President Cyril Ramaphosa has signed the Expropriation Bill into law. This form of legislation calls for the expropriation of land by the government, be it private or otherwise for the use of the public interest. The bill has come to infuriate certain circles, even those like the Democratic Alliance (DA) and the VF Plus who are part of the Government of National Unity (GNU) are now up in protest about it. However according to political analyst Sandile Swana this law was supposed to be enacted as far back as 1997- 1998 to address property rights, but it had been delayed and thereby the African National Congress (ANC) squandered the opportunity. According to Swana Ramaphosa’s passing of the bill now has failed the landless black majority due to the delays.
Ramaphosa signed the Act last week, sparking anger among some partners in the government of national unity (GNU). DA leader John Steenhuisen said his party would challenge the Act in court and threatened not to support the passing of the upcoming budget by Finance Minister Enoch Godongwana. Steenhuisen, in an address reacting to Ramaphosa’s signing of the Act, reminded the president that he was voted into office with the DA’s support. The legislation provides for the expropriation of the land by the state, which the ANC wants to use to address landlessness among the black majority. Swana said: “Now after 30 years of dilly-dallying around this issue, they say it must be done but it must be done by the DA. They have failed to implement it themselves and the evidence is excessive and compelling.
“In essence, they want the DA to carry their still-born baby and the anger and to redirect the anger against the ANC failure towards the DA. “What we are looking at now, is scapegoating so that there is a clear message that goes to say the ANC is not less radical than the MK party or the EFF.
According to the above extract the conservative/partially liberal DA is possibly being manipulated by the ANC into denouncing the land expropriation bill. This is hardly surprising given the cunning machinations of the chief influencer party in the GNU; the ANC. As regards to the uneven distribution of land in the country, the fact that the ANC dragged its feet over the matter for decades since the era of President Thabo Mbeki leaves much to be desired. It is telling the delays to rectify the situation from 1994 to the present when the once dominant ANC is now hanging by a thread Casts a dark shadow over not only Ramaphosa but also the whole organization. In essence the land reform might work. However, the Expropriation Act and government policy should focus on food security. Compensation should still be given to farmers who worked the land.
However, learning from the positive example of other nations such as Botswana as well as the mistakes of another Zimbabwe should be the priority. Coming back to the matter of scapegoating, if the DA doesn’t want the bill to pass because they deem it too “extreme” in its approach then they should leave the GNU. Return to the opposition benches.
But the DA has no interest of abandoning a ship that is still sailing the high seas.
Analyst Goodenough Mashego said the new development in the GNU would not affect the GNU per se because of vested interests. He said the DA had tasted power and would not like to lose it. Rather, the party would use the platform to expose the ANC’s weaknesses in government. Ironically, the Expropriation Act would be implemented by DA Minister of Public Works and Infrastructure Dean Macpherson who vowed that while he was minister, the Act would not be implement. Macpherson is at loggerheads with his deputy, Sihle Zikalala, who welcomed the signing of the Act, saying it was the duty of the Cabinet to implement it.
The DA and ANC are playing a dangerous blame game, with each trying to cripple the other. They are trying to undermine each other from within the corridors of executive power. Neither side truly cares about implementing the bill. Both are more concerned about maintaining the status quo, the ANC to maintain power as well as the approval of its constituents and the DA which desires the same. VF Plus should leave the coalition due to the fact that it too has been undermined. The DA could end up dragging the work of the Department of Public Works and Infrastructure to a halt if it implements the expropriation law. It should leave the GNU now and allow the government to dissolve so that new elections cane be called forth.
The Presidency said that section 25 of the Constitution recognises expropriation as an essential mechanism for the state to acquire someone’s property for a public purpose or in the public interest. This is subject to just and equitable compensation being paid. Currently, the expropriation of property has been governed in terms of the Expropriation Act of 1975, which predates the creation of the Constitution. The Bill outlines how the President can expropriate land and on what basis. “This law will assist all organs of state—local, provincial and national authorities—to expropriate land in the public interest for varied reasons,” said the Presidency. “Local, provincial and national authorities will use this legislation to expropriate land in the public interest for varied reasons that seek, among others, to promote inclusivity and access to natural resources.”
“The Bill repeals the Expropriation Act and provides a common framework in line with the Constitution to guide the processes and procedures for expropriation of property by organs of state.”
When the president refers to “expropriating land for various reasons” he is referring to mainly land for possible housing and agriculture. Ramaphosa and the levels of government he is empowering through the Expropriation law will be able to cut through the red tape of bureaucracy. It is hopeful if they implement land reform for food security. Simply taking land arbitrarily with out compensation won’t work. Compensation will have to be given. The question will remain though: In what way will expropriated land be of benefit to the people? Who will benefit the most? Will the vast land expropriated be basically broken up into small plots for farming? Or used for low-cost housing? When the President is speaking about “expropriating land in the public interest for varied reasons” he is speaking about food security and housing. As is claimed by the government.
The bill goes so far as to indicate the “expropriation of property” by the state. The constitutionality of such legislation needs to come under scrutiny. Expropriating the property of farmers carries huge risk.
But is it too late? The issue of poverty and hunger could easily have been tackled by embracing the land reform practices of Botswana. Prior to the election of 2024 the government of Ramaphosa or even under Mbeki could have resolved the land issue through the implementation of this simple policy. It remains to be seen now if the GNU could do this in the present. It remains to be seen in the following days if the implementation of this Expropriation Law will make or break the GNU.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
