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South Africa Sets to Seize Hundreds of Private Lands Without Compensation in ‘Test Case’

“Expropriation without compensation” is meant to address the nation’s stark inequalities in wealth and land ownership.

A city in South Africa is preparing to seize land from private owners, without paying, to build low-cost housing.

The solution is meant to correct historic injustices and address dire land and housing shortages in Ekurhuleni, a city located outside of Johannesburg where about 600,000 of its 4 million residents live in “informal settlements.” Ekurhuleni’s executive mayor, Mzwandile Masina, said these dwellings are “horrible for human beings,” and that land expropriation would serve as a “test case” for the nation, which is struggling with stark wealth inequality.

“Our policy is not to take the land by force,” Masina told The Associated Press. “Our policy is to make sure the land is shared amongst those that need it.”

Since the end of apartheid in 1994, most of South Africa’s private land, farms and estates have been owned by white citizens even though they comprise just 8 percent of the population. In 1994, South Africa passed an amendment that allowed the government to expropriate land as long as it’s “for a public purpose and with the payment of compensation.”

However, the ruling African National Congress suggested in 2017 that “expropriation without compensation” should be a legal tool the government can use to redistribute land, even though the constitution still includes the compensation clause.

A “test case” for South Africa

Masina said he expects landowners to sue the government once the municipality moves ahead with the seizing of property. His hope is that the case will force a ruling on whether landowners must be compensated when their land is expropriated. Still, it’s unclear how the case would play out, especially considering the ANC has promised “radical economic transformation.”

“In any country, the majority of the population must play a key role in the economy,” said former President Jacob Zuma in 2017. “In South Africa, this has not happened due to the legacy of apartheid that many still choose to deny.”

In February, Zuma was replaced by Cyril Ramaphosa, who argued for expropriation without compensation in an article published in London’s Financial Times.

“This is no land grab; nor is it an assault on the private ownership of property. The ANC has been clear that its land reform programme should not undermine future investment in the economy or damage agricultural production and food security,” he wrote. “The proposals will not erode property rights, but will instead ensure that the rights of all South Africans, and not just those who currently own land, are strengthened. SA has learnt from the experiences of other countries, both from what has worked and what has not, and will not make the same mistakes that others have made.”

Still, the ANC has yet to pass an amendment guaranteeing the constitutionality of expropriation without compensation.

“You can’t guarantee the outcome,” Ben Cousins, research chair in poverty, land and agrarian studies at the University of Western Cape, told The Associated Press. “The court may find you do have to pay some level of compensation. It could backfire quite badly.”

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South African President Cyril Ramaphosa (far left) hands over the title deeds of 4,586 hectares of land to Inkosi (Chief) Mandla Mkwanazi of the KwaMkwanazi community in Empangeni near Durban

South African President Cyril Ramaphosa (far left) hands over the title deeds of 4,586 hectares of land to Inkosi (Chief) Mandla Mkwanazi of the KwaMkwanazi community in Empangeni near Durban

Ekurhuleni's Executive Mayor, Mzwandile Masina, calls his city a 'test case' for the nation as the seizure of hundreds of acres of land from private owners, without paying for it, to build low-cost housing gets underway

Ekurhuleni’s Executive Mayor, Mzwandile Masina, calls his city a ‘test case’ for the nation as the seizure of hundreds of acres of land from private owners, without paying for it, to build low-cost housing gets underway

On Sunday Ramaphosa handed over the title deeds of 4,586 hectares of land to Chief Inkosi Mandla Mkwanazi of the KwaMkwanazi community in Empangeni, near Durban.

The KwaMkwanazi community was forcibly removed from their land more than 100 years ago following the enactment of the 1913 Land Act.

Like other South African cities, Ekurhuleni faces a dire housing crunch, with some 600,000 of its nearly 4 million people living in ‘informal settlements’ and a shortage of land to build homes.

Nearly a quarter-century after the end of white-minority rule, white South Africans comprise just eight per cent of the population but still hold most of the individually owned private land.

This disparity keeps most of the economic power in the hands of a few and makes the country one of the most unequal societies in the world.

In July President Cyril Ramaphosa said the ANC planned to amend the constitution to allow for expropriation without compensation, sparking concerns that the move could destabilise the fragile economy and spur conflict in an already socially divided nation.

A month later US President Donald Trump waded into the controversy by tweeting – incorrectly – that South Africa had begun seizing farms and that high numbers of farmers were being killed.

Ramaphosa addresses people during a hand over transfer of land and ownership to the community following a land claim by the evicted KwaMkwanazi community

Ramaphosa addresses people during a hand over transfer of land and ownership to the community following a land claim by the evicted KwaMkwanazi community

The ANC has sought to reassure people inside and outside the country that its efforts to ensure the majority of black South Africans have better access to land – a long-standing party promise – will be legal and should not be cause for alarm.

Ramaphosa has said everyone should ‘relax’ about the land reform process and that it would ‘end up very well’.

Political parties and NGOs have criticised the government’s attempts to change land reform measures.

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Written by How Africa

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