Sunday Tribune

The land balancing act

Thuli Madonsela says a delicate, two-way approach to expropriat­ion is required

- TSHEGO LEPULE

THE debate around land expropriat­ion without compensati­on is a human-rights issue that should take into considerat­ion the rights of those seeking land and those who stand to lose it.

This is according to former public protector Thuli Madonsela, who addressed an event at Stellenbos­ch University’s business school ahead of Human Rights Day.

Madonsela, now the chair of social justice at the university’s law faculty, discussed ways businesses could help make an impact on advancing human-rights issues.

She explained the processes under way to amend the constituti­on to allow for expropriat­ion of land without compensati­on. Parliament’s Constituti­onal Review Committee has five months before it is to present the National Assembly with proposals on how to make that possible.

“Access to land is a humanright­s issue; the right to property includes the right to have meaningful ways to acquire property. It is also a humanright­s issue for those who are holding on to the land – and those who want it because it was historical­ly taken from their ancestors,” she said.

“So you are managing two rights and you have to make sure it is done in a humane way because not only do we have to comply with the constituti­on but we have to comply with the African charter on human rights. It is also an emotional issue. A lot of wars have been fought over land.

“We will have to handle this land question, along with other transforma­tion questions, in a manner that does not undermine peace in our nation.

What I always fear is when there is any group in South Africa that has no stake in democracy, that group becomes a danger to society.

“It is going to be important, where possible, that we even bring in mediation so there is parting with land willingly but with an understand­ing of, for those who are losing the land, what are they getting.

“If they feel like all that is happening in this deal is that they are losing, they will find another way to compensate so they become a threat to this country and to democracy.

“It is going to be a very intricate balance between those who are afraid of losing their land rights and those who expect to get land; firstly just balancing the aspiration­s themselves. “There are so many people in South Africa, about 57 million. Those who will be expecting to get land will probably be more than 20 million. The reality is there is not enough land and an expectatio­n has been created that the way out of poverty is through land, and I think that is a wrong expectatio­n.”

The fear of land owners also needed to be managed. “For those who are historical­ly advantaged as well, we have... complexity.” Some of the land stolen from black people many years ago had been transferre­d many times, “so today the people who own the land are not the beneficiar­ies of the illicit gift. It is going to be a very complex issue.”

Other challenges to human rights in the country’s current political climate centred on corruption. “The biggest challenge to human rights is poverty and inequality; there are many people who fought for democracy who feel that human rights is a promise but reality is (different).

“One of the essential human rights is being free to flourish to your full potential and a lot of our people are trapped in perpetual poverty.

“Corruption is also a threat to human rights; it undermines the right to equality, it also takes away resources and policy processes – that should be engineered to reduce inequality and poverty.”

 ?? PICTURE: THOBILE MATHONSI/AFRICAN NEWS AGENCY (ANA) ?? Roses and candles placed by people at the corner of Willow and Normaal streets where Taxify driver Siyabonga Ngcobo was killed.
PICTURE: THOBILE MATHONSI/AFRICAN NEWS AGENCY (ANA) Roses and candles placed by people at the corner of Willow and Normaal streets where Taxify driver Siyabonga Ngcobo was killed.

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