Land Reform Green Paper: DA's initial response
The Democratic Alliance (DA) notes the release by the Minister of Rural Development and Land Reform, Gugile Nkwinti, of the government's Draft Green Paper on Land Reform. It is a matter of concern that, despite repeated delays of its release, the version tabled today is still at a draft stage and does not include a section on rural development.
The proposals contained in the Draft Green Paper have wide-ranging consequences for the South African economy, and for our prospects of uplifting and improving the lot of those who were dispossessed of their land rights under Apartheid.
Any programme of redress must be based on the rule of law and the constitutional provisions that govern property ownership. Land reform must be a "win-win" scenario, in which the rights of present and future landowners are protected.
We are concerned by a number of proposals contained in the Draft Green Paper which will hinder the achievement of these objectives. These include:
The creation of a ‘Land Management Commission' reporting to the Minister of Rural Development and Land Reform with powers to subpoena, prosecute, and invalidate land ownership.
We believe it is untenable that an extra-judicial body that is not independent from a political office is granted powers to terminate land ownership rights. This also violates the constitutional principle of property rights.
The creation of the office of the Valuer-General with powers to determine the value of financial compensation in cases of land expropriation.
The Constitution explicitly provides that this role is to be performed by the judiciary. Appointing a non-independent body to determine compensation is open to abuse and is unlikely to pass constitutional muster.
Communal land tenure with ‘institutionalised use rights'.
The DA believes that those living under communal land ownership should be awarded full freehold rights in their individual capacities. We are currently developing legislative proposals to make this a reality.
The DA will tomorrow hold a press conference to present a comprehensive response to all the problematic provisions, and offer alternatives. Details will be made available shortly.
Statement issued by Lindiwe Mazibuko MP, DA Shadow Minister of Rural Development and Land Reform, August 31 2011
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