A delegation of the Joint Constitutional Review Committee, which is led by the committee’s Co-Chairperson Mr Lewis Nzimande, began public hearings today in Mthatha on whether to amend section 25 of the Constitution of the Republic of South Africa to make it possible to expropriate land without compensation.
Mthatha’s Town Hall was packed with ordinary people and representatives of organisations from the OR Tambo District Municipality and nearby district municipalities to express their views on the issue of land redistribution. The organisations that were represented included farmers in the OR Tambo region, labour unions, non-governmental organisations (NGOs), civic- and faith-based organisations.
Appreciating the attendance of the public to the hearings, Mr Nzimande said the delegation was happy with the attendance which he said indicated a great deal of the spirit of patriotism which the people of the region have. He explained the purpose of the hearings and urged the people to use the opportunity presented by the hearings to express their views on the issue – and to keep a level of tolerance during the hearings as all the views must be freely expressed. Furthermore, he appealed to the people keep the rules of participation.
Expressing a word of welcome to the delegation on behalf of the King of Abathembu, Chief Zwelenqaba Mgudlwa and who is the King’s spokesperson, said the involvement of all South Africans in the form of public hearings on the issue of the redistribution of land is an interesting paradox. He said it’s an involvement of the recipients of the land that was taken by the violence of the powerful system of colonialism, and the descendants of the rightful owners of the land.
Chief Mgudlwa said although the Abathembu clan does not promote the reopening of the wounds of the violence of collonialsm through which black people were dispossessed of the inheritance of the land they got from their ancestors, it must be highlighted, however, before talking about the amendment of section 25 of the Constitution for redistribution, that the land was taken by force from its rightful owners, the Kings of the indigenous people of South Africa. “We must reiterate that fact eloquently and unapologetically,” stressed Chief Mgudlwa.
He assured members of the delegation of the committee that the King of Abathembu welcomes and embraces them.
Chief Mgudlwa said Abathembu supports expropriation of the land without compensation. “Section 25 of the Constitution must be amended to make it possible to expropriate the land without compensation,” he said.
He said the land must be put under the custodianship of the Kings as it was taken from them. “The 87% we all agree was taken, was taken from the Kings and the common logic and sense is that it must be returned to the same custodians it was taken from,” said Chief Mgudlwa.
The town of Mthatha where the hearings took place, is part of the kingdom of Abathembu.
An appeal was made by participants among themselves to stop the deepening stereotype that the land is going to be expropriated from only white people. “We are all South Africans, one nation which Nelson Mndela and others sacrificed everything to build. Let us ensure that we are debating land distribution from a nation-building perspective. We are going to take from those who have more and distribute to those who do not have land. That is the determining principle, not colour,” said Ms Phyllis Noah, who identified herself as a descendant of the Griquas.
She said land distribution is unavoidable in South Africa to address the injustices of the past. But it should be done in a manner that is going to promote nation-building and national cohesion. She proposed expropriation with compensation.
Although the view for the amendment of section 25 of the Constitution was popular and a majority one from a simple and unscientific observation, other views were also highlighted. The view for the amendment was reiterated, in the main, based on the reality of widening inequality between the historically white privileged, and black and African in particular under-privileged South Africans.
The land, according to those who are for the amendment, is the source of privilege hence colonialists took it by force to weaken and impoverish its owners for ever. “Expropriation of land without compensation is a solution to the fundamental economic problems of exclusion of black people in the economy in South Africa,” stressed Mr Lawrence Mambila of the OR Tambo Farmers Association.
The view against expropriation was based on, among other things, the threat to food production, threat to nation-building and the bad record of corruption for the government to be the custodian of land. The hearings are planned to take place in Queenstown on Wednesday, 25 July 2018.
By Mava Lukani
23 July 2018
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