ACDP Parliament Report on: Legacy of the Native Land Act of 1913 Cheryllyn Dudley, MP and Whip ACDP says Land Reform better served if dedicated Valuations Court existed to approve compensation in cases of forced expropriation * Says interventions must result in economic growth and food security if people are to benefit from land redistribution. * Acknowledges link between unemployment, poverty, inequality and legislation to enforce segregation “The ACDP acknowledges that the promulgation of the Native Land Act on 19 June 1913 was the start of a dispensation in which ‘Africans’ were prohibited from owning or renting land outside of designated reserves – a total of 7.13 per cent of South Africa’s total land area. The unemployment, persisting poverty and deep inequality existing in South Africa today are undeniably linked to this and other legislation designed to enforce segregation and this exercise of co-ordinated oversight of the reversal of the legacy of these Acts is an important piece of the puzzle. I say piece of the puzzle simply because we know human existence is a complex and complicated matter which defies simple or even rational explanation at times. Based on the ad hoc Committees observations and findings we note recommendations directed at the departments of Rural Development and Land Reform, Agriculture, Forestry and Fisheries, Human Settlements, Public Works, Co-operative Governance and Traditional Affairs and Arts and Culture to: finalise consultations on the Green Paper on Land Reform, convene a national dialogue, assess skills, develop monitoring and evaluation systems for partnerships in mentoring programmes, draw lessons from best practice in South Africa, restructure the land distribution programme, finalise policy and legislation on the office of Valuer-General, draw up memorandums of understanding, conduct audits and assessments and much more. To touch on just one point in the short time we have today - the ACDP is optimistic about the concept of a Valuer-General to address the sluggish pace of redistribution of land in South Africa – redistribution which has been relying on the “willing buyer/ willing seller” policy to date - and has been experiencing many problems. We acknowledge the obligation that the South African Constitution places on the state to “take reasonable legislative and other measures, within its available resources” to affect land redistribution and that the Bill of Rights clearly allows for the state to expropriate property. The Constitution does however prohibit the arbitrary deprivation of property and provides that expropriation be subject to the payment of compensation. While it does not require the state to pay the market value it is required to pay “just and equitable” compensation, “reflecting an equitable balance between the public interest and the interests of those affected”. The ACDP believes Land Reform would be better served if a dedicated Valuations Court existed to approve all forms of compensation in cases of forced expropriation. The ACDP also believes it is critical for all decisions and interventions to result in economic growth and food security – these must be a priority if people are to truly prosper and benefit from land redistribution.”
Posted on: Thu, 31 Oct 2013 15:01:25 +0000