Tag: Land Expropriation

Public Hearings on land expropriation

The Joint Constitutional Review Committee will this week hold various public hearings into the possible review of section 25 of the Constitution in the Western Cape.

The decision to hold public hearings follows a mandate by the National Assembly and the National Council of Provinces to ascertain whether a review of Section 25 of the Constitution and other clauses are necessary, to make it possible for the state to expropriate land in the public interest without compensation, and propose the necessary constitutional amendments where necessary.

WATCH:  Meshoe on land expropriation without compensation: “Two wrongs don’t make a right!”

WATCH:  ACDP says expropriation of land without compensation cannot be condoned

Details of this week’s hearings:


Date:  Wednesday, 1 August 2018
Venue: Oudtshoorn Thusong Centre, Oudtshoorn
Time: 11:00-16:00

Date:  Thursday, 2 August 2018
Venue: Recreational Hall, Beaufort West
Time: 11:00-16:00

Date:  Thursday, 2 August 2018
Venue: Citrusdal Thusong Centre, Citrusdal
Time: 11:00-16:00

Date: Friday, 3 August 2018
Venue: Swellendam Thusong Centre, Swellendam
Time: 11:00-16:00

Date: Saturday, 4 August 2018
Venue: Friends of God Church, Cnr Frans Conradie and Vasco Boulevard, Goodwood, Cape Town
Time: 11:00-16:00


See the full updated programme for the public hearings here.

Source: Parliament of the Republic of South Africa


Corruption in land restitution and redistribution process


“Deputy President, it is clear from the findings of the High Level Panel Report that, for the most part, the main source of anger among landless people is not Section 25 of the Constitution as some claim, but rather, it is due to corruption among government officials that has resulted in both land restitution and redistribution going to unknown people, and not those whose names are on claim forms and applications.

As some of the corrupt officials and politicians may still be involved in processing those claim forms and applications, what is government doing to ensure that the landless and poor people who have applied – rightly so – for their land, are provided with direct ownership of land, with title deeds to that land and not the corrupt officials who have the capacity to bribe other corrupt officials and politicians?”


“Thank you very much. I’m sure in the next two weeks – three weeks – the President of the country will announce a panel: a panel that would take forward all the land questions, issues and challenges. But, of course, we are mindful of the issues raised in the report, alleging that there were instances of corruption in the process of restituting land back to the people. And those will be investigated. That is an opportunity that will tell us how much land has been given back to the people, at what cost; what were the processes followed; how many claims are still left behind and what is the total cost of those claims. For us to move forward, we need to make a thorough audit of what has happened and what needs to happen. That will guide our way forward as we proceed with the land question.

Thank you very much.”

National Assembly Questions to the Deputy President in response to question by Ms T Mbabama (DA) who asked: “With reference to the findings in November 2017 of the High Level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change that the Government has failed to protect the right to tenure security of many South Africans in contravention of section 25(6) of the Constitution of the Republic of South Africa, 1996, what steps will the Government take to provide direct ownership of land to persons, such as communal residents, who have insecure rights?”
29 May 2018

Expropriation of land without compensation has historically destabilised economies and destroyed the hopes and dreams that freedom promises

The ACDP reflects with dismay and concern on a budget that instead of being increased in line with the obvious urgency of the land redistribution question, the land budget – which declined over the past few years – is now at the level it was in 2008 after the proposed 3% increase.

In speaking to the national budget for 2018/19, Minister Malusi Gigaba said: “The Department of Rural Development and Land Reform will accelerate the settling of restitution claims.

The progress of restitution of land has been very slow up until now with most rural claims not resolved, and poor implementation – and inadequate support – for resolved ones.  The limiting of restitution to dispossession after 19 June 1913 has also discriminated against KhoiSan people causing much uneasiness.

What we know is that at the end of Apartheid, about 80-million hectares of commercial farms were owned by 60,000 families, and 13-million black people were crowded into homelands or Bantustans. The new government promised people access to land on an equitable basis with legally secure tenure and the expectation was created that 30% of white owned land would be redistributed within five years.

By 2014, about 700 million hectares, amounting to 8% of white-owned agricultural land, had been redistributed. Although the Constitution allows for compensation that is “just and equitable,” government chose to redistribute land at market value on a ‘willing buyer, willing seller’ basis. Interestingly access to land on an equitable basis has not in more than 20 years been interpreted judicially.

I know personally what an uphill battle it was for me when I tried to convince an ACDP congress that supporting market value as opposed to an equitable basis as expressed in the Constitution, would increase the risk of the demand for far more drastic measures down the line.

The ACDP understands however that for socio-economic justice to be a reality, land redistribution is necessary and expropriation is inevitable. Expropriation of land without fair compensation, however, cannot be condoned.

As the Minister of Housing said yesterday, “the failure or success of our human settlements expansion programme depends on accessing and releasing optimally located land. Houses can only be built on land which is suitable and well located”.

People need rooves over their family’s heads and land is needed for this purpose.  Title deeds must, however, unconditionally be in the hands of the people of South Africa.

The ACDP calls on government to champion a pragmatic land redistribution drive guided by the principles of equity and justice. The Zimbabwean example having been shown to be socially and economically hazardous even if politically appealing in the short term is not an option.

Expropriation of land without compensation has historically destabilised economies and destroyed the hopes and dreams that freedom promises.

NATIONAL ASSEMBLY DEBATE: Budget Vote 39: Rural Development and Land Reform
11 May 2018

No land expropriation without compensation

The ACDP has always acknowledged that there has been historical socio-economic injustice in South Africa around the question of land ownership, and our black population has been at the receiving end of forced dispossession. That is why the ACDP supports fair, legal and just reform and land redistribution.

This past weekend, the ACDP had a guest speaker Dr Tunde Bakare (the future President of Nigeria), who gave us his insight into the subject of expropriation of land without compensation.

Among other things, he said that for socioeconomic justice to be attained, land redistribution is inevitable. However, the Zimbabwean model is equally unjust, socially hazardous and economically unviable, even if politically appealing in the short term.

He continued to say, and I quote: “expropriation of land without compensation is an aberration under international law. The property, even of an alien, cannot be taken for public use without adequate compensation. This is in line with natural justice and takes into consideration the fact that the current owners have added value to the land in the form of investments.

Resolving this matter requires inclusive policies such as those that helped create a post-Apartheid South African nation under the leadership of Nelson Mandela; hence, nationhood must be the overriding objective.

The state must champion a pragmatic land redistribution drive guided by the principles of equity and justice (close quote).”

The ACDP will therefore not support this motion before us, because we believe that the expropriation of land without compensation is another forced takeover of land which involves paying evil with evil. Honourable members, two wrongs do not make a right. The fact that they Apartheid government forcefully disposed black people of their land does not justify the democratic government repeating the same evil.

Expropriation of land without compensation has historically destabilised economies as it destroys investor confidence and scares foreign investors.

The ACDP will not place ownership of land into the hands of the State, which would then lease it to citizens. True economic freedom and productivity is guaranteed more by innovation, industry and productivity, rather than by radicalism and rebellion.

The ACDP calls on all parties in this House to help build one nation under the Almighty God who desires that the profit of the land be for all its people, regardless of one’s colour, gender or creed.

NATIONAL ASSEMBLY DEBATE: “Draft Resolution (Mr J S Malema): Expropriation of land without compensation”
27 February 2018