"The Policy Conference and Land Reform"
The document discusses the implications of the ANC Policy Conference on land reform in South Africa. Key points include: - There is a push to scrap the "willing seller, willing buyer" principle for land acquisition and instead expropriate land, including land that was allegedly "stolen", without compensation. - However, expropriation without compensation would require changing the South African constitution. The conference will focus on acquiring land as cheaply as possible within the current constitutional framework. - There are concerns that aggressive expropriation could discourage investment and damage agricultural production without proper selection criteria, oversight or a clear plan for redistributed land. Overall the document raises questions around practical implementation of land reform plans discussed
"The Policy Conference and Land Reform"
- 1. Implications of the ANC Policy Conference on Land Reform
- 2. Opening: Scrap the willing seller principle See 2007-resolutions Scape goat for failures Dont want to pay market value Believe land had been stolen
- 3. Wont change the constitution Willing seller not in the constitution Issue is market value What can be done within the ambit of the constitution to acquire as much land as cheap as possible? Public purpose vs public interest Section 25 (3)
- 4. Section 25(3) (3) The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including- (a) the current use of the property; (b) the history of the acquisition and use of the property; (e) the market value of the property; (d) the extent of direct state investment and subsidy in the acquisition and beneficia1 capital improvement of the property; and (e) the purpose of the expropriation.
- 5. Youth League victory Expropriation without compensation Where land was stolen Irregular transfers in deeds office
- 6. How do you measure value? How do you implement? Greenpaper: Valuer general LMC LRMBs 3-tier land ownership model Restitution & CPA legislation Tribal land
- 7. Greenpaper NAREG Inclusive process common ownership Broad consensus exept: Semi-judicial functions of LMC Land ceilings Valuer Generals powers to determine value Role of think tank Unintended results such as outflow of investments
- 8. Right of first refusal Alternative to scrapping willing seller Namibian experience Conditions in first discussions Think Tank driven Nkwintis response
- 9. More aggressive expropriation Only 2 in restitution Willing seller prevail (for now) Fast, clean, due process Constitutional How will we determine which farms?
- 10. Scenario Any farm, any time, any price Investment and development in freezer box We get hurt within the ambit of the constitution: Mineral rights Destruction of value
- 11. Opsies Konfrontasie Weerhou samewerking Polariseer Ondermyn, verswak Rasgedrewe spanning Kan ons Wat gaan Destruktief wen? dit kos? Konstruktiewe betrokkenheid Selektiewe samewerking Beklemtoon middelgrond Onderhandel, beding v belange Skep nie-rassige omgewing Maak jouself onmisbaar
- 12. Where to now? No land audit No plan with tribal land Too much under utilised state land Production discipline on transferred farms No selection criteria No plan to finalise land claims No sunset on horizon no new normal in sight