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Land and Property

The FW de Klerk Foundation, and 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. All articles, statements, submissions to Parlimentary Portfolio Committees and other materials related to Land and Property will be made available here...

landscape opt

STATEMENT: SUBMISSION TO THE DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM ON THE DRAFT REGULATION OF AGRICULTURAL LAND HOLDINGS BILL

The FW de Klerk Foundation recently made a submission to the Department of Rural Development and Land Reform on the Draft Regulation of Agricultural Land Holdings Bill (the Draft Bill). The salient aspects of the Draft Bill are the introduction of ceilings regarding farm sizes, while limiting the ownership of agricultural land to South African citizens. Foreigners will only have leasehold rights, valid for a few years, over agricultural land.

Read FULL TEXT of article. 


hay bales

ARTICLE: POLITICS OF THE STOMACH

The last few months, if not years, have witnessed confusion, political grandstanding and outright unconstitutional references and threats in relation to the land question. In what has become a political football at a time of great political and economic uncertainty, respect and regard for laws, regulations and, ultimately, the interest of all South Africans is held ransom by a Presidency and a cabal who in the words of a commentator are interested in the “politics of their stomachs”.

Read FULL TEXT of article. 


farm

ARTICLE: INSERTING FOOD SECURITY INTO THE LAND DEBATE 

Section 27(1) and (2) of the Constitution guarantee every citizen the right to sufficient food, whereby the state must take reasonable measures to ensure the realisation of this right.  To ensure fulfilment of this constitutional imperative, Cabinet approved the National Policy on Food and Nutrition Security (the Policy) in 2013.

Read FULL TEXT of article. 


landscape opt

ARTICLE: LAND - WHERE DOES THE HUNGER LIE? 

In this article, it is (again) suggested that the country needs a proper and credible land audit before we carry on with a debate that would otherwise remain emotional and divisive. It is, secondly, highlighted that some research has shown that we may have progressed further with land reform than we are sometimes led to believe. And it is thirdly pointed out that the real “land hunger” is not necessarily for agricultural land to farm, but for urban and peri-urban land to build houses and make a home.

Read FULL TEXT of article. 


SECTION25ARTICLE: CAN THE CONSTITUTION ALLOW EXPROPRIATION WITHOUT COMPENSATION FOR LAND REFORM PURPOSES?

Ahead of the December 2017 elective conference, the National Executive Committee (NEC) of the governing party will hold a meeting to discuss the “land issue”. It is apparent to even the uninterested observer, that it appears as if the party cannot agree on the meaning of the property clause in the Constitution.

Read FULL TEXT of article. 


zuma parliament foter

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”.

Read FULL TEXT of article. 


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ARTICLE: THIS INTERNATIONAL WOMEN'S DAY* - REMEBERING WOMEN IN THE LAND DEBATE

The perennial land debate in South Africa seems to have taken on a new sense of urgency. In the last week alone, the National Assembly debated an Economic Freedom Fighters (EFF) motion to amend the property clause in the Constitution, with their leader issuing the injunction that “People of South Africa, where you see a beautiful land, take it, it belongs to you”. 

Read FULL TEXT of article. 


parliament sml

STATEMENT: PROPERTY RIGHTS AND LAND REFORM IN THE STATE OF THE NATION ADDRESS

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.

Read FULL TEXT of article.