Contentious land issue: how will it work?
I WONDER how many readers are aware that written submissions to Parliament in regard to the proposed Land Expropriation Bill need to be received no later than January 31.
The ANC, EFF and sections of government want to change Section 25 of the Constitution to allow expropriation of land without compensation.
Other than for the alarming concept of expropriation without compensation per se, there are several clauses, terms and concepts that raise alarm.
What is the position of agricultural land that is lying fallow, a recommended farming practice? According to the EFF, this is deemed to be “unoccupied” land and is thus forfeit.
What does the statement “property not limited to land” mean?
Are the proposed changes not about land only or is something devious being slipped in?
Is there a “sleight-of-hand” in play?
If this bill is approved, which I am sure it will be, what happens to house owners who have a bond?
Do they stop paying the bond, as their house may have to be surrendered to the state at any time?
Will the banks have to carry the brunt of this? If not, who does?
The proposed bill contains the term “intangible property”. What is that? Surely this must be clearly defined.
The new subsection 25(3A) provides that “national legislation must, subject to subsections (2) and (3) set out specific circumstances where a court of law may determine that the amount of compensation is nil.
I am aware of the strong emotions that are aroused around land issues, such as happened in Kenya in the 1950s with the bloody Mau Mau uprising and the classic
“Stolen Lands” issue and the more recent state-approved land grabs in Zimbabwe.
Surely, though, in South Africa we are more civilised and thus should incorporate into the proposed bill some form of arbitration by a nongovernmental body.
Will expropriation be carried out in an orderly fashion or will we see “land invasions” as happened in Zimbabwe?
We certainly live in alarming and uncertain times!
E-mailed comments to Parliament may be sent to: section 25@ parliament.gov.za
Time is short!