CONSTITUTIONAL COMMENTARY AND EVENTS

A first national dialogue on land reform took place at the end of March in Johannesburg at the request of the ANC members of the Parliamentary Review Committee. This was ostensibly an attempt by the Ramaphosa faction within the ANC to wrest ownership of the process from the EFF (and Zuma supporters), who had of late been setting the pace in the debate.

The pronouncements of ANC officials at the dialogue brought some interesting and important issues to light. A key issue is that of how the officially-documented Nasrec decision on land reform differs from that which was reported in the media after the elective conference.

While expropriation without compensation (EWC) would be one of the key mechanisms for land reform (as part of radical socio-economic transformation), it was emphasised that its implementation should ensure that future investment in the economy is not undermined (my emphasis),and that agricultural production and food security are not harmed. Implementation should also not harm other sectors of the economy (my emphasis). Further, there should be a focus on land owned by the State, especially abandoned, unused and underutilised land (not necessarily agricultural land). The conditions for EWC in the official Nasrec decision are clearly stronger than initially reported.  They are even more powerful when compared with the hastily compiled, sloppily-worded amendment to the EFF parliamentary motion regarding the changes to section 25. This only makes mention of implementation which “increases agricultural production and improves food security”.