Cape town the new land reform provisions contained in the regulation of agricultural land holdings bill 2017 render the bill unconstitutional and is an exercise in redistribution rather than restitution as required by the constitution, says the free market foundation fmf. Land reform in south africa was established by the government with the view that redistribution of farmland would make a significant contribution to poverty alleviation. On land issues, anc lacks clarity and determination. Press release the da welcomes the extension of the deadline for public comment on the draft regulation of agriculture land holdings bill, which will now close on 17 may 2017. The bill introduces a land commission because people who own land in south africa must register with that land commission so that we know who owns south africa so that we can use that as a. Land, law and traditional leadership in south africa. South africa released for public comment a draft expropriation bill that outlines the circumstances under which the state can take land without paying for it. Land ownership in south africa has long been a source of conflict. Missing from the above set of priorities for land reform is a strong statement about land reform in support of the transformation read deracialisation of commercial agriculture. The inauguration of the union of south africa on 31 may 1910 marked both the begin. Number of landowners by land type, parcels, extent in hectares and landowner type.
The constitutional assembly was constituted with the task of drawing up a constitution to represent the interests and needs of all the people of south africa. Between five and seven per cent of south african land is estimated to be foreignowned, suggesting that, as in many other countries, the public perception of the. The most systematic land dispossession by the state came into effect after 19. Africa in order to effect a change in the patterns of land ownership. Bill launched to ban foreigners from buying farm land in sa. However, in president jacob zumas 2015 state of the nation address, delivered on 12 february 2015, the president indicated that, in terms of the proposed regulation of land holdings bill the proposed bill which will be submitted to parliament during the course of this year, foreign nationals. Some economists and farming groups have said the proposals could hit investment and production at a time when south africa. South africas land reform programme, of which land tenure is one of three components, was officially launched in april 1997 with the publication of the white paper on land policy. South african land systems is the communal nature of land holding, in which a. On the financial loss of the country if the land expropriation bill is signed into the constitution, matthews notes that the rand has already weakened from r11. A foreign person is defined as a natural person who is not a citizen or not ordinarily resident in south africa, a foreign juristic person excluding a. South africa, officially the republic of south africa rsa, is the southernmost country in africa. What you need to know about south africas new land bill. Jun 04, 2015 regulation of land holdings bill moving fast to become law minister as south africa looks to limit land ownership by foreign nationals and locals.
Regulation of land holdings bill moving fast to become law. The uganda 1998 land act and the tanzania 1999 village land act provide for the. However, in president jacob zumas 2015 state of the nation address, delivered on 12 february 2015, the president indicated that, in terms of the proposed regulation of land. South african citizen, or the state, if the foreignowned land is subsequently put on the market and is considered to be strategic. White people in south africa should stop panicking about. Inv 4 land policies in africa olusola atilola, nigeria land administration reform in nigerian fig congress 2010 facing the challenges building the capacity sydney, australia, 1116 april 2010 316 land administration reform in nigerian. The draft expropriation bill gazetted by public works minister thulas nxesi last week for public comment was a disappointment and would not accelerate land reform, the land access movement of sa. Regulation of land holdings bill moving fast to become law minister as south africa looks to limit land ownership by foreign nationals and locals. Dr john purchase, ceo of the agricultural business chamber, agbiz, examines current and planned developments in land reform. Published in south africa s government gazette this week, is a new bill that makes provision for unique land ceilings for various districts in the country, as. The natives land act of 19 engineered the poverty of black. The native land act of 19 fn4 apportioned 8% of the land area of south africa as reserves for the africans and excluded them from the rest of the country, which was made available to the white minority population. Vision to provide property management, property development, property asset management services.
Why land seizure is back in news in south africa bloomberg. The land holdings bill is impractical industry players. It is easy, at events like this, to roll out a wish list of what land reform should achieve and who it. The minister for rural development and land reform hereby publishes the regulation of agricultural land holdings bill, 2017 and the explanatory memorandum for public comment. Land reform tops the list of priorities affecting south african agriculture, given the current policy environment in which the sector operates. Aug 29, 2018 because of south africas past, where the majority were forced onto only 10% of the land under apartheid and the incredibly delayed process of reparations over the last 25 years the question of land reform is a moral, social and economic imperative, ramaphosa said. On 17 march 2017, the minister of rural development and land reform published the draft regulation of agricultural land holdings bill for public comment.
