Three major criticisms of the government’s land expropriation position

The Presidential Advisory Panel on Land Reform and Agriculture has endorsed the proposed policy shift towards using the provisions of the Constitution to implement land expropriation without compensation (EWC). The panel said in a statement on Sunday.

“The majority view in the panel is that it is an inescapable fact that section 25 of the Constitution is compensation-centric. In other words, the notion and origin of “expropriation” draws from global examples where it is inextricably linked with some form of compensation.”

Land expropriation without compensation gets the green light

The panel had therefore offered a proposal for a constitutional amendment that clarified that EWC may be necessary in limited circumstances, but certainly in order to elevate the objectives of land reform.

The state was already empowered under section 25 of the Constitution to expropriate land for land reform purposes, but was required to pay “just and equitable compensation”. Whether, and when, such compensation could be set at zero had been the subject of debate over the past 18 months.

Issues with implementing land expropriation without compensation

There were differing views within the panel as to the necessity for Constitutional amendment. Parliament had already voted to amend the Constitution and a committee had been established to propose the nature of such an amendment.

The panel had suggested some wording that would serve as a clarification that compensation may be zero in circumstances that justify this, the statement said.

The panel was appointed by President Cyril Ramaphosa in September 2018 and presented its report in May this year. It was approved by Cabinet on July 24, the statement said.

Criticism of Land expropriation without compensation

However, the criticism from opponents was deafening on Sunday:

Food security “in major doubt” – Agri SA:

“If the recommendations contained in this report are implemented to the letter, food security for all South Africans will be compromised. Investor and business confidence are already low, and the last thing we need is further strain on the economy and the agricultural sector.”

Agri SA Executive Director Omri van Zyl

Racially-motivated policies – AfriForum:

“The underlying message of the report is that black ownership is good and white ownership is bad. To support this assumption, history and facts are selectively dealt with. “

“The report argues that on some parts of South Africa’s surface land ownership irregularities have occurred, but that racial-based land reform has to be carried out across the entire surface of South Africa.”

Deputy CEO of AfriForum Ernst Roets

Not unanimous, and communal land “at risk” – The DA:

“The presidential panel, headed by Vuyo Mahlati, was not unanimous in giving the green light for the amendment of Section 25 of the Constitution, for the expropriation of land without compensation. The panel’s outcomes therefore should not be seen to unanimously support expropriation of land.”

“Worse still, the report rejects providing land title and security of tenure to South Africans living on communal land. The DA is highly dismayed by this outcome. Denying title to communal land perpetuates the wrongs of our past, and denies ownership of land to hundreds of thousands of people.”

Thandeka Mbabama, DA Shadow Deputy Minister of Agriculture and Land Reform