The SA Human Rights Commission has called on government to distinguish between acceptable legal instruments that enable administrative procedures and those that substantively achieve constitutional obligation following the recent enactment of the country’s Land Expropriation policy.

The Commission has accused government of pushing a concerning public discourse both nationally and globally over this policy with no clear legislative framework to achieve equitable land redistribution.

“The South African Human Rights Commission (Commission/SAHRC) has observed, with concern, public discourse at national and global platforms, whereby, the Expropriation Act is portrayed as a key component of South Africa’s land reform agenda. The position of the SAHRC is that the Expropriation Act does not clarify the conditions for equitable redistribution of land. Neither does it represent a compensation framework that is historically sensitive. It merely delineates the procedures and conditions under which the State may acquire privately owned land. The Commission emphasises the importance of distinguishing between legal instruments that enable administrative procedures and those that substantively achieve constitutional obligation,” the Commission said on Tuesday.

The Commission’s statement of concern comes just a week after deputy president Paul Mashatile promised the return of land to black people saying this will be done without the interference of banking institutions.

IOL reports that Mashatile made this commitment during a question-and-answer session in the National Assembly on Thursday with Mashatile saying the government was determined to protect land reform beneficiaries from being trapped by commercial debt.

“Our role as a new government is to return the land to the people and do it in such a way that we protect them from the commercial banks…We don’t want a situation where they lose land again because of loans,” he said.

Last year, President Cyril Ramaphosa signed into law a bill allowing land seizures by the state without compensation – a move that put him at odds with some members of his government within the GNU.

While speaking during a recent National Assembly debate, DA MP, Willie Aucamp indicated that the DA will continue to oppose “Expropriation Without Compensation” as it “threatens investor confidence, destabilises the agricultural sector, and ultimately jeopardises jobs and food security.”

It is these sentiments that the SAHRC said it is concerned about with the Commission having called on the government to take the necessary steps in ensuring reasonable legislative steps to safeguard the rights of landowners.

“Section 25 of the Constitution mandates the State to take reasonable legislative and other measures, within its reasonable resources, to foster conditions that enable citizens to gain access to land on an equitable basis. Since the enactment, of the Constitution, no legislative measures have been taken by the State to give effect to Section 25 (5) of the Constitution. The State’s continued failure to enact specific legislation to give effect to Section 25 (5) of the Constitution enables prevailing context of policy incoherence regarding land rights,” the Commission stated.

The National Department of Agriculture and Land Reform referred the matter to Department of Public Works who are the custodians for the Expropriation Act.

“The Expropriation Act is the law that is administered by the Department of Public Works. Your questions should be directed there, as indicated the Expropriation Act is currently legislation/law in the country. It should also be indicated that South Africa has had an Expropriation Act which was enacted in 1975,” the department said.

Meanwhile, Presidential spokesperson, Vincent Magwenya who is currently away with the President indicated that he has not been privy to SAHRC’s statement and urged the Commission to directly engage the President over these concerns.

“I haven’t seen that press release. SAHRC is a chapter 9 institution. They can write directly to the president on any issue of concern and engage appropriately. We don’t engage with Chapter 9 institutions through media releases,'” he stated.

siyabonga.sithole@inl.co.za

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