WHAT WENT WRONG WITH LAND REFORM OVER THE PAST 24 YEARS?
There is a common view among some South Africans that after 24 years of democracy, less than 10% of the land in South Africa belongs to the majority of the population. Someone began to circulate the narrative that the biggest issue relating to the slow pace of land reform is the ‘willing seller, willing buyer’ principle - and that this is prescribed by the Constitution (which is untrue). Together with this, the second biggest obstacle is described as the “equitable compensation” for land, which is prescribed in section 25 of the Constitution. That’s where the call for expropriation without compensation (EWC) originated and gained momentum. Change section 25 of the Constitution, return land without any compensation and the “original sin” will simply vanish in a flash!
What really went wrong? Who should get the blame? Is it the property owners who resolutely cling to their (for some, stolen) land? Is it the estate agents and brokers? Section 25(5) requires that the State “must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis”. Furthermore, 25(8) states: “No provision of this section may impede the State from taking legislative and other measures to achieve land, water and related reform, in order to correct the results of past racial discrimination”. So land reform is, according to the Constitution, the responsibility of the State.
Every South African has his/her own opinion about where things went wrong. Some have lived experience, others hearsay, and others just have their own opinion. However, a particularly authoritative source was published in November 2017. It is a Report from an inquiry commissioned by Parliament’s Speakers Forum. The mandate was: evaluate the legislation of recent years and investigate how to accelerate fundamental change in South Africa. The Report took nearly two years to complete and was researched and compiled by an impressive Panel of 11 prominent South Africans, including former politicians, lawyers, auditors and academics, and chaired by former President Kgalema Motlanthe. The Report is 600 pages long - 100 of which are dedicated to land reform. After months of research, submissions and oral evidence gathered in each province, what were the Panel’s findings?
Land reform is an overarching term that includes land redistribution, land restitution and security of tenure. Redistribution refers to the process of land which is up for sale being acquired by black owners, or the State. Restitution is the process whereby people whose land was taken by the State or other institutions post-1913 may be reclaimed; and security of tenure relates to workers on farms, and inhabitants of the former homelands, who have been living on, or working their ‘own’ land for many years but have no formal or individual property rights.
The Motlanthe Report draws powerful conclusions.