Last month, Parliament through a hybrid system voted to re-establish the ad hoc committee, mandated with the task of amending section 25 of the Constitution.
This is the most important aspect of land reform because without state custodianship there will never be equitable redistribution. Piece by piece land repossession will be disastrous and further delay the long overdue land redistribution programme which has dismally failed since the end of formalised colonialism and apartheid.
Section 3 of the MPRDA emphatically states, “Mineral and petroleum resources are the common heritage of all the people of South Africa and the state is the custodian thereof for the benefit of all South Africans”. Due to South Africa’s cruel history of barbaric racism that was underpinned by the colonial dispossession of land from the black majority and Africans in particular, state custodianship is the only rational and logical option towards equal redistribution of the land.
For instance, land that is given to Ford automotive for the recently unveiled auto special economic zone in Tshwane can’t be used for any other purpose despite industrial expansion. Category A plantations with a total of 71 state-owned plantations are managed by private companies leasing the land from Daff for a minimum period of 70 years. The companies are MTO Forestry Ltd; Amatola Forestry Ltd; SiyaQhubeka Forest Ltd; and Singisi Forest Products Ltd.
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