THE SNAIL PACE OF SOUTH AFRICA’S LAND REFORM PROGRAMME WITHIN THE THIRTY YEARS OF CONSTITUTIONAL DEMOCRACY.

“‘Any man who afflicts the human race with ideas must be prepared to see them misunderstood” – H.L Mencken

In 1994, the South African government developed South Africa’s land reform programme to address the injustices of historical dispossession and forceful removals perpetuated in terms of the Land Act of 1913. The land reformed programme constituted of three components namely: land redistribution, restitution of land rights and securing of tenure.  

1.

Land redistribution programme was meant to transfer thirty [30%] of commercial agricultural land to black people within a period of five [5years]. The time frames were further shifted to fifteen [15 years] and this was not achieved. The restitution of land rights was meant to restore the land to families and communities that have been historically dispossessed and forcefully removed in terms of Land Act of 1913. It was also meant to financially compensate those who opt for monetary compensation. In July 2019, the Presidential Advisory Panel on Land estimated that approximately 19, 000 outstanding old claims were not resolved. This was also the view of the earlier 2017 report of the High -Level Panel headed by former President Kgalema Motlanthe.  In 2014 80, 000 additional land claims had been lodged between the 2014 reopening and the finding of invalidity in 2016. The objectives of the restitution of land rights have not been achieved.

2.

The security of tenure is regulated by the Extension of Security of Tenure Act 66 of 1996. It was meant to protect and promote the human rights of labour tenants and black farm dwellers in the farms.  Despite these legislative concerted efforts to protect and promote human rights of labour tenants and black dwellers in the farms unlawful and illegal evictions are an order of the day. The Makhumalo family was unlawfully and illegally evicted in the Waterval, portion 44 farm in Heidelberg. Makhumalo was [86 years] old and had worked on the farm for more than [40 years]. In the Western Cape Mr. Vermeulen, a [92 year] old man who had worked on the farm for more than [30 years] was unlawfully and illegal evicted. This is just a tip of an iceberg and unlawful and illegal evictions in South Africa are an order of the day. 

3.

On the backdrop of these failures, it is crystal clear that South Africa’s land reform programme had been moving in a snail pace without any tangible achievements. At the heart of the snail pace of South Africa’s land reform programme are namely:  institutional capacity which Minister Thoko Didiza stated in the following manner “it is clear that we have in large measure are individuals who may not have the requisite skills to undertake this task”. Also, at the center of the snail pace of land reform is institutionalized corruption within the department of land affairs and the commission on restitution of land rights.  A former university of Wits Professor de Villiers profoundly expostulated the failures of South Africa’s land reform programme in the following manner.

4.

He cautioned that land reform should not be a ‘claims-driven, litigious process but should, through combined policies and programmes, be an effort geared towards assisting ‘the landless to gain access to, and successfully manage, land. He outlined the difficulty lies in the mere restoration of land, without any development in this manner.

“A claims-driven process is difficult and even impractical to sustain as the sole basis for land reform. While restoration of rights is important, the emphasis should also be on development, sound justice and alleviating poverty in other words development issues”.

5.

Thus, land reform should not be an end in itself, it must go beyond mere compensation or settlement, and bend towards economic empowerment of rural communities. It is crystal evident that concerted efforts are required to expedite South Africa’s land reform programme and the legislative framework requires to be reviewed. There is no doubt that land question involves a multi-layer of challenges but to ensure effective and sustainable rural development, commercial agricultural development, food security and transfer of land to the large preponderance of black people the existing legalistic legislative framework and land claims – driven process require extensive review.