Melmoth is test case of why state custodianship of land is bad policy 

5 July 2021

The Department of Agriculture, Land Reform and Rural Development’s (DALRRD) anti-land restitution campaign in Melmoth, KwaZulu Natal, is a confirmation that state custodianship of land, as advocated for by the ANC/EFF coalition, will be bad news for communities struggling to obtain rights to their land.

Ever since the communities in Melmoth were awarded their land claims, they have been subjected to an endless run of court cases by a Department that stubbornly refuses to transfer the land and to get out of agreements that the state signed on their behalf.  The affected communities include:

Isizwe SakwaDludla Community Trust

Mthonjaneni community

The Melmoth communities were given their land back, as part of a restitution claim, in 2018. Each community was awarded high value and highly developed farms. Instead of fulfilling its responsibilities as required under the Land Restitution Act, the DALRRD instead prolonged the process in order to take a ‘guardianship’ role over restituted land claims.

While denying these communities their rights, the Department seemingly entered into agreements with third parties to manage the affected communities’ land (see an example here and here). The communities have essentially became tenants of the state under the ‘management’ of these third parties.

The actions of DALRRD are in direct violation of Land Restitution Act (Act No.22) of 1994 which was enacted to ensure equitable land redress to victims of land dispossessions committed by the apartheid government. Land restitution claimants, who were mostly vulnerable groups in rural communities, were to be given the necessary support to enable them to initiate sustainable farming enterprises.

As the Melmoth case has shown, the DALRRD has become a major hindrance towards the realisation of the Land Restitution Act’s objectives. The Department has shown, repeatedly, that it would rather retain exclusive control on land than allow marginalised communities full access to land.

The struggle that the Melmoth communities have endured at the hands of the DALRRD is a forewarning of how state custodianship will worsen the plight of tens of thousands of land restitution claimants who have waited for years to have their cases settled.

What is clear is that the state is adamant on keeping control over restituted land by not adhearing to the will of communities. How can it be allowed to lock claimants into agreements with third parties while processing land that must be transfered to claimants. It is clear that the ANC government wants to keep South Africans dependent on the state. This is precisely why the DA is taking a firm stand against the amendment of Section 25 of the Constitution because it will trample on people’s right to justice and ownership of private property.

Issued by Annette Steyn, DA Shadow Minister of Agriculture, Land Reform, and Rural Development, 5 July 2021