Daily News

Government land is central to land reform

- MARTIN VAN STADEN

WITH politician­s spewing antiproper­ty rights rhetoric, we could but wonder what exactly sets the democratic government apart from the former apartheid regime.

The central feature of apartheid was a denial of property rights to black South Africans, a tradition that the democratic government has continued.

Just as it was under the National Party in the past, the government today still controls a substantia­l amount of land in South Africa. For most of the historical­ly black areas, this remains especially true.

In 2001, the Demographi­c Informatio­n Group and Population of South Africa found that a quarter of land in South Africa was owned by municipal government. According to the Department of Land Affairs, in 2009, national and provincial government­s owned about 25 million hectares of land.

By 2013, the total state-ownership of land appears to have decreased to about 14% of all land in the country.

It remains unclear, however, for which department­s, and what purposes, land is being held. As recently as 2007, some department­s did not know that they had been allotted land as reflected in the Deeds Registry. This, I believe, can be partly attributed to the complex and confusing nature of apartheid land law inherited by the government.

But that is only part of the reason. Rhetoric aside, the state seems to have an apparent lack of interest in land reform.

The controvers­ial Expropriat­ion Act exemplifie­s how the state seeks to avoid land reform in a substantiv­e sense. The lack of transparen­cy about which department­s own which land and for what purpose weakens the façade that the state is committed to equitable access to land.

Rather than distribute property that belongs to our massive bureaucrac­y of a government to the people, the political class continues to engage in racial demagoguer­y on the issue of land.

It would cost the government very little to hand its idle property over to deserving, poor, previously disadvanta­ged individual­s and families. The best way to start this process would be by giving title deeds to those individual­s already occupying state land; a so-called “tenure upgrade”.

Property rights are a prerequisi­te for a prosperous society. No true investment or developmen­t takes place – ever, or anywhere – if potential investors or holders of property are uncertain about the future or security of their property. Nothing brings more uncertaint­y and uneasiness than a law which includes the word “expropriat­ion” in its name.

The Independen­t Entreprene­urship Group recommends that land forcefully taken by the apartheid regime which remains in state ownership today should be “returned to the disenfranc­hised under a system of property-titling and private ownership”. Private ownership of property would be a sure way to propel the South African majority out of poverty.

Politician­s assume that poor, landless South Africans want the state to “own” property on their behalf, rather than them owning it individual­ly. Almost as if the state and the citizen are in a parent-child relationsh­ip.

The innate desire to own the property on which we live and the wealth-generating property with which we work, however, is a difficult thing to suppress, hence why deceptive rhetorical devices and fun slogans are employed – think “white monopoly capital”, “expropriat­ion without compensati­on”, etc. And it does not matter which party we’re talking about – very few, if any, of them truly believe in secure property rights. At worst, they seek total state ownership or “custodians­hip” and, at best, a substantia­l regulatory role for government.

The political class and civil society continue to approach land reform through a state-centric lens, and this is the primary obstacle to meaningful empowermen­t for the landless poor. Our focus should be on empowering individual­s and communitie­s, not expanding government reach and power.

Van Staden is a legal researcher at the Free Market Foundation and academic programmes director of Students For Liberty in Southern Africa.

 ??  ??
 ??  ?? There is also debate concerning if hunters can reliably age and sex leopards.
There is also debate concerning if hunters can reliably age and sex leopards.
 ??  ?? A piece of land that has been successful­ly claimed through the lands claims process. The writer says the government today still controls a substantia­l amount of land in South Africa.
A piece of land that has been successful­ly claimed through the lands claims process. The writer says the government today still controls a substantia­l amount of land in South Africa.

Newspapers in English

Newspapers from South Africa