POLITICS

Green Paper on land reform aimed at fooling blacks - AZAPO

Koti Jacob Dikobo says the ANC govt attempting to intimidate the judiciary

As part of its political deliberations on current affairs, the national leadership of AZAPO at its Central Committee meeting held in Johannesburg on the 03rdand 04th March 2012 reflected on a number of important national issues. This media briefing outlines AZAPO's position on:

1. The Green Paper on Land and Agrarian Reform

2. Cooperation with other opposition Political Parties

3. Call for a Referendum on abolishing provinces

4. Transformation of the judicial system and judiciary.

1. The Green Paper on Land and Agrarian Reform

AZAPO notes that land is a primary source of wealth and an intrinsic measure of nationhood. To the indigenous people land is sacred and a natural resource. This then explains why the land issue is such an emotive issue.

AZAPO is of the view that any land reform policy in South Africa should be based on the understanding that land belongs to the state, which in turn holds it in trust for the nation. The Green paper on land and agrarian reform fails to acknowledge this fact. Of concern to AZAPO is the assumption that land dispossession started with the 1913 Land Act.

It was a systematic process that was done through settler colonisation. Subsequent to this, in 1909 the Union of South Africa Act formalised land dispossession in South Africa, with the 1913 Land Act giving legislative effect to land dispossession. It is therefore misleading to focus on 1913 as the starting date for land dispossession.

The other problem is the cut off date of December 1998 by which claimants should have lodged their land claims. AZAPO argues that not enough propagation and awareness was done so as to inform communities and the nation of the right to reclaim land.

In its current form the Green paper entrenches poverty of black South Africans because it takes its cue from the property clause protecting white ownership of stolen land. This is the major weakness of the Green paper. The green paper also introduces albeit back door the "use-it or lose-it" policy which will lead to communities losing their land.

That vast tracks of arable land is underutilised is indicative of the current government's failure to provide comprehensive post settlement support. Some black communities were placed on arable land, but were not capacitated to use the land productively, nor did they have skills to explore their mineral rich land. And we shall not go into the Land Bank Scandals . AZAPO argues that under such circumstances "the use-it or lose-it" approach is not ideal.

Government is obliged to re-skill communities so that they can use the land productively. In addition, communities should be provided with all the necessary support so as to be successful in the utilisation of the land. As things stand the current system translates into a grand but blatant system which deceives landless black communities.

Judging by its content the Green paper on land and agrarian reform is a sophisticated way of fooling black people into believing that government is addressing their concerns of landlessness. If anything the paper tries to deflect attention away from government's failure of meeting its target of 30% restitution of land. There is an urgent need to educate communities on land restitution and its associated legal processes.

2. Cooperation with other opposition political parties

AZAPO noted the need for opposition parties in parliament to cooperate on issues they agree upon. For example rooting out corruption and opposing the Secrecy of Information Bill. For AZAPO such cooperation should therefore be in the national interest. AZAPO cooperates with other opposition parties on condition that such cooperation is issue based and that such cooperation should not be misunderstood to constitute mergers.

In this multi-party cooperation AZAPO insists on retaining its identity as a socialist party espousing black consciousness. This notwithstanding the Central Committee resolved that AZAPO continue to cooperate with other opposition parties in parliament on issues that are of national interest. It is on this basis that AZAPO will participate in the public meeting to be held at the Khayelitsha Centre on 19 March 2012. In this meeting opposition political parties will speak against corruption and the Secrecy of Information Bill.

3. Call for a Referendum on abolishing provinces

AZAPO notes the State President's challenge to all those who call for the scrapping of provinces to make a convincing argument and to provide reasons why provinces should be abolished. The scrapping of provinces speaks directly to Chapter 5 of the Constitution of RSA, specifically sections 100 and 139. The former refers to powers of national government to intervene in affairs of provincial government, for purposes of governance and financial management. The latter relates to powers of provincial government to take control of municipalities for purposes of restoring financial stability and efficient management.

AZAPO notes that these sections have also been used to further political interference and internal party political battles at the expense of delivering service to the citizens. The scrapping of provinces has constitutional implications and will impact on citizens of the country. Political parties have expressed their position on the abolition of provinces, but we have not heard what the citizens of the country have to say on the call to abolish provinces. 

Therefore AZAPO calls for a referendum on this issue.

In any democracy the will of the people should reign supreme! To this end AZAPO believes a referendum is the appropriate tool through which the will of the citizens of SA will be expressed on the scrapping of provinces. Through the referendum the State President and government will hear what citizens have to say on the scrapping of provinces. A caring and responsive government will do the honourable thing i.e. heed the call for a referendum! A referendum gives expression to the views of ordinary people on governance issues. It is a barometer of measuring public opinion on an issue of national interest and importance such as the scrapping of provinces.

4. Transformation of the judicial system and judiciary

The separation of powers and the rule of law are the basis for a democratic state. These principles have proved to be a challenge to the ANC government hence the tension between government and the judiciary. Since time in memorial the judgements of the courts have always impacted on the rights of the citizens among themselves as well as between the citizens and the state. It boggles the mind why the government wants to review the impact of the judgements on government.

AZAPO views the approach by government as an attempt to intimidate the judiciary and interfere with the independence of the judiciary.

AZAPO supports the transformation of the judiciary. However AZAPO cautions against the use of transformation by government as means to achieve nefarious objectives. 

Statement issued by Koti Jacob Dikobo MP, AZAPO President, March 4 2012

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