Didiza denies land grab option

2003-06-02 20:44

Cape Town - Government has not moved away from its "willing seller willing buyer" position regarding land expropriation, Agriculture and Land Affairs Minister Thoko Didiza said on Monday.

She was responding to criticism by opposition parties of her department's proposal to allow land expropriation by ministerial decree.

"In terms of the Constitution, the minister... already has the right to expropriate land only after all avenues of negotiations have been exhausted," Didiza said.

These powers were given to her under the Expropriation Act of 1975, which "gives expropriation rights to public goods such as roads, bridges and so on".

However, the Act did not cater for the restitution process as it was drafted before the democratic government came into power, and therefore was interpreted as not inclusive of land reform.

The proposed amendment bill would contain a clear definition catering for land expropriation within the land reform process.

"This is no more than an amendment of the existing expropriation Act of 1975 that dealt with public goods.

"This amendment aims at defining land expropriations separately from public goods, thus clearing up some of the legal debates that arise from using the 1975 expropriation Act.

"Government has not moved away from its willing seller willing buyer position, but has merely redefined an existing expropriation Act from the one drafted in 1975 to fit into the current dispensation," Didiza said.

There had only been two cases of expropriation since the start of the restitution process in 1998. So far a total of 36 000 claims had been settled through the current Restitution Act, that was governed by chapter 25 of the Constitution which guaranteed the rights of property owners, she said.

Earlier on Monday, African Christian Democratic Party spokeswoman Cheryllyn Dudley said South Africans, both black and white, were passionate about the issue of land ownership, "which