Black First Land First

Return the stolen land - That’s the only real solution!

Sankara Policy and Political School
Submission to the portfolio committee of public works on public hearing on the Expropriation Bill [2015]
We shall concentrate only on this bill to the extent that it is the key section in the constitution that defines state policy of land.
What is section 25 and what does it serve?
This Bill claims to amend sections 25 of the constitution (which is correctly known as the property clause). Section 25 of the constitution is in fact the clause that turns the 1994 political compromise into a constitutional imperative.
What were the terms of the compromise? It was basically that in exchange for political power being handed to black people, land and the economy shall remain in the hands of the white minority settler population. Section 25 legalises land theft and legitimises colonialism. Those who negotiated this compromise at the time said it was a “tactical” move to gain power without too much blood shed. The logic was that after power was secured then land would be returned. The section therefore was never about redistributing land but rather securing a political compromise.
21 years after Democracy we know that the compromise has been very bad for black people. This section has rendered our people landless in their own land.

Section 25 in its entirety is a yoke in the necks of our people and shackles in the feet and hands of our people. It makes us slaves in our own land.

The argument of how bad section 25 has been for our people is made better by evidence.
What is the evidence in the past 21 years to show the negative impact of section 25?
1. In 21 years, only 8% of the land has been bought back at shocking R50 billion +
2. Between 1994-2004 already a million farm workers were evicted from land (this trend continues)
3. It will take 100 years to reach only 30% land redistribution of the land.
4. Government has abandoned all targets for land redistributon (the 30% target has been abandoned). Government dumped this modest target because it was impossible to reach it because of the property clause primarily.
5. 50% of the population(black people) live under the poverty line.
6. Anti black racism is rife (colonial power relations not changed)
How do we turn this situation around?
1. There is need to have the courage to admit the first truth, that SA, all of it belongs to Black people. That the land question arises out of the arrival in 1652 of white settler colonial population.

