AfriForum envisages several legal actions against expropriation without compensation
6 February 2020
AfriForum submitted its comments on the proposed policy on the selection of beneficiaries and allocation of land today, and reiterated that the civil rights organisation intended launching several legal actions against expropriation without compensation, if necessary.
In the legal opinion that AfriForum submitted to the Director-General of Rural Development and Land Reform today, it is argued that the policy on the selection of beneficiaries and allocation of land would be unconstitutional on several grounds.
“In addition, AfriForum has been involved in a legal tussle since 2018 to have the report by the Constitutional Review Committee – recommending the amendment of the Constitution – declared invalid, on the basis of several procedural shortcomings in the run-up to the acceptance of the report. This case is likely to be heard in the coming year. Furthermore, AfriForum has already submitted a legal opinion to Parliament, arguing that the proposed amendment of Section 25 of the Constitution would be in conflict with several other provisions of the Constitution,” said Ernst Roets, AfriForum’s Head of Policy and Action.
According to AfriForum, the Government’s policy on the division of land and the selection of beneficiaries is unconstitutional and unfair for several reasons. “Firstly, it violates Section 25 of the Constitution in several respects, because in terms of this policy land beneficiaries would only receive access to land – ownership would not be transferred to these people. Consequently, the State would in effect be the sole owner of the land. Implementation of this policy would also in effect mean that white people will be excluded from the Government’s allocation of land. Only persons defined as previously disadvantaged (black Africans, brown people and Indians) would be considered as beneficiaries. ‘Previously advantaged' (white) people are explicitly mentioned as people who do not qualify to apply for land; in fact, these people are equated to foreigners. White military veterans are also excluded, while military veterans who were in the defence force post April 1994 will be prioritised as beneficiaries,” Roets said.