A fresh push for the nationalisation of South African land is set to be placed before parliamentarians.
The uMkhonto weSizwe (MK) Party on Tuesday announced that it would introduce a bill to amend the constitution to achieve two specific aims.
The party wishes to remove all mention of compensation in section 25 of the constitution, while declaring all land “the common heritage of all South Africans”.
Additionally, the bill aims to adjust the date for land claims from the currently applicable June 1913 date, to April 1652.
The MK party confirmed the amendment bill would be introduced to the portfolio committee on justice and constitutional development on 27 May.
Redefining land reform
The MK party’s announcement came the day after the 374th anniversary of the landing of Dutch East India Company ships on the coast of what would become Cape Town.
The party considers the date to signify the beginning of the region’s history of colonialism and a more apt date for land reform than the signing of the Natives Land Act of 1913.
“This will bring the 87% of land currently excluded into the restitution and redistribution process, addressing historical dispossession dating back to the arrival of colonialism,” the MK party stated.
Dates could be irrelevant if the second aim of the bill is realised – granting custodianship of all land to the state and traditional leaders.
The bill would designate the state and traditional leaders with the power to allocate land for a variety of purposes, essentially eliminating private property ownership.
“Traditional leaders, as the original and rightful custodians of the land and indigenous governance systems, will play a primary and authoritative role alongside the state in the administration, allocation, stewardship and governance of land, particularly communal land,” the party said.
‘Derailed by mismanagement’
Among the staunchest opponents of expropriation without compensation, AfriForum, states that extending the cut-off date to 1652 was “bordering on impossible” due to the absence of documentation and the country’s complex history.
“Effectively verifying land claims prior to 1913 is unfeasible due to highly unreliable records, differing tenure systems and a lack of uniform national laws.
“Extending the restitution date beyond 1913 is further complicated by the major population displacements caused by the Mfecane wars of the 19th century,” AfriForum Head of Public Relations Ernst van Zyl told The Citizen.
He added that government’s current implementation of its land reform policy left him hesitant to believe that greater power for the state would not be exploited.
“The land restitution process, which was initiated over 25 years ago, and which was evidence-based and based on fair market-based compensation, has unfortunately been derailed by mismanagement and corruption.
“You cannot correct human rights abuses in the past with human rights abuses in the present. The policy of expropriation without compensation, which both the ANC and MK support, is not a just means of land restitution,” Van Zyl said.
Traditional leadership ensures ‘stability’
Civic organisation Soil of Africa supported historically accurate land restitution rooted in the “full and transparent account of original land ownership”.
Speaking on the current land dispute involving the government and a self-described Khoisan community, Soil of Africa offered to be a bridge between communities, government and traditional leaders.
“Land in South Africa is not simply about title deeds it is about identity, dignity and historical restoration.
“The future of this country depends on a functional partnership between government and traditional leadership, guided by the constitution and rooted in mutual respect,” Soil of Africa President Bongani Ramontja told The Citizen.
He stated that Soil of Africa wants to see the prioritisation of the voiceless, while respecting the historical importance of traditional leadership. Â
“Development, land reform and social stability cannot succeed without this alignment. Where traditional leaders are ignored, communities become unstable. Where they are included, solutions become sustainable,” Ramontja said.
‘Practical and workable’
The MK party said it would consult with parties aligned with its vision to help get the bill through parliament.
The party stressed its belief that state centralisation, guided by traditional standards, would be beneficial for society as a whole.
“The MK party remains confident that this custodianship approach, rooted in African traditional governance, is both practical and workable.
“The system will prioritise productive land use, safeguard food security, and provide targeted support to women, youth and rural communities.
“Land reform is too critical to be delayed,” the party concluded.
