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Land expropriation without compensation


Share your views and thoughts on expropriation of land without compensation and the review of Section 25 of the Constitution

As part of the Joint Constitutional Review Committee’s constitutional obligation to facilitate public participation, it has invited written submissions from all stakeholders on the necessity of and mechanisms for expropriating land without compensation.

 

Click here to read the submission made by Vumelana.

 

The committee was instructed by the National Assembly and the National Council of Provinces to review Section 25 of the Constitution and other clauses where necessary, to make it possible for the state to expropriate land in the public interest without compensation and propose the necessary Amendments to the Constitution, where necessary.


All intended beneficiaries of the land reform programme must participate

It is crucial for especially communities and Communal Property Institutions (CPIs) to understand the value of their involvement and the impact that their voice will have in these discussions. Their experiences can help put a sharp focus on current challenges and concerns within the land reform programme.

 

Vumelana appeals to community leaders to play their civic duty and rally communities to exercise their constitutional prerogative of making their voices heard and making a meaningful contribution to these discussions that will not only impact on their future, but that of generations to come. This critical feedback by communities and intended beneficiaries of the land reform programme is a key ingredient in making this process a success.

 


Join the conversation today – share your views

Share your views here.

This is not a petition or a submission to the Joint Constitutional Review Committee. This is a platform where you can share your opinion and see what others have to say on this issue. Your email address will not be saved – we need it to send you a copy of your message.

 

6 responses to “EWC”

  1. Lindiwe says:

    Thanks for the opportunity to comment to this topic, I would love to say the following:
    South Africa have undergone several transitions since the apartheid era. To cut the matters short, I will comment only from 1994 when Mandela becomes president of our country. A lot of methods have been tried, but did not materialized reason being it was used not for the benefit of the people but mostly to be used as the elections campaign to political parties and individuals who are seeing an opportunity for their own personal gain.

    Much as I am a desperate land claimant who really is unhappy about what is happening to our government, I would like to check if the government has ever thought of looking at the issue of saying much as this people snatched our land, what did they do with it? if the land is well developed, let them be compensated just for the development done on that land, and a process of doing that be initiated legally to sustain peace in our country. Some might think that I am crazy but the reality is that the snatchers won’t lie low if this is not considered.

    The government is equally to be blamed seriously on the unsuccessful Land distribution that looked like was a reformation of our new South Africa but it was a lie. The previous land claims had its packages such a financial recap. If I may ask, “How many claimants managed to get this money?. Let me give a simple example: If the state president may one day come and say to a poor person, “look I need to improve your life style drastically just to make a u-turn to your life, I give you a brand new Mercedes Benz for you to be mobile”. In the eyes of the people it will be like the best present ever, but let me check if indeed this was in favor of the person who received the car; The individual does not have a driver’s license, He or She is not working and staying in a shack. The question is: how is the person going to use that car with what?

    Going back to the issue of land, yes some land was given to the claimants but no recap finances, government employees even attempted to let the recap be deposited into their bank accounts after posing as investors of the claimed properties/land. Our government is turning a blind eye to all this and turn to blame the claimants saying black people are failing to sustain the productivity of the claimed land, this is a serious shame in our country. Black people were thrown in the bushes/mountains with nothing, their live stock taken away from them making sure that they cannot move where ever they are, no schools. And the government is totally aware that most of this people are not educated. They are being manipulated by lawyers who come and pretend as if they will assist but later run away with the little money the people tried to gather. It is really painful. Today they are fueling war in this country. I appeal to all who are stakeholders to this issue to think properly when dealing with it. Yes, the land can be appropriated without compensation but let it be done in a very reasonable way as mentioned above.

    A lot of land out there is rotting because the government did not comply to what was suggested: Making sure that people are skilled enough to sustain the productivity of the claimed portion of land, Giving them the agreed recap. Identifying markets for the people and amending some acts to accommodate this people, supporting this people by managing or supervising their processes making sure they are doing the right thing for a certain period until they are acquainted to what is expected of them. This would have impacted positively to the country’s economy. We are in a junk status because of the incompetence of some of our leaders. Let there be a turn around strategy to correct this mess. Thanks

    • Province: Mpumalanga
    • Role: Member of Communal Property Instituion (CPI)
  2. Mr Paulus Phaswane Phokwane says:

