No more excuses for land inertia - The Mail & Guardian

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In the second of a three-part series on South Africa’s land question, Tembeka Ngcukaitobi says the constitution is clear: land seized under colonial states must be returned. But there is only policy confusion and elite possession

contained a legally enforceable framework for the fundamental transformation of land relations.

Things began to slow down, then stagnated, then fell apart. Precisely when this occurred is not easy to date, but figures presented by the Institute for Poverty, Land and Agrarian Studies at the University of Western Cape point to signs of decline in the land reform programme some 15 years ago already. More people living in farms lost their rights of residence.

The department wasn’t doing better either. Under the law, it is the function of the department’s director general to administer the labour tenancy programme, whose primary aim is to facilitate the acquisition of land for the benefit of labour tenants. Claims for the ownership of land had to be submitted by March 2001. More than 11 000 claimants came forward. But they were met with “administrative lethargy”. Nothing happened.

We have no clue of what the ANC’s understanding of state custody is. The ANC doesn’t appear to know either. On 3 June, its parliamentary representatives proposed a new section 25, which reads: “The state must take reasonable legislative and other measures, within its available resources, tofoster conditions which enable state custodianship and for citizens to gain access to land on an equitable basis.

Public deliberation is not only necessary for reasons of legitimacy of the ultimate decision, it is also required to test the extent to which the forms of custodianship under consideration will affect existing security of tenure and facilitate access to land on an equitable basis. The Constitution guarantees security of tenure and equitable access to land. Any constitutional amendment cannot result in tenure which is less secure or limit access to the land by the people, who need it.

 

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Tembeka is correct land needs to return back.

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