The Constitution of South Africa remains one of the most admirable and progressive documents in the history of the world. It contains broad civil, political and socio-economic rights, it embraces the duties of the State and it strengthens the collective wellbeing of its citizens. Nevertheless, reality looks different and the aspirations made 25 years ago have repeatedly been destroyed by among others, rampant corruption, growing inequality and bad governance.

During the current Constitutional Review Committee hearings one frequently heard: “We want the land back that the whites took from us”. But who took the land and who owns it now, is not so clear. It has often been stated that without a proper and credible land audit, we cannot have a sober and balanced debate on land, and “that” land cannot be subject to land reform or redistribution.

The two land audits done by the Department of Rural Development and Land Reform (DRDLR), raise more questions than provide answers. Criticism has already been raised many times. The 2013 audit was intended to identify State land. The 2017 audit was intended to take stock of private land ownership in terms of race, gender and nationality. One private audit, done by Agri SA, was intended to quantify the ownership and commercial transfer of agricultural land.

On 4 July 2018 FW de Klerk spoke at a conference that his Foundation had convened in Johannesburg to discuss property rights for all South Africans and the role that land reform can play in expanding property rights.

De Klerk said that the ANC’s decision to proceed with expropriation without compensation (EWC) posed a fundamental threat to investment, economic growth, agriculture, food security and to the national accord on which our new nonracial democracy was founded.

It had been shown time and again that property rights were essential for economic growth and social development.  “The top 20% of countries that best respect property rights have average per capita incomes of more than $50 000 – compared with less than $7 500 for the bottom 20%”.