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Tag Archive | land reform

Sixth Parliament will debate Expropriation Bill…

Expropriation Bill top subject for new parliament….

sent to clients early Jan 2019….

In December 2018, a new draft of the Expropriation Bill was published by government gazette with a 60-day period for comment.   This means the final document will no doubt become the kingpin of debate in the first session of the new Parliament. It will also form the basis of much comment by President Cyril Ramaphosa in his second State of the Nation Address.

Not many were expecting a final legislation proposal for comment so soon after the ConCourt constitutional decision on the subject.  Land restitution, as distinct from land reform, is the kind of hot-potato subject that many say should never be debated just before an election.  With the whole issued being overlaid with a tinge of fear, it is also an ideal subject for fake news, they say. 

Read more….Expropriation Jan 2019

Posted in Agriculture, cabinet, Finance, economic, human settlements, Justice, constitutional, Trade & Industry0 Comments

Communal Property Bill part of land reform

From Aug/September ParlyReport….

Communal Property Bill posted 7 10 2018

Posted in Agriculture, Cabinet,Presidential, Finance, economic, Justice, constitutional, public works, Special Recent Posts, Trade & Industry0 Comments

2019 to see final debate on land expropriation

Land expropriation no compensation now proposed.. 

sent to clients 8 July 2018….

Parliament is about to debate one of the most loaded issues since its formation under the new democratic dispensation in 1994; that of acquiring without compensation land as part of the current land reform programme.   

Whether President Ramaphosa wanted such a debate before or after elections is not the point anymore. The moment has arrived and Parliament is to consider an EFF motion to consider the proposal. This will maybe force the ANC’s hand in joining the bandwagon and to endorse the “no compensation” approach under defined circumstances.

However, many feel that such a labourious route need not be undertaken to achieve the same end.

Read more..….land reform July

 

Read

Posted in Agriculture, cabinet, Justice, constitutional, public works, Trade & Industry0 Comments

Communal Property Bill assists land reform

Reform assisted on communal property 

communal-land-4…sent to clients 21 Oct….The tabling of the Communal Property Associations Amendment Bill could represent a major advance in bringing order to many aspects of government’s land reform policy. In essence, the Bill will ensure that householders have security of tenure and thus have the ability to raise capital before they enter into any agreement on the management of communal land.

The new Bill focuses on developing the practical and legal aspects of ownership of communal land by a communal property association (CPA) whilst at the same time providing security of tenure with a new initial procedure of naming householders to benefit. The draft has now been approved by Cabinet.

Whilst the thrust of government policy on land reform has always been to bring ownership ofland-reform self-sustaining agricultural land to previously disadvantaged communities, the process has been much bedeviled by conflict over land falling under the control of traditional chiefs; the inability of small farmers to raise finance without title and, most important, for households able to enjoy security of tenure.

Communal confusion

An unintended consequence of the original CPA programme launched by government has been that government has not wished to involve itself, nor has any investing entity for that matter, in the community strife and argument over communal land, a feature of many CPAs. Consequently, the CPA system has demonstrated its inability to involve itself in loans, any state support, or receive the support of agricultural assistance programmes.

community-farmIt might be said that CPAs as a structural system is “off the banking radar”, a fact which MPs in parliamentary committee meetings have complained of a number of times.

As a result, expensive trusts have become the order of the day, banks preferring to deal with such entities and even government itself having to use them because of the informality of a CPA and the inability of loan applicant to show security.

The objective of the Act when it was signed into law was to create a new form of juristic person to allow disadvantaged communities to acquire, hold and manage property in common. A community that qualifies in terms of the Act can therefore, on the basis of agreement contained in a written constitution, form a legal entity (the CPA) and thereby become owners of property, including land, via the CPA.

Agricultural reform

A CPA as it currently stands allows its members to become owners of land which has been “prioritised for the provision of infrastructural support to land reform farmers to enable them to create sustainable jobs and alleviate poverty.”

However, over the few years since CPAs were established, it appears from parliamentary Lesedi traditionalportfolio committee meetings, that things have not gone well. In some cases, traditional chiefs had intervened and gained control of land previously under the aegis of the members of a CPA. Meanwhile, traditional chiefs had complained that CPAs were acting like “chiefdoms” in themselves, the department told parliamentarians.

Tweaking and compromising

Some attempts were made by the Department of Rural Development and Land Reform to persuade CPA members to appoint traditional chiefs on an “ex-officio basis” but the situation remained untenable, not necessarily just because of the problem of traditional control but because, due to shortage of staff, they said, had no ability to monitor the situation and no picture of what land was under CPA control, where CPAs were, and their needs.

In addition, no measurement of outcome of any schemes appeared possible, Opposition members complained. Quite clearly, they said, the NDP land reform programme has not been successful to date. Whilst the idea had been along the right tracks, it seemed the system was patently in trouble.

