Expropriation moves slammed

2003-06-01 20:35

Cape Town - The government was launching a direct assault on the rule of law by attempting to make expropriation possible by ministerial decree without any recourse to the law for the land owner, the Democratic Alliance said on Sunday.

Andries Botha was responding to a report in the Sunday newspaper Rapport quoting Agriculture Minister Thoko Didiza in the Government Gazette of May 9 this year saying the current process of expropriation for restitution took too long.

Botha said Didiza had a problem with the stipulation that all parties had to be in agreement, in the absence of a court order. The proposed draft legislation was, however, not published.

'Irresponsible'

A fourth draft bill published last Monday would make it possible to transfer property ownership by means of a ministerial notice.

"The minister's actions are irresponsible," Botha said.

"If there are serious problems with the restitution process, as is claimed, then it is up to the minister to resolve them through transparent negotiations."

Botha said no attempt had been made to raise the matter with parliament's portfolio committee on agriculture and land affairs.

New National Party spokesperson Bertie van der Merwe said his party was opposed to the proposed bill which would give the minister the power to take land without a court order or the consent of the land owner.

"This will be in breach of property rights as protected in the Constitution," he said.

Van der Merwe said enough land was available from willing sellers and the state to effectively redistribute land.

"The minister should not be given more powers just because administrative failure is hampering land reform," Van der Merwe said.

- SAPA