To+faster+land+reform+,+ANC+Today,+Land+Summit+II



=Land Summit II=

Exploring the paths to faster land reform
Government needs to adopt a more systematic and proactive approach to land acquisition, in close partnership with the landless, to ensure the targets for land redistribution are met by 2014, according to proposals made by the departments of land affairs and agriculture in preparation for next week’s Land Summit.

In reviewing progress made thus far and analysing the challenges and blockages, the departments have made a number of proposals as part of government’s contribution to debate at this important summit. The proposals cover the speeding up of land redistribution; the finalisation of land restitution; the provision of land for housing; ensuring security of tenure for those whose tenure may currently be uncertain; and efffecting transformation within the agricultural sector.

Redistribution
In government’s paper, it notes that South Africa has an active land market, which presents opportunities for acquisition of land for reform purposes. What is required from government, working together with the landless, landowners and other stakeholders, is to conduct systematic assessments of all land needs per area which include demands for restitution, redistribution and tenure reform. It needs to identify suitable land, matching this to identified demand – and where possible, proactively acquiring land to meet this demand.

Negotiations need to take place with landowners to release suitable land, on the scale required and at an affordable price. Where negotiations do not produce results, expropriation should be used, in line with the provisions of the constitution and land reform legislation. The constitution makes provision for expropriation of property in the public interest, and defines ‘public interest’ as including “the nation’s commitment to land reform, and reforms to bring about equitable access to all South Africa’s natural resources”. Expropriation must be subject to just and equitable compensation, “reflecting an equitable balance between the public interest and the interests of those affected”.

The paper also proposes changes to existing laws and policies which restrict farm sizes, arguing that these hamper effficient land delivery and restricts the entry of emerging black farmers into the market outside of government’s land reform programme.

Government is contemplating making proposals on a ceiling on land ownership to address the monopoly of land ownership by the rich. A panel has also been constituted to examine whether and how foreign ownership of land impacts on land reform, foreign investment, and land and property prices.

Restitution
The plan to conclude the legal settlement of all land restitution claims by 2008 has required additional budget allocations by Parliament. It will also mean that the issue of exorbitant land prices will need to be addressed, in part through the reform of the land market and, where necessary, through the use of expropriation.

The time spent processing rural claims needs to be significantly shortened, the paper says, including exploring the possibility of fast-tracking referral to the Land Claims Court “where processes are unduly prolonged”. It is reported that the Land Claims Commission is strengthening its relations with farmers’ unions to work together towards achieving restitution targets.

But the focus cannot simply be on settling all outstanding claims in the shortest possible time. Government also needs to take steps to ensure that people returning to land have sufficient support to make effective use of that land in a sustainable manner. For that reason, the restitution process needs to be accompanied by programmes to provide beneficiaries with the required technical, business, organisational and development planning skills. They also need to be assisted with accessing financing and developing financial management capacity.

Tenure reform
One of the major tasks in tenure reform is the implementation of the Communal Land Rights Act. In this the key challenge is the sheer scale of the programme, affecting close to half the country’s population.

As the majority of communal areas are characterised by extreme poverty and underdevelopment, the provision of legally secure rights in this land needs to contribute to socio-economic development in these areas. According to the government paper, “this means that people will be able to use the newly acquired title to land as surety...to participate effectively in the markets for the factors of production, distribution of the products and the consumption of the goods and services”. The Department of Land Affairs has engaged banking institutions to accept the rights created by the Act as means for participation in the economy.

The process will also need to address conflicting claims to land which may have arisen from apartheid relocations, ensuring that women have equal access to land, and harmonising the various administrative systems and different pieces of legislation which affect communal land.

Government has also made proposals to ensure the security of tenure for people living on commercial farms, which would include consolidation of the current Labour Tenants Act and the Extension of Security of Tenure Act. Among the proposed changes is that the law be more prescriptive than regulatory, and that enforcement mechanisms must be improved. The Department of Justice and Constitutional Development is being engaged with a view to improving the legal representation of farm occupants.

The success of all these proposals will rest on government’s ability to improve its implementation mechanisms, ensuring integration and alignment across programmes, between departments and across the three different spheres of government. The paper also notes: “It is vital that we adopt such an approach that would empower organs of civil society including the beneficiary communities to participate meaningfully in the land and agrarian implementation process and which would speed up delivery of land and improve the impact of land and agrarian reform.”

ANC Today **Volume 5, No. 29** **•** 22—28 July 2005

From: http://www.anc.org.za/ancdocs/anctoday/2005/at29.htm#art1