Sunday Tribune

Why no consultati­on on Ingonyama Trust?

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IN HIS article, “King takes illadvised turn in land reform question” (The Sunday Tribune, June 3), Ebrahim Harvey asks me to tell readers why I enacted the Ingonyama Trust Act in 1994.

I am happy to do so, for his speculatio­n is grossly misinforme­d.

The act was the last piece of legislatio­n passed by the Kwazulu Legislativ­e Assembly, to ensure that traditiona­l land would not automatica­lly be taken over by the state.

The intention was to preserve the few pieces of land left over after generation­s of racial dispossess­ion and colonialis­m, so that the land could continue to be administer­ed through indigenous and customary law.

The Kwazulu Legislativ­e Assembly was well within its rights to enact this legislatio­n. It didn’t need to, nor did it, ask for permission from the National Party. The act was passed in broad daylight, under full media scrutiny.

It underwent every stage of legislatio­n required of any act and was published in the Government Gazette.

In 1997, the act was vigorously debated by the national Parliament and was amended, to the full satisfacti­on of all parties. It has remained legitimate­ly in place for more than 20 years.

But at its national policy conference in July 2017, the ANC noted that “…the KZN ANC has been moving for the repeal of (the) Ingonyama Trust”.

A few months later, a high-level panel led by the former secretaryg­eneral of the ANC released a report in which it recommende­d that the Ingonyama Trust Act be scrapped.

Strangely, during its investigat­ions, the panel never consulted, nor even sought a conversati­on with the Ingonyama Trust Board, the House of Traditiona­l Leaders, the king as trustee, or even with me as the originator of the act.

But suddenly the debate is all about scrapping the Ingonyama Trust Act, as though this would be the panacea for government’s failed programme of land reform.

And God forbid that traditiona­l leaders dare react.

I challenge Harvey to actually read the panel’s report, which was not just on land reform and was not appointed by the deputy president.

The high-level panel on assessment of key legislatio­n and accelerati­on of fundamenta­l change was appointed by the Speaker’s Forum to assess the impact of more than 1000 laws passed since 1994 on poverty, unemployme­nt, social cohesion and land reform.

It is absurd to claim that the “thrust of its findings” was “that land had been allocated to traditiona­l leaders instead of the people who most needed it”.

Since time immemorial, communal land has been administer­ed – through indigenous and customary law – by traditiona­l leaders who ensure that each member of the community is allocated enough land to build their home, produce food and support their family.

Traditiona­l leaders do not own the land. They simply administer the land to ensure that “the people who most need it” have access to it.

The Zulu monarch also does not “own” the land. The land is held in trust on behalf of all the people, with the king as trustee.

It is an administra­tive role, which the king then delegates to traditiona­l leaders who fulfil the prescripts of indigenous and customary law.

A kingdom is called a kingdom because it centres on a king.

Are we now to say that the government is more effective in allocating land to those in need? If that were the case, we would not be sitting with this time bomb of failed land reform.

Harvey claims (Kgalema) Motlanthe is being forced to “walk on eggshells” while the Zulu king “vehemently attacks” him and “threatens violence”.

Let’s unpack that claim.

During the ANC’S land summit last month, Motlanthe pulled no punches, calling traditiona­l leaders “village tin-pot dictators.”

This is exactly the language used by British colonialis­ts who sought to denigrate and undermine traditiona­l leadership.

In 1897, the then governor of Natal, Sir Arthur Havelock, addressed the so-called “chiefs of British Zululand” as their “supreme chief ”.

Is it not incendiary to start speaking to traditiona­l leaders in the language of our colonisers, calling us “village tin-pot dictators”?

Harvey indulges in that same provocatio­n when he refers to the king simply as “Zwelithini”. I am yet to see anyone refer to the queen of the United Kingdom as “Elizabeth” or “Mountbatte­nwindsor”.

On the part of the king, I am always frustrated when people misreprese­nt a warning of imminent violence as a threat.

So often when umkhonto wesizwe attacked our people, slaughteri­ng innocent civilians in their people’s war, I warned that the people would not sit on their hands forever without retaliatin­g.

You can only push people so far. As much as I called for peace and non-violence, human nature and the psychology of being constantly under attack suggest that at some point the victim is going to lash out.

But whenever I warned that violence was imminent if the ANC did not stop what they were doing, I was castigated for threatenin­g violence.

Now the king suffers the same castigatio­n. When I hear the king say: “I’m pleading with the government not to take the land that belongs to people from rural villages because they will retaliate and blood will be shed”, I hear a leader begging for violence to be averted.

Consider, for instance, that you’re walking down a road and someone stops to warn you that there is a snake up ahead. If you ignore the warning and continue on regardless, do you then blame the person who warned you when the snake indeed bites?

There is, as Harvey says, a “huge social crisis” around the issue of land reform. I am surprised that he lauds Julius Malema for having “slammed Zwelitihin­i” for his reaction to the panel’s report, but then laments “land invasions” as though they have anything to do with traditiona­l leadership.

Land invasions are a direct consequenc­e of Malema’s calls for people to act illegally and take whatever land they desire.

With utter contempt, Harvey declares “what the Ingonyama Trust should do”: they should seek an urgent meeting with Motlanthe to discuss their concerns.

Amakhosi did in fact ask Motlanthe to address their conference, but the invitation was ignored. Neverthele­ss, the horse has already bolted.

Why did Motlanthe not seek a conversati­on with the Ingonyama Trust, or even with the House of Traditiona­l Leaders, before publishing recommenda­tions with such far-reaching, detrimenta­l consequenc­es?

We never imagined that when the ANC expropriat­ed land without compensati­on, the first to suffer would be the rural poor.

PRINCE MANGOSUTHU BUTHELEZI, MP. IFP president, former Kwazulu chief minister, Ingonyama Trust Act originator

 ??  ?? Prince Mangosuthu Buthelezi.
Prince Mangosuthu Buthelezi.

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