ARTICLE: THE LAND QUESTION – BLACK UNITY AND NO COMPENSATION OR NON-RACIALISM AND CONSTITUTIONALISM?
In his State of the Nation (SONA) appearance, President Zuma said “we had stated our intention of using the Expropriation Act, 1975 (Act 63 of 1975) to pursue land reform and land redistribution, in line with the Constitution” (my emphasis).
In debating this, the Minister of Rural Development and Land Reform, Gugile Nkwinti, on 14 February, said that the Government will undertake a pre-colonial audit of land ownership and “(o)nce the audit has been completed, a single law should be developed to address the issue of land restitution without compensation. The necessary constitutional amendments should be undertaken to effect this process”.
At the launch of Operation Phakisa’s agriculture, land reform and rural development leg on 24 February, Zuma asked the following rhetorical (and nonsensical) question: “How are we going to achieve all the goals mentioned in the State of the Nation Address and all the laws and policies that we are busy amending to enable faster land reform, including land expropriation without compensation as provided for in the Constitution” (my emphasis). On 3 March, in his official opening of National House of Traditional Leaders, the President repeated the Nkwinti statement almost verbatim. Land reform “in line with the Constitution” has quickly become “land restitution without compensation”.
The last few days have witnessed a SASSA fiasco on an unprecedented scale. Outright lies, half-truths, resignation of key personnel and a fumbling, rumbling and grumbling Minister trying to save herself – and not the almost 17 million grant beneficiaries – was the order.
In a series of barefaced lies, misinformation and distortions, the South African Social Security Agency (SASSA) is yet again seeking refuge behind almost 17 million poor people, to cover up its inaction and connivance in giving effect to a Constitutional Court judgment rendering its contract with Cash Paymaster Services (CPS) invalid and illegal. In four weeks the Court’s grace period of 36 months for SASSA to get its house in order will come and go, and still we wait.
The FW de Klerk Foundation, through its Centres for Constitutional Rights (CFCR) and Unity in Diversity (CUD) decided to make property and land a focus for 2017 – in addition to a number of other constitutional issues. Hence this analysis of these two important themes as per the recent SONA, and its subsequent discussion in Parliament.
Minister of Social Development, Bathabile Dlamini, has through word and inaction, demonstrated her clear disregard of the Constitutional Court ruling declaring the SASSA contract with Cash Paymaster Services (CPS) invalid. She has further heaped scorn on the advice of the Minister of Finance in his 1 February 2017 letter to her offering remedial recourse to ensure that almost 17 million people receive their social security grants come 1 April 2017.