Sunday Tribune

King takes ill-advised turn in land reform question

- EBRAHIM HARVEY

I SHUDDER to think what lies ahead in this country after reading reports that former president Kgalema Motlanthe was vehemently attacked by the Zulu monarchy in Kwazulu-natal for the conclusion­s he drew on land reform.

In 2016, Motlanthe was appointed by then deputy president Cyril Ramaphosa to chair a highlevel panel on land reform.

The panel report concluded there were some serious concerns with the Ingonyama Trust, which was a creation of the Kwazulu-natal Ingonyama Trust Act of April 24 1994, and that in the light of the findings of its investigat­ions it either be repealed or substantia­lly amended.

The thrust of the findings was that land had been allocated to traditiona­l leaders, instead of the people who most needed it, and that there had been numerous violations of provisions of the act that had created serious problems for land reform.

What appeared to have happened was that the Zulu monarchy, centred on King Goodwill Zwelithini, in whose name ownership and control of land resides in the act, had dispensed land in a manner not consistent with its objectives.

Motlanthe was explicit about this problem.

“The people had high hopes that the ANC would liberate them from the confines of the homeland system. Clearly now we are the ones saying that land must go to traditiona­l leaders and not the people.”

The official website of the Ingonyama Trust states that the trust was to hold land for the “benefit, material welfare and social well-being” of all the people who lived on land formerly owned by the Natal government under apartheid. However, the Motlanthe report strongly suggests that such noble objectives have not been met since 1994.

Obviously, now that the land issue is raging throughout the country, it is natural that all questions that affect land reform, especially when it is meant to address poverty, homelessne­ss, jobs and sustenance, be vigorously examined without fear or favour.

There is no reason why the Ingonyama Trust must be treated differentl­y from an investigat­ion into any other bodies or institutio­ns that deal with land reform.

All relevant institutio­ns dealing with the combustibl­e topic require effective scrutiny in order to assess whether they are adequately serving the interests of their constituen­cies.

Rigorous review, especially when the report in question relates to a government-led inquiry into land reform, is essential.

The panel was meant to fully and without hindrance carry out its mandate.

Why must the panel therefore compromise its mandate, water down its findings, or walk on eggshells because the authority of the Zulu monarchy is in question?

It is, furthermor­e, deeply ironical that Motlanthe can be accused of being provocativ­e when, in fact, the statements by Zwelithini and other traditiona­l leaders are, in fact, not only extremely provocativ­e, but directly threaten violence should the report of the panel lead to tampering with the authority of the trust.

How can much-needed land reform proceed, especially when it is meant to do justice to the desperate needs of the landless masses, in such an environmen­t of fear and intimidati­on?

Zwelithini was quoted last week in a statement he made which very unfortunat­ely makes such violent threats abundantly clear: “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.”

How can one “plead” and in the same breath threaten violence?

However, this was not the first time Zwelithini threatened violence when he and the monarchy did not get their way.

He has recklessly beaten the drums of war many times in a way that, indeed, could drown this country in needless bloodshed.

What he and the Ingonyama Trust should do is seek an urgent meeting with both Motlanthe and Ramaphosa and discuss, with cool heads, what their concerns are.

To repeatedly threaten violence is extremely concerning and, in fact, counterpro­ductive, unacceptab­le and unconstitu­tional.

Not long ago the leader of the EFF, Julius Malema, also slammed Zwelithini for his reaction to the Motlanthe report and for “intimidati­ng” people who were calling for expropriat­ion without compensati­on, which is in any case now the policy of the ruling ANC. Malema stated that this was a constituti­onal democracy in which we had a right to differ with Zwelinthin­i.

He added: “The Zulu king must call for engagement with regards to land. He must be respected, he must not be feared.”

It also appears to be a digression and an untruth to accuse Motlanthe of not consulting with traditiona­l leaders, when the report makes it clear that they were consulted.

However, what is at stake, clearly, is not the alleged lack of consultati­on, but the actual findings of the investigat­ion.

The key point to be made in this regard is that land is too critically an important matter to have elites – whether traditiona­l or not – dominating decisions about it, especially in the midst of the huge social crisis existing around land, as can be seen in land invasions around the country.

The fact is that it was the traditiona­l elites in the homelands who controlled land under apartheid.

However, in a constituti­onal democracy the greatest priority has to be the provision of available land for the purposes stated above, especially after the ANC has named land reform among its biggest priorities.

However, it was the timing of the enactment of the Ingonyama Trust Act, just three days before the 1994 elections, which was intriguing. Why was it seemingly rushed through the apartheid Parliament by the then ruling National Party and the Kwazulunat­al government just a few days before that election? Perhaps Mangosuthu Buthelezi and Zwelithini can tell us why this happened.

Were their interests potentiall­y threatened by ANC rule and the nationalis­ation clause in the Freedom Charter?

But it is not only what the constituti­on, the Ingonyama Trust Act or the Freedom Charter might state regarding land reform that is important; equally important is that in a constituti­onal democracy, the processes in which land reform occurs must be participat­ory, democratic, fair, equitable and transparen­t, which does not appear to have happened under the authority of the Ingonyama Trust.

I conclude with what I wrote in the Mail & Guardian in 2000: “The critical question of accountabi­lity of leaders can only be derived from democratic elections and the right of recall, both of which do not apply to traditiona­l leaders.

“Their view that one cannot expect municipal authority to function and render services in areas under their jurisdicti­on without their authority being usurped spells out in a nutshell the contradict­ion between democratic government and hereditary powers.

“They hide behind tradition to protect a privileged power base.”

Is the Zulu monarchy not doing the same thing now in its reaction to the Motlanthe report?

Harvey is a political writer and commentato­r.

 ?? PICTURE: SIBONELO NGCOBO ?? King Goodwill Zwelithini seems to be not acting in the interests of the people when it comes to issues of land reform in Kwazulu-natal.
PICTURE: SIBONELO NGCOBO King Goodwill Zwelithini seems to be not acting in the interests of the people when it comes to issues of land reform in Kwazulu-natal.

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