Green Paper study

After two years of investigation, in 2014 the Ministry, produced a Green Paper on the subject. After creating communal property ownership rights, the new proposal in the Paper was to secure individual tenure to each household beforehand, be it a farm-dweller or tenant, and for each household to own its rights at law before the CPA was formed to lock into this.

land-reform-5As per the Act in force, it would be possible for a community or group of persons to have access to a registered title to land through common or joint ownership with every name included (in a deed of transfer) or through a trust (with title vesting in the trustees) or a juristic person (with title vesting in that legal entity). Once registered, the CPA would become a juristic person – that can sue and be sued. It could acquire rights and incur obligations in its own name, in accordance with a CPA constitution.

In a policy statement, a Bill was proposed along these lines with a CPA constitution as before dealing with sub-divisions, servitudes, the right to encumber with a mortgage, deal with leases and settle disputes – all essential to the development of the area concerned but in respect of nominated persons giving those persons therefore security of ownership.

The bigger picture

The new Bill therefore speaks to a process to align a CPA to the broader land reform mandate in terms of the policy statement. The Bill also says a Communal Propertyland-claims-court Associations Office is to be established which is headed by a Registrar of Communal Property Associations. As a result, CPAs will be better equipped, it is felt, to take part in development; its status is recognised and is known to government; and has a secure system of tenure established as a base for ownership.

DHA said the plan was to clearly establish the connection between the land itself and those who live on it and depend on it for agricultural income. With more clearly established security and a need to register for compliance, it is hoped that a CPA structure will present a more viable face to the investing world.
Previous articles on category subject
New approach to land reform – ParlyReportSA
Restitution of Land Rights Act reversed – ParlyReportSA
Land Holdings Bill joins state acquisition trend – ParlyReportSA

Posted in human settlements, Justice, constitutional, Land,Agriculture, LinkedIn, Special Recent Posts0 Comments

Expropriation of land stays constitutional

Minister now quoted in Parly minutes…

In a press media briefing and subsequently in a meeting of the rural development and land reform parliamentary portfolio committee, minister Gugile Nkwinti confirmed that the whole process of land restitution for black persons dispossessed of their land was to be re-opened for a period of five years.   Under questioning, he confirmed that no constitutional changes were envisaged.

During the course of the minister’s departmental presentation on strategy leading to the budget vote, a week later in Parliament, the minister, when confronted by opposition MPs asking for a direct answer as to whether he would call for constitutional change on property rights or not, replied that there was “no such question arising.”

There was considerable satisfaction from opposition members as a consequence since such a statement, they said after the meeting disposed of fears of arbitrary state expropriation of land.

WSWB gone

Nevertheless, the minister was clear in his responses that the process of “willing seller, willing buyer” had been abandoned as a state mechanism.  He emphasised that whilst the principle of market valuation would still apply, it would be up to the new state valuator to establish price and not the parties involved to barter, sometimes endlessly, he commented.

Subsequently, in the newly proposed Bill on property valuation itself, the position was more clearly expressed with the proposal of an office of a Valuer-General,which the department said in its briefing to parliamentarians, had been necessary in order ” to establish an entity to carve through the current settlement process”.

The minister stated during his briefing at the time to parliamentarians that since its inception, the state’s restitution programme had benefited some 370,000 households.   This meant, he said, that some 1.83m persons had benefited so far from the process, as against an estimated 3.5m people who had been “forcibly removed from their land as a result of colonialisation and racial and discriminatory laws”.

The new closing deadline for lodgement of land claims has now been set for mid 2019 and a booklet on how to lodge a claim was circulated amongst members and which is now in public circulation.

The minister emphasised his point that claim forms would not be distributed but that  claimants, whether they be a direct descendant, a juristic person such as a company or trust  or a “representative of a community”, who felt they had a right because they were dispossessed of land rights had to call first upon a land affairs lodgement office.Mobile lodgement offices would visit all areas, the department told MPs, and the lodgement process required no fees.

Backlog

Under questioning, the minister confirmed that over 8,000 claims were still outstanding from the previous lodgement process and that these would be finalised with the new process now being instituted.    R24bn has so far been expended in financial settlements or land purchases.

The minister said he had not set a target for any new claims but he was confident that the programme would be achieved at a faster rate this time around because claims could be lodged electronically.

Disquiet was expressed by some MPs that land acquisition and financial compensation were the choice for claimants.   Some MPs expressed the view that they were “uncomfortable” with a monetary solution as a solution to dispossession as this almost amounted to a bribe.

DA MP Thomas Walters said in his view the reason for the slow rate of land occupation was not, as the ANC claimed, the result of whether or not there was a solution on the willing-buyer, willing-seller principle but rather a reflection of the fact that 92% of land claimants preferred to take cash pay-outs instead of working the land and creating jobs.

Minister Nkwinti stated that both avenues of compensation were a correct solution since in all approved cases, the parties had been wronged and deserved redress.

What started the latest row

As part of the package, minister Nkwinti said, he had made a further proposal, much publicised, that farm workers would be enabled by law to have a share of the land they have worked on according to their service in years.     Public comment had been called for and the results would be put to Parliament.    Only then could the final result become a debatable issue.

Minister Nkwinti made special reference to the complex issues surrounding land acquisition and land claims in the Western Cape, which he said were “very complex”.    In answer to questions on the Khoi and San issues and their claims going back further into South Africa’s history, the minister said the current process was to reverse the legacy of the 1913 Native’s Act and the damage caused by apartheid.