    I would like to comment on this site as follows;
    South Africa have underwent several transition since the colonial, union and apartheid era. There were different methods applied to acquire land by the settlers. First there was( terra nullis) which meant that, the land that is not used will be acquired and there were also programmes which changed the way the local people should live based on the Roman and Dutch law invasion of our territories and our way of doing things. Today we, are told that there will be lack of investment if land is taken back to the rightful owners. What a shame””” Going back to our own land which is situated at Doornkop (Middelburg Mpumalanga). The land was bought with money in 1905 and was settled in 1920. We received our titled date 1920 from Pretoria, this is one of the first land which was bought by natives in South Africa. Today we are taken as common to those who were working on the land and settlinhg there during Apartheid era under what is called Land Restitution Act. Our land was never restituted but bought. We own a title deed from 1920, today the very same whites under Democratic Alliance, claim that section 25 is fair to everyone but, they themselves are the one that are bringing farm-workers around Nkangala, claiming that they bought land for them as they are aware of the new Land Reform Programmes. The same ANC government allowed people from Mhluzi and other areas at Nkangala to settle at Doornkop stating that a black person cannot own any land. This is a fallacy to us, and will like to be part of the whole process to outline our own suffering under the new Land Reform Act and under those who claim that the section is allowing everyone to own property in our country. Our land is now monopolized by government officials , politicians and ordinary people. All land is occupied by people who are not members and we have being in courts fighting this kind of situation where people are practically selling sites to outsiders, when we open the case of fraud , we all relevant evidence, the people are dragging their feet, or prosecution is manuveoured. There is no development in our land even if we acquired the land in 1994 under Nelson Mandela Presidential Award. If ANC really respect Mandela and his struggling for the poor, why are still trapped in such discrimination as black people who own land. Is it really any cause for blacks to fight this battle of land expropriation or we just deliver politicians mandates for 2019 elections. This is matter of concerned to me as we have done everything in our power t let the same government who claim to support black people on this matter but could not find a lasting solution to a unique situations as ours. If really we would like to fight this battle we need to look at issues such as the Doornkop case. Both ANC and DA should stop claiming that they represent our black people as they always prioritise politics in peoples lives. Our forefathers have passed-on today and there is a serious poverty amongst our members, but we own a piece of land. My question is, what will be different to this new call of expropriation of land without compensation to what we as community of Doornkop having been going through since 1994 to date. There is no politician who will claim that he/she does not know about the situation at Doornkop. All of them gives excuses because a black person is not capable to own a land in this country. There are obvious cases of officials who own a piece of land in that area but no one is interested of taking any progressive steps. We therefore call along all sectors to first understand the real animal in the house. Our politicians must stop playing with peoples emotion’s with such a serious issue of land. This process should not form part of electioneering of political parties but a sober interests of the people of South Africa. We cannot we support this process based on many facts which are still haunting us and our fore-fathers today, who worked hard to buy such property. Today, Agri SA, makes lot of noise about farm grabs and the likes, is our land not suitable enough that it should grabbed and no-one is concerned. Or is it because the land is owned by a group of black fellows who does not deserve to be taking into considerations. The same white people are the one who drop illegal dwellers in our land daily, they even protect them in courts as their legal representative, the even sponsor them with legal fees. We are aware of this shenanigans but we have no-one to talk to. Therefore please stop fooling yourselves with this noise of EWC, it will be gone soon and no-one will be there for answers.

    • Province: Mpumalanga
    • Role: Community Leader
  3. Lubabalo says:

    land must be expropriated without compensation both rural and urban land

    • Province: Gauteng
    • Role: Commercial Parner/Operator
  4. Lillian says:

    While acknowledging that expropriation might be one of many options to consider when trying to address land reform in SA, we should not forget that land expropriation will not solve the real challenges with land reform… It will not solve the lack of support to beneficiaries of the land reform programme, it will not solve the challenges around capacity, skills and resources when implementing the land reform programme…

    • Province: Gauteng
    • Role: Other
  5. Mpho says:

    It will be much interesting to see how the Constitution and others sections where necessary to make it possible for the state to expropriate land in the public interest without compensation

    • Province: Gauteng
    • Role: Other
  6. Yanda says:

    Given the current discussions on land reform by different industry stakeholders it is important to understand the value and the impact that the voice of ordinary citizens has

    • Province: Gauteng
    • Role: Other

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