In the south african context, dispossession of land. He said the regulation of agricultural land holdings bill has been put. Government finally explains how it plans to take land in. Mar 24, 2017 published in south africas government gazette this week, is a new bill that makes provision for unique land ceilings for various districts in the country, as well as for the establishment of a. Land reform is a key issue in south africa, due to the long history of dispossession of indigenous populations by white settlers. A day after the natives land act of 19 was enacted in south africa, solomon plaatje 1995. Apr 07, 2015 under the regulation of land holdings bill, foreigners will no longer be able to purchase new land in south africa, although longterm leases of at least 30 years will be available. One of south africa s top 5 law firms, cliffe dekker hofmeyr, has issued an alert and guide to the incoming land bill following concerns that it had not received enough publicity and that the. Despite over two decades of intervention, land reform in south africa is failing 1. Awakening on friday morning, june 20, 19, the south african native found himself, not actually a slave, but a pariah in the land of his birth. Expropriation bill will boost land reform article staff reporter 20 may 2016 the proposed legislation better protects property owners and is aligned with the constitution.
South african churches have also wrestled with the issue of land, to no avail. Parliament approves land expropriation bill the mail. There are currently no restrictions on the ownership of land by foreigners in south africa. Republic of south africa draft land tenure security bill as introduced in the national council of provinces proposed section 76.
Pdf the historical context of land reform in south africa and. Land management commission draft land commission bill to go to parliament soon 5. If promulgated as an act, the law will ban foreigners from buying agricultural land and require them to enter into longterm leases. The failure of land reform is attributed to an inappropriate logic of land reform 2, which we link to differences in how land is understood, giving rise to application of inappropriate theory for the context 3, 4. Diagnostic report on land reform in south africa commissioned report for high level panel on the assessment of key legislation and the acceleration of fundamental change, an initiative of the parliament of south africa institute for poverty, land and agrarian studies university of the western cape september 2016. So far, no events have been associated with this bill.
Land, law and traditional leadership in south africa africa. Regulation of land holdings bill south african commercial. Regulation of land holdings bill moving fast to become. South african spatial planning system and a summary of its key features is presented. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africa s leading opinion makers. The european decolonization of africa was strenuously resisted and delayed by thesl r co n ifu a a, with the result that south africa made the transition to democratic, nonracial government only in 1994. The regulation of foreign land ownership in south africa. Addressing shortcomings of land tenure reform in customary.
Under the regulation of land holdings bill, foreigners will no longer be able to purchase new land in south africa, although longterm leases of at least 30 years will be available. The deadline for submitting public comments was set as may 17, 2017. The bill also envisages that land will be classified, and foreign nationals will be discouraged from. Africa and middle east, south africa on march 17, 2017, the minister for rural development and land reform published the regulation of agricultural land holdings bill inviting public comments. June 2016 download pdf more than two decades after the end of apartheid, land remains an emotive fault line in south africa. Foreign land ownership in south africa dingley marshall inc. The white paper points out that, under the bill of rights in the new constitution, the. The government white paper on land reform and accompany ing bills. South africa approves land expropriation bill bbc news. The reason that customary land tenure reform has been a nonstarter in the land reform process in south africa is because of a mismatch between the paradigm or underlying theory informing development on the side of the state and the land rightsholders.
Draft expropriation bill a disappointment for land rights. Regulation of land holdings bill nedbanks view on proposed bill to block land sales to foreigners the governments plan to fasttrack a bill barring foreigners from buying land in south africa, raised commercial property investors and financiers eyebrows as they are taking it on the chin at the half way mark. These sections are followed by the engagement with the questions, a discussion of the implications and a conclusion. Draft regulation of agricultural landholdings bill south africa. Foreign land ownership in south africa the regulation of land holding bill at the 2015 state of the nation address, delivered on 12 february 2015, president zuma announced the introduction of the regulation of land holdings bill. The goals of land tenure reform include the establishment of coownership rights for groups and communities living in the former bantustans, where land in the. President jacob zuma must now sign the bill into law, a move that could take weeks or. Apr 18, 2017 46 defined in section 1 of the bill as a natural or juristic person or a trust which is inter alia not a citizen of south africa or is not ordinarily resident in south africa. If the bill is passed, it will set up a commission to register agricultural land, restrict foreign land ownership and place limits on the size of individual agricultural land holdings in south africa.
Unpacking south africa s agricultural land holdings bill back as a fairly new democratic country, south africa is, in many ways, still suffering from the consequences of the unforgivable apartheid era. Bill launched to ban foreigners from buying farm land in. Property valuations just and equitable compensation property valuation act assented 6. Progress and challenges article pdf available in ssrn electronic journal november 2012 with 14,430 reads how we measure reads. Jun 17, 2015 the bill has courted criticism with some industry players snubbing it as being too draconian and unconstitutional given how politically sensitive land ownership is in south africa. New bill proposes establishment of a land commission. The current status and future of land reform in south africa. Regulation of agricultural land holdings bill x2017. The challenge of transformation and redistribution at the victoria and alfred waterfront in cape town. Agricultural land holdings bill bill inviting public comments. It does this by removing owners entitlement to alienate, as it requires government to be given right of first refusal when agricultural land.