However, he said, some sort of agreement had to be made on the Khoi and San issues and in one instance already such matters had been dealt when applicants had asked for preservation of an area as a heritage site and government had made the acquisition accordingly.    A separate report to the President’s Office was to be made on the Khoi and San issue.

EFF members of the committee rejected the proposals as unworkable and said they “would not turn around the situation where the majority farm workers who had been evicted over the years would see redress and where 40,000 white farm owners remained owning agricultural land.”

Other articles in this category or as background
//parlyreportsa.co.za//cabinetpresidential/new-approach-to-land-reform/
//parlyreportsa.co.za//cabinetpresidential/minister-says-need-for-legislation-on-land-reform-a-priority/

Posted in Facebook and Twitter, Justice, constitutional, Land,Agriculture0 Comments

Land reform: Something very sad is going on

Apartheid debate goes back to land reform….

Minister Manuel and President Zuma are said to have repaired their relationship over Manuel’s demand that the governing party and state departments overcome their obsession of blaming apartheid for all their non-delivery performance statistics such as land reform, which excuse has also been constantly appearing in parliamentary and departmental report backs.

However, there lies a much deeper controversy building and this is maybe why the subject of apartheid, being such a dead-end route, was again raised.

Traditional roots

reed danceIt all goes back to disruption appearing at grass roots level in the apparent attempts by the ruling party to ignore gender “apartheid” in rural areas and what has been described as “locking approximately 16 million people into tribal land divisions ruled by customary law and baron chieftains”, areas originally defined in many cases by the dreadful Land Acts of 1913 and 1936.

But how does this affect business and industry since the matter seems so unrelated to the daily grind and to the economics of running a mining house, an investment business, a manufacturing plant or a marketing venture?

It deeply affects us all in the same way that the failure of the rail system means that commuters can’t get to work and in this case, where delivery of service and utilities goes back to apartheid structures that were unfair, caused fifty years of bloodshed and delivery service is so poor. People, mainly workers, get unhappy, cause unrest and may strike.

Apartheid was about land

We only have to look north from the Middle East to Zimbabwe to see it happening everywhere.   Land is usually the issue that provides thelandseizures grenade pin but refusal to reform is probably the catalyst.

Trevor Manuel is right, of course, from the aspect that we should get on with job of re-building the country and not find lame excuses such as playing the apartheid card as reasons for failure. The explosion from ANC policy makers was immediate and it seemed that Manuel had scored a bulls-eye.

President Zuma responded directly bearing in mind that he leads a determined effort to reinforce legislation that provides support powers to traditional chiefs, originally bestowed in the apartheid years to re-enforce the hated Bantustan division of land, thus re-enforcing the same divisions in what appears to be a chase for rural political power.

Bantustans or homelands

homelandsOriginally apartheid was implemented at every level of society: education, transportation, business, entertainment, employment and religion but at its most fundamental level it was about control of the land. This still forms the base of the problem.

Laws in this area introduced by ANC are the Traditional Leadership and Governance Framework of 2003; the Traditional Courts Bill; some eight provincial leadership laws and now before Parliament is the National Traditional Affairs Bill which attempts to bolster the chief’s monopoly on rural land.

All this in the light of the current and completely opposite Restitution Act of 1994 on the statute book on the one hand existing and now supported by the introduction of an Expropriation Bill on the other, all of which seems the very antithesis of support being given to leaving vast tracts of land in the hands of chiefs who govern by their own set of rules and laws.   Traditional courts.

In Britain, the monarchy lost its judicial powers hundreds of years ago and in France the monarchy was simply eradicated.houses of parliament In South Africa, we don’t seem to be able to make up our minds.

It would seem that aside from making a mockery of the land reform programme, the ANC  is courting not only a constitutional challenge, a subject bound to be raised in Parliament when the Bill is debated or even during parliamentary hearings, but the alienation of a vast section of his own progressive supporters.

UCT logoSays University of Cape Town on its Research Centre For Law and Society website, “The Traditional Courts Bill has raised numerous questions as to whether traditional courts should have criminal jurisdiction at all, and if so, which kind of offences they should try and what sort of punishment may be imposed.”

“Our research on traditional courts in one area reveals that cases undertaken in traditional courts include assault, murder and rape, to name a few, indicating that social contact crimes are at times being dealt with by the traditional justice system.”

“On the other hand”, says the article on the website, “it is evident through SAPS reports that certain crimes, such as property-related crimes, although they can be dealt with through traditional courts, are nonetheless taken to the police. This indicates not only a fluid relationship between the two justice systems, but also a blurring of categories of crimes.”

Blurring of constitutional issues is, however, a lot more serious. Especially on the land ownership issue.

Associated articles archived:
//parlyreportsa.co.za//justice-constitutional/spatial-planning-land-use-management-bill-moves-on/

//parlyreportsa.co.za//cabinetpresidential/minister-says-need-for-legislation-on-land-reform-a-priority/

Posted in Cabinet,Presidential, Justice, constitutional, Land,Agriculture0 Comments


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