The proposal of the African National Congress (ANC) to add custodianship of ‘certain’ land to the property clause in the Constitution introduces a notion that is tantamount to nationalisation, and ‘poses a grave danger to the country’s future prospects’, according to the Institute of Race Relations (IRR).
The IRR notes in a statement that Minister of Justice and Correctional Services Ronald Lamola’s decrying the EFF’s call for custodianship of all land as amounting to total nationalisation should not obscure the risk of the ANC’s preferred version – of custodianship of ‘certain’ land (and improvements on it) – granting the state ‘enormous latitude for seizures’.
The IRR points out that ‘certain’ might be defined as all agricultural land, all rural land or all privately owned land, for instance.
‘While the minister’s remarks would seem to represent a rejection of custodianship, it is important to note that this is an idea that has emerged repeatedly from within the ANC and the state. It was, for example, one of the recommendations of the 2017 land audit report.
‘And while we agree with Minister Lamola that there is little demand on the part of South Africa’s people to have their landholdings in the hands of the state, it is important to point out that it is official policy not to transfer ownership to land redistribution beneficiaries, but to provide them with leases. Title deeds have been viewed with great scepticism. Indeed, during the original parliamentary debate on the amendment of Section 25 in February 2018, Minister Gugile Nkwinti was forthright that title deeds were not on the table.
‘Minister Lamola’s words do not point to an actual change in policy.’
The statement adds: ‘It is the view of the IRR that the positions of the ANC and EFF are not in fact substantively different. Both envisage highly statist land management, are supportive of land nationalisation in principle, and both propose courses of action that would be profoundly unsettling to property owners and those who aspire to owning property.
‘South Africans should be aware of this. The EWC drive is being pursued on multiple fronts – both through the constitutional amendment and through the Expropriation Bill. A great deal of political capital has been invested by the government and ANC in introducing it.’
The IRR urges South Africans to join its campaign ahead of the 13 August deadline for comment on the 18th Constitutional Amendment, to protect property rights and the civil liberties on which they depend, and help save the economy.
[Image: AG Exposed from Pixabay]