South africas agricultural land holdings bill law for. Bx2017 so far, no events have been associated with this bill. South africa is therefore not in a unique situation regarding the expropriation of land. The regulation of agricultural land holdings bill agricultural holdings bill falls foul of the constitutionallyrequired respect for private property. This paper is an analysis of papers, reports and legislation that deals with land reform in south africa. Issued by bowman gilfillan africa group and edited by creamer media reporter there are currently no restrictions on the ownership of land by foreigners in south africa. South africa releases draft landexpropriation bill for. The act abolished individual land ownership by black people.
Perceptions regarding land reform debate, progress made and challenges encountered in. Cape town rural development and land reform minister gugile nkwinti published the regulation of agricultural land holdings bill on friday, giving stakeholders until april 16 to submit comments. Traditional leaders threatened in 2003 to boycott the forthcoming national elections because the new traditional leadership and governance framework bill did not give them enough power. Mar 01, 2018 a government land audit released in february showed that farms and agricultural holdings comprise 97 percent of the 121. Land is a critical factor for achieving redress for the. The bill is aimed at progressing land reform within the agricultural sector and will have farreaching implications for current and future owners of agricultural land, says zunaid rawoot. African majority confined to just thirteen per cent of the territory known as native reserves, and later african homelands or bantustans. The land holdings bill land is a critical factor for achieving redress for the wrongs of the past.
A general comparison between the principles of the law of specific contract in south africa and its english counterpart. Regulation of agricultural land holdings bill explained. This bill aims to amend the constitution of the republic of south africa, 1996, by providing for the expropriation of land without the payment of compensation. Mar 20, 2017 cape town rural development and land reform minister gugile nkwinti published the regulation of agricultural land holdings bill on friday, giving stakeholders until april 16 to submit comments. Regulation of agricultural land holdings bill x2017 share this page. Progress has been painfully slow over the past 24 years, but the. The land holdings bill land is a critical factor for achieving redress for the wrongs of the past president jacob zuma announced the land holdings bill, which will soon be tabled in parliament, during his state of the nation address on tuesday, 12 february 2015. Many in rural communities have lost patience with the paternalistic approach of traditional leaders, commercial farmers and mining corporations. Republic of south africa regulation of agricultural land holdings bill as introduced in the national assembly proposed section 75. As described in key documents such as the white paper on south african land policy dla. The constitution of the republic of south africa sets out the legal basis for land reform, particularly in the bill of rights, which places a clear responsibility on the state to carry out land and related reforms, and grant specific rights to victims of past discrimination.
As a fairly new democratic country, south africa is, in many ways, still suffering from the consequences of the unforgivable apartheid era. Apr 07, 2017 the bill, if enacted in its present form, will have far reaching consequences on the agricultural sector, affecting all owners of agricultural land and in particular, foreign nationals and owners of agricultural land holdings determined to be in excess of ceilings for land ownership, which excess will be available for redistribution, with or without expropriation. They backed down when the communal land rights bill clrb was. Cliffe dekker hofmeyr regulation of agricultural land. Selected land reform issues in subsaharan africa world bank. The challenges of transformation and redistribution cherryl walker human sciences research council harold wolpe memorial trust conference cape town, 25 27 march 2004. The bill, if enacted in its present form, will have far reaching consequences on the agricultural sector, affecting all owners of agricultural land and in particular, foreign nationals and owners of agricultural land holdings determined to be in excess of ceilings for land ownership, which excess will be available for redistribution, with or without expropriation.
Apr 08, 2017 one of south africas top 5 law firms, cliffe dekker hofmeyr, has issued an alert and guide to the incoming land bill following concerns that it had not received enough publicity and that the. May 26, 2016 bbc south africa correspondent milton nkosi says land is an emotive issue 22 years after the end of apartheid. South africas land tenure reform programme in the former. Jeannie van wyk university of south africa, south africa.
Communal land, property rights and traditional leadership. The envisaged policies towards limiting access to land by south africans with excessive land holdings and foreign nationals and juristic persons ought to be weighed against the stated importance and compulsion upon the state in sections 254, 5 and 8 addressed above. The natives land act of 19 engineered the poverty of. An agricultural law research article land reform for post. Solving africas land issues to boost productivity, alleviate.
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