Riyaz Patel
The Helen Suzman Foundation (HSF) says the push to change Section 25 of the Constitution to allow for land expropriation without compensation is driven by political pressure, and the need by government to show that something tangible is actually being done.
The Foundation said government was trying to use a “perceived shortcoming” in the Constitution as a convenient excuse for its lack of progress on land reform.
The HSF called for the Bill to be scrapped.
Parliament’s Ad Hoc Committee dealing with the amendments has reminded stakeholders of Friday’s deadline for comments on the Bill.
The HSF said the Constitution already made provision for expropriation without compensation, adding that a lack of political will was hindering the implementation of an effective land reform policy.
“The government’s land reform efforts have been beset with corruption, inefficiency and incompetence. It has been a failure. In the words of a recent Constitutional Court judgment on the activities of the Department of Rural Development and Land Reform, ‘… it has displayed a patent incapacity or inability to get the job done.’”
In a separate development, organised business bodies including Business Unity South Africa (BUSA), the Banking Association SA (BASA) and the South African Property Owners Association (SAPOA) has voiced concern over a new proposal by the ANC that the courts be cut out as the final arbiter on expropriated land, and power to reside with ‘the executive,’ effectively the state.
Cas Coovadia, acting CEO of Busa and MD of the Banking Association SA, said both organisations would “totally oppose” such a move.
He said BUSA and BASA are opposed to the ruling party’s new proposal to weaken the powers of the courts in land expropriation cases.
“At a time that we need policy certainty, we don’t need such surprises coming up … The issue of land expropriation without compensation [EWC] is already contributing to uncertainty in the market and hurting business confidence,” Coovadia noted.
Meanwhile, the Southern African Agri Initiative (SAAI), in submitting its comments on the Bill, said it recognised the ANC’s motivation to amend the Constitution which was to make explicit that which is implicit.
However, it’s submission focused on the international legal aspect and the matter of zero compensation, asserting that it would “oppose any changes to the Constitution that would allow for expropriation without compensation.”
SAAI wants the Constitutional amendments to make clear that individuals cannot be expected to carry the cost of a national responsibility.
The organisation said it’s planning an international awareness campaign for 2020, highlighting land expropriation without compensation as well farm murders.
It said the first leg of the campaign would take in a visit to the Hungarian government and the Global Forum for Food and Agriculture in Germany.
