STATEMENT BY DIRECTOR GENERAL OF LAND AFFAIRS
15 JULY 2005
This debate clearly indicates that entering the second decade of our freedom it is essential and critical that we begin to look back at the road that we have traveled thus for, asking ourselves what progress has been made in implementing the land reform programme and whether the current land policies, strategies and legislation are adequate to enable us to successfully and speedily implement land reform. Certainly the recommendations made by the delegates who attend the ANC National General Council were not just wishful thinking but were precisely informed by this kind of an assessment The logical next step then is for all South Africans to thoroughly examine these recommendations and other land-related issues with a view to accelerate the delivery of sustainable land and agrarian reform. The coming national land summit is the platform that will provide South Africans from ail walks of life to express their views in this regard and also, importantly, to find practical solutions resolve the land question which arose as a result of the history of land dispossession.
Surely, as we grapple with the question of the pace of land reform which has arisen in recent years, the ownership of land by foreigners has been sharply raised by grassroots' communities who are directly affected by sale of prime land to foreigners. Of major concern relating to this are the native effect of the high prices at which the land is sold on prices of neighbouring land that may be needed for land reform purposes and denial of access of communities to public places such as the seaside. Contrary to some land reform critics’ assertion that the talk about ownership of land by foreigners diverts attention from the real shortcomings of land reform, the Department of Land Affairs including the Commission on Restitution of Land Rights are increasingly finding it difficult to provide financial assistance to land reform beneficiaries to meet the exorbitant prices of land caused by, among others, effect of sale of land to foreigners who come with their dollars and pounds which are stronger currencies in relation to the rand.
Of course, it is not surprising for estate agents to argue against a moratorium or restrictions of sale of land to foreigners - the more foreigners come in and buy land at high prices, the more profits they make. It is not at all about scaring foreign potential investors. Foreign investors are largely interested in ownership of land. They would like to be provided security of tenure to allow them to conduct their business with certainty. Provision of security of tenure does not necessarily require ownership. There are other tenure options such as leaseholds to achieve the same objective. At this stage from the government's perspective it is premature to come up with arguments either for or against ownership of land by foreigners on the basis of the extent of land in foreign hands. The Minister for Agriculture and Land Affairs, Thoko Didiza has appointed a panel of experts to look a this matter and come up with their findings and recommendations. These would determine what policy position the government would take on this matter. However, whatever the outcome o the investigation, nothing stops government from restricting ownership of land by foreigners. This is quite common even in developed countries such as Canada and some European countries.
Regarding the so-called Property Clause (Section 25 of the Constitution) it is worth noting that a thorough reading of the clause will reveal that it prevents wholesale opening up of land redistribution to the whims of the market. Indeed, the intention of the drafters o the Constitution was to ensure that the kind of land dispossessions that took place before and after 1913 (the year of the promulgation of the Natives' Land Act) never again happens in South Africa as well as to ensure that there was redress from the historical injustice of land dispossession. To achieve this it (I) protect: properly rights by spelling out the manner o deprivation and expropriation of such right and (2) defines the public interest as inclusive of the nation's commitment to land reform for purposes of expropriation. In addition, it doe not say that a property owner whose property is being expropriated or acquired must be paid at market value, 0nly just and equitable compensation, which may not be necessarily market price, is provided for. The willing seller, willing buyer approach is a policy choice that the government made in the spirit of national reconciliation and nation-building, hoping that land owners who happen to be white would seize this opportunity to demonstrate their commitment to land reform and therefore to national reconciliation and nation-building. However.eleven years down freedom lane, most, if not all black South Africans, are disappointed that white land owners has this as an opportunity to enrich themselves by insisting on being paid market price (which in many instances is inflated) resulting in protracted price negotiations that contribute to slowing down the pace of land reform. Therefore, those who are-concerned about the recommendation of the ANC National General Council that proposes a review of the Section 25 of the Constitution must look at it against this background. They should be rather focusing on how they are going to assist government in ensuring that white land owners commit themselves to national reconciliation and nation-building through land reform.
Finally, as earlier stated, let us take this debate to the coming national land summit with the sole purpose to come up with practical solutions to the challenges facing the country in implementing land reform as well as commitment of material and intellectual resources by all to accelerate the process. Let us come out of the summit with a well-defined programme of action to address the challenges and constraints of land reform, clearly defining the contribution, roles and responsibilities of every stakeholder in the process. This will ensure that, indeed, the summit does not become another talk shop. It is incumbent upon all South Africans, to make land reform work. It is worth noting that to achieve this, government has invited a whole range of stakeholders -from big business to community- based organisation including farm dwellers, people living in informal settlements and communal areas - to participate in the summit. Further more the non-governmental sector has been invited- to participate in the planning process in preparation for the summit. This reflects the seriousness with which the government is approaching the process of land reform and the summit
DEPARTMENT OF LAND AFFAIRS DIRECTOR GENERAL MR GLEN THOMAS