2. To have the courage to admit that all land in SA is stolen property.



SA land Policy perpetuates illegality
Does this committee have the courage to admit that, the land reform policy of South Africa since 1994 has been the perpetration of illegality? If you buy stolen property you are as guilty as the thief that sells you stolen goods. In other words each time government pays white farmers for land, it is involved in a criminal activity.
We are here to demand that you repel/remove/delete the whole section 25 and replace it with something more agreeable to the needs of our people to the address historical justice of land theft.
Section 25 of the Constitution gives with one hand and takes with the other. It says two things at the same time- it protects colonial property relations and at the same time it approves land redistribution. This section plays finder finder with our people.
We have shown what the section was crafted for (political compromise), we cannot try to make it do what it was never intended to do. The section blocks land redistribution and distorts history. Trying to make land redistribution with this section is like trying to turn a cow into a lion, it simple won’t roar!
No we won’t pay for our land!
The real stumbling block of land redistribution to black people in SA is the idea of paying for stolen property. The Bill unfortunately in its current form, does not address this fundamental question, in fact it perpetrates the evil idea of paying for land.
If we remove the technical language and legalistic jargon of the Bill we see that it does nothing new. The Bill does not address why must we buy our land back. The Bill does not even assist in giving guidance on how “just and equitable compensation” should be paid(of course we reject paying for our land).
Committee, the drafters of the Bill have lied to you if they say this Bill sets mechanism to end the “willing buyer willing seller” evil policy- it doesn’t nothing of the sort! This Bill is the extension of the failed market policy. This Bill is an insult to black people in fact.
What is Just and equitable compensation?
The whole argument on paying for stolen property turns on the phrase “just and equitable compensation”. The compensation section in Bill does not offer a new solution or an alternative reading, it says, there can be expropriation, subject to this iron law of the market(of course it list the other non-market considerations to be taken into account). But we know in the final analysis just and equitable comes to the market value and our courts have strongly indicated this direction.
The bill fails to provide a criteria that settles the meaning of “just and equitable” in monetary terms. This committee shall take this Bill to the National Assembly without being able to answer a simple question: in rands and cents what is “just and equitable compensation”? This matter shall in all likelihood be settled by the courts.
The courts have been disappointing in reading compensation.
let’s take three examples to illustrate the point:
First judge Geldenhys in the land claims court tried to give interpretation to the clause and came to some complicated calculations that claim to take into consideration the same long list of consideration repeated by the Bill, but didn’t solve the problem.
Recently, deputy judge president of the Constitutional Court, has decided to relay on “inflation” to calculate compensation for those who have lost property and are beneficiaries of the Restitution process. Mosenke’s determination is open to accusation of racism, because white land owners are never confronted with valuation of their property based on CPI index. Its an established principle that property is not valuated on the CPI, so what was the thinking behind this weirds logic only gods knows.
The third firm indication that “just and equitable” within the current frame work would mean, “market value”, was expressed in the Zimbabwe land expropriation matter which was first decided by the SADC Tribunal and then went all the way into the South African Constitutional Court. on that case the Judge president led the bench in concluding that compensation must be paid whenever there is expropriation and this led to the a judgement which foreclosed the property of the Zimbabwean state to be sold to pay compensation to the white farmer who lost property in Zimbabwe.
This Bill unfortunately leaves the landless at the mercy of courts.
This Bill fails four important tests:
1. Does the Bill End the willing buyer willing seller policy and practice? The answer is a No!
2. Does the Bill ensure land will be in hands of the landless black majority? again NO!
3. Does the bill resolve the meaning and criteria of “just and equitable compensation” NO!
4. Does the bill set targets as constitutional imperative for land redistribution? Yet another NO!
The Bill is timid, vague and repeat what we know. Already the conditions for expropriation repeated in the bill are covered in the existing section 25 of the Constitution(whats new or different?). The Bill does not take forward the process defined by the section and as we know already is highly compromised.
The Bill doesn’t even seek to put emphasis on the one reading of section to ensure historical redress must trump any other consideration. Worse, the Bill does not locate the land question in history and in the logic of land theft so that land expropriation is undertaken within a frame work that would ensure decolonisation and redress.
This Bill is a piece of paper to avoid doing what is right. It’s a retreat from the truth. It’s another mechanism to appear to be doing something when in actual fact doing nothing!
This Bill is a bill of cowardice in essence. This committee has to turn into an instrument of courage to achieve land redress.

What is do we proposed?
1. The whole existing section 25 be expunged/removed from the constitution. And be replaced by a section that explicitly recognise that, land in SA is stolen property and that the primary purpose of redistribution of land to the black majority is for historical redress.
2. That ALL black people have a right to land in SA.
3. That a new subsection be inserted that legalises the occupation of land by the landless.
4. That evictions of farm workers and poor people from land be declared illegal.(all evictions and to end the strange distinction between legal and illegal evictions also ended).
5. That a constitutionally determined targets be sets and responsible minister be held accountable, we propose that in the next five year, 80% of the total land be redistributed to black people.
6. That the section give effect to a new department, which shall be called the Department of Land Redistribution and its sole mandate be the redistribution of land and nothing else, right now South Africa doesn’t have a department that solely focuses on land.
6. That the section furthermore, outline a process where land ceilings shall be effected in accordance with soil capacity of each of the regions and provinces.
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7. That the values of mortgages (bonds) be adjusted to a value that excludes land in housing price because land must be offered to all for free.
Can these proposals be realised and are they within the prism of the law? The answer in both instances is yes! Amending the constitution is a legal exercise. All you need is 2/3rds majority which the National Assembly already has given the fact that EFF has offered the ruling party its 6% to amend the constitution to effect land return without compensation.
We appeal to the committee to be brave and to give this nation the long awaited justice. Committee the decision is in your hands, to continue with colonialism and landless or to be bold and end the suffering of our people. Our people are ready for a new dispensation on land. a dispensation that put Black First! For Land First!
If you lack the courage, the people have lots of courage. If you can’t decide let the people decide. Call a referendum, ask the people of this country a simple but profound question: Do you want to buy back your stolen land? vote yes or no?
Let’s assure you, if you fail to address the land question, then the people shall address it themselves. Failure to amend section 25 to bring it in line with the needs of the people would be only to delay an inevitability. We going to take this land. its ours! Land First!
Thank you!