The Joint Constitutional Review Committee (CRC), which is tasked to look into a possible amendment of section 25 of the Constitution, today started its process of oral presentations in Parliament.
This is the next part of the process emanating from the written submissions, where this time the committee invited stakeholders to Parliament who had indicated they would like to make oral presentations.
The Co-Chairperson of the committee, Mr Lewis Nzimande, said the oral presentations are a continuation of the provincial hearings, with the same weight being given to all presentations.
First for the day was Agri-Business, which said that a successful land reform needs to ensure long-term sustainability. It said no amendment of section 25 is required to achieve the outcomes of inclusive growth and job creation, and the extension of property rights to the majority. It said inclusive growth was imperative, given the history of dispossession and skewed patterns of ownership. It suggested a public/private partnership model, with a combination of development finance.
In its presentation, Grain SA cautioned against mining companies that are consuming large amounts of agricultural land. The organisation said if this is not addressed; South Africa will run out of food in five years’ time. It argued that title deeds are rather key to addressing the plight of existing farmers, as black farmers struggle to get loans from banks without proof that they own the land. Last year about 70% of black farmers who are on their database could not plant due to lack of finance.
Prof Elmien du Plessis from the Faculty of Law at the University of North-West, said section 25 need not be amended to achieve a just and equitable land reform. Prof Du Plessis, who did her PHD degree on the matter of expropriation, said expropriation of land is only one tool to achieve land distribution. She also suggested several test cases before the courts in order to take the matter forward – and in order for the courts to determine what is “just and equitable” refer to. She agreed that land ownership needs to change, the challenge is how?
Alliance for Rural Democracy said expropriation should not just refer to agricultural land as people are moving to the cities. She is against the amendment of the Constitution.
Dr Richard Satge from Phuhlisani, said some of the unintended consequences of expropriation without compensation is not thinking how this could affect farm workers who could be without a place to live in.
The Congress of South African Trade Unions (Cosatu) said although it is in support of empowering government to expropriate land without compensation, it cannot be a blanket approach. The labour federation said it is concerned about instances where its own members such as teachers, would lose their property due to expropriation of land without compensation. It said in such cases some form of compensation should be paid.
The hearings continue tomorrow.
By Rajaa Azzakani
4 September 2018
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