legislative framework to drive and regulate land reform within the constitution; the inability of government to adopt expropriation legislation aligned to our new constitutional order, and specifically Section 25 thereof; the gross maladministration, malfeasance and poor state capacity; corrupted outcomes; and capture by a ruling elite of land reform projects, represent the sad legacy of the ANC.

Parliament’s High Level Panel Report concludes as much. It points to the failure of Parliament to create the necessary legislative framework; and of the failure of the executive to ensure the coherent and effective implementation and realisation of land reform rights.

The report makes comprehensive recommendations and calls for crucial interventions. But nowhere does it call for the amendment of the constitution. The government has also yet to produce a comprehensive national land audit since the advent of democracy. Without a detailed audit of who owns what, it is difficult to identify which land qualifies for restitution.

With respect to the need to secure land tenure, there is no need for any constitutional amendment. The issue is about upgrading land tenure that is insecure, such as land under traditional authority control and land held in trusts such as the Ingonyama Trust.

Regarding concerns of exorbitant prices paid by the government for land, the real issue is not the excess compensation sought by land owners, but rather the price agreed to by the government. The constitution does not refer to market value but rather to just and equitable compensation given a set of circumstances.

In conclusion, Cope reiterates its position.

We do not support the principle of expropriation of land without compensation as a means to achieving land reform. South Africa belongs to all who live in it, united in our diversity. Our histories and our future destinies are inextricably intertwined as one nation.

Expropriating land from current landowners without compensation to right a previous injustice merely creates further injustices. Expropriating land without compensation is not for “free”. Someone, somewhere, within the economy will have to pay.

We support dialogue to find solutions to the government’s and our collective failure to ensure the realisation of land reform within our constitutional framework and given our complex history and mutual destiny.

But, the ANC’s factional power-play resolution at its elective conference to call for the expropriation of land without compensation and its support of the EFF’s motion despite its previous rejection of a similar motion smacks of desperation and recklessness – and this at a time when South Africa needs to create an environment conducive to substantial growth.

When policy certainty is required to ensure investor confidence, the ANC have pushed the “nuke” button and created further unnecessary uncertainty.

Now that the horse has bolted, President Cyril Rampahosa calls for “farming activities to continue as normal; that investment in land and farming must continue; and that there is no reason for anyone of us to panic”. Who in their right mind will risk investment in this climate of uncertainty that has now been created?

Instead of responsible and prudent governance, we have been faced with reactionary, populist and reckless governance. What should have been a “new dawn” of hope has been turned into a “dawn” of unnecessary despair.

It will take cool heads from responsible leaders from all sectors of society – leaders who are brave enough to speak truth to power, to undo the damage done – and at the same time ensure that the necessary frameworks, mechanisms and structures are developed to ensure swift and meaningful land reform and concomitant socio-economic transformation.

History will record that the principled stance adopted by Cope and other like-minded parties, organisations and citizens will be proven to be right.