What the land reform resolution is all about

No need for alarmist rhetoric and scaremongering about irresponsible land grabs

MUCH has been written and said about the resolution on the expropriation of land without compensation adopted by the National Assembly pursuant to a similar resolution by the ANC in December. We have heard alarmist rhetoric and fear-mongering that the resolution would result in “Zimbabwe-style land grabs”.

In response to this resolution, the Australian minister of home affairs, Peter Dutton, reportedly called on his government to facilitate and fast track the visa applications of white South

African farmers who were allegedly being persecuted in their motherland.

The same minister even called for South Africa to be barred from participating in international sporting tournaments.

It is against this background that, as the minister responsible for land reform, I write this article to give some perspective to the resolution and hopefully quell some of the misinformation.

It is useful, first of all, to explain what the resolution does and what it does not do.

The resolution adopted by Parliament does not call for irresponsible land grabs. It puts in place a process in which the constitutional review committee, a joint committee of the National Assembly and the National Council of Provinces, would consider all input and questions on the expropriation of land without compensation, and provide a report to Parliament by August 20.

As emphasised on numerous occasions by President Cyril Ramaphosa, including during his State of the Nation address, the move towards expropriation of land without compensation must happen in a manner that ensures food security, increases agricultural production and improves economic growth.

The constitutional review committee will consider all of these issues in its deliberation and include them in its report to Parliament. Any legal impediments or constraints will also be considered.

My department is embarking on a process to enable it to make the necessary input in the deliberations of the committee. These processes include internal and external consultations.

Members of the public are free to make input into the work of the committee, in line with South Africa’s constitutional commitment to public consultation, openness and transparency.

I encourage all those with views on this matter to take advantage of the public consultation process by sharing them with the committee.

What we should avoid, however, is making uninformed, inflammatory comments on the impact of expropriation without compensation.

I believe that in due course, Parliament will publicise a schedule of the public consultations geared to provide a platform for individuals, interest groups and the corporate sector to contribute views which may be considered by the committee.

Second, having briefly explained the constitutional process put in motion by the National Assembly, it is useful to explain the imperatives underlying the resolution.

Let us not forget that land was taken from the masses through the brutal wars of dispossession during the colonial and apartheid eras. These historical injustices resulted in skewed land ownership patterns along racial lines.

Needless to say, this has negatively affected the dignity of the victims of land dispossession.

During his inauguration speech in 1994, the father of our nation, Nelson Mandela, whose centenary we are celebrating this year, spoke about a “covenant to build a society in which all South Africans, black and white, will be able to walk tall, assured of their inalienable right to human dignity”.

This covenant cannot be brought to fruition without addressing the important issue of land. We cannot restore the dignity of our people without addressing the historical injustices of land dispossession.

Moreover, land reform is key to unlocking the economic potential of our country and its people.

When the first democratically elected government took office in 1994, a key pillar of the government’s objective to undo the injustices of the past was a robust land reform programme designed to give people their land back.

The programme, with the Department of Rural Development and Land Reform its custodian, consisted of, inter alia, land restitution, land redistribution and security of tenure reform.

Yet, 24 years into democracy, we are no closer to achieving the objective of equitably bringing the land back to the people.

The Land Audit Report of November 2017 provides a sobering reflection of the achievement of government on land reform.

The report shows that by the end of last year black people still owned less than 4% of the land. The audit also revealed women owned less than 13% of farms and agricultural holdings.

It is a startling reminder that the struggle for land reform is an uphill battle that requires intense discussion and innovative solutions in the interest of the people.

If we fail, we will have failed to bring to fruition Mandela’s dream of a South African population “assured of their inalienable right to humanity dignity”.

It is against this background that the recent resolution by the National Assembly, informed by the resolution of the ruling party, must be assessed.

It is an attempt to place all options for the speedy achievement of our land reform programme on the table.

Given the slow rate of progress in achieving the equitable distribution of land to the landless, it is imperative that we consider all options, including expropriation without compensation.

It bears re-emphasising, however, that the resolution calls for a process to consider all of the implications of expropriation without compensation and report to Parliament.

Significantly, any outcome of that process must promote food security and not be detrimental to the integrity of our economy and stability of our country.

The parliamentary process of consultation on expropriation without compensation will, and should, continue. All of us – the government, civil society, business and individuals – must make input in this process to ensure that a sustainable land reform process, in the interests of South Africa as a whole and all of its people, is arrived at.

But as this constitutional review process unfolds, let us not forget that the imperative for giving our people land through the constitutional process that we currently have remains.

Let me also hasten to allay fears arising from the unfortunate narrative that agricultural production will collapse in the hands of black people.

This assumption has no basis in fact. It is rooted in prejudice and stereotype. It is an irrefutable fact that this country has thriving black farmers who are contributing significantly to commercial farming’s growth and the gross domestic product.

As we follow input on the parliamentary process, the Department of Rural Development and Land Reform will continue to implement the land reform programme within the confines of the current constitutional and legislative framework.

To date, through the land restitution process, more than 3.38million hectares have been restored to previous owners.

Close to 500000 households or more than 2 million individuals have benefited from the programme.

Many of the communities and individuals to whom land has been given are working hard to ensure that they use it productively.

The department is committed to increasing the rate of land restitution, land redistribution and security of tenure through existing mechanisms within the current legislative framework.

Over the medium-term expenditure framework, the department has been allocated R10.8 billion to accelerate the settlement of the 2500 outstanding restitution claims, and R4.2bn to acquire 291000 hectares of strategically located land for redistribution and to bring about security of tenure for our people.

Whatever our political outlook, we need to recognise that the stability, certainty and prosperity that we all seek for our country can never come to pass while the vast majority remains excluded from participating in the economy and the wealth of the country, including access to and ownership of their land.

The resolution of the National Assembly for consultations to consider the expropriation of land without compensation has, as its purpose, to bring us closer to the vision of a South Africa in which all can walk tall, assured of their inalienable right to dignity.

In conclusion, we should perhaps allow Madiba to have the last word: “Our march to freedom and equality is irreversible. We must not allow fear to stand in our way.”

Mashabane is the minister of rural development and land reform and a member of the ANC national executive committee