DA will challenge legality of Constitutional Review process should land report pass

4 December 2018

Today, Parliament is set to debate and vote on the flawed Constitutional Review Committee Report. The report recommends that Section 25 of the Constitution be amended to allow for land expropriation without compensation.

The Democratic Alliance (DA) is completely committed to redressing the history of violent land dispossession in South Africa and we recognise the unjust legacy left by this dispossession. We view land reform as a social justice imperative which all South African must rally around.

This is why the DA will be joined this afternoon by representatives from the Gwatyu Community Property Association (CPA), who have been fighting for the return of their land.

The Gwatyu community, who reside in rural Eastern Cape, consists of 1 500 members who remain tenants of the land they live on, at the mercy of the failing ANC government. Their fight is for the security of tenure of the land that they live on so that they can work their own land and be freed from government control. The DA has provided legal assistance to the community and we will continue to demand that the land is returned to the people of Gwatyu.

Expropriation without compensation will not provide land to the Gwatyu community, only providing ownership and title will. The Gwatyu community is not the only that will remain landless and not realize their economic potential if the efforts of the ANC and EFF are acceded to in the house today.

For too long, black South Africans who have been dispossessed of land that was historically and violently taken away, have been tenants in the land of their birth. What the EFF and the ANC are proposing is to continue that cycle of dispossession.

The DA commits itself to taking this fight to the highest court of the land if Parliament does not send this report back to the Constitutional Review Committee.

The DA will today once again reaffirm this commitment to land reform by voting against the adoption of the flawed Constitutional Review report. We have warned the Committee throughout the process, that to change the Bill of Rights for the first time in our history, requires due processes to be followed.

The DA has consulted with our lawyers and we understand the processes to follow. Should the ANC and EFF vote to adopt this flawed report in both the National Assembly and National Council of Provinces, the DA will not hesitate to approach the courts. AfriForum failed in their court bid because they failed to allow Parliament to complete its processes. It is key that Parliament is given the scope to do its work.

We therefore implore on all parties to do the right thing and reject this report.

The Committee report has serious procedural flaws, specifically in relation to the public participation process which is mandated by Section 59, 72 and 118 of the Constitution. The ANC and EFF were dogged in their determination to ignore the over 80% of written submissions which opposed the amendment of Section 25 during the public participation process.  The written submissions report has not been finalised, yet the ANC and EFF approved the final report. This is proof that the process was merely a smokescreen for what was ultimately a predetermined outcome. The consequences of proceeding with this tarnished process will effectively silence thousands of people who participated in the process. Silencing the thousands of people who came out to voice their opinions on expropriation without compensation which will lead nationalisation of land instead of ownership of land, is against the principles of the Constitution. It is no surprise though because both the EFF and the ANC have shown disdain and disregard for the Constitution on numerous occasions. However, the rest of the parties represented in Parliament have an opportunity to do what is right today.

The consequences of land expropriation without compensation is real and could have devastating implications on a country already ravaged by unprecedented unemployment, a collapsing economy, sky-high food prices and poverty. Land reform should never be used as a tool to score cheap political points or to use the scars of the past to further divide our nation. It is now more important than ever to acknowledge that the Constitution is not the barrier to land reform but rather, corruption, constrained budgets and a lack of political will by the failing ANC.

The debate on expropriation allows the ANC a ‘get out of jail free’ card. It gives them the perfect cover to avoid having to explain their rank failure over two decades to take land reform seriously. Systematic issues in the land reform programme have proved to be the major stumbling block in the land reform process that has led to the over 90% failure of such projects.

The ANC and their policy directorate, the EFF, are forging ahead with their plans to further expand their Coalition of Corruption by equipping the state with enormous power to deprive citizens of ownership. The ANC has proven over the past 24 years that they are not equipped or willing to effect real land reform, rather using their power to enrich themselves and further exploit communities that have been waiting for the return of their land.

South Africa requires a land policy which will ensure that black beneficiaries of land reform are empowered and supported through adequate funding of such programmes, a ruthless rooting out of corruption, and the political will to implement properly. Where the DA governs we have prioritised urban land reform by creating homeowners out of nearly 100 000 beneficiaries, facilitate partnerships and provided adequate support and funding for emerging farmers. Surely this is true economic freedom and none of this would be achieved through expropriating without compensation.

The DA reiterates that South Africa doesn’t have a Constitutional problem, we have an ANC problem.

By arguing for expropriation without compensation, the ANC has been gifted the perfect scapegoat to explain away its own failure. Even if the ANC and EFF are determined to continue this misguided path, the Constitution will likely only be amended after the 2019 election. As such, South Africans have the opportunity to send a clear message at the ballot box next year, to stop the ANC and EFF from capturing a two-thirds majority and vote for a party that can deliver land reform.

The Democratic Alliance believes that South Africa belongs to all who live in it and we will continue to fight for the protection and expansion of individual property rights for all.

Issued by John Steenhuisen, Chief Whip of the Democratic Alliance, 4 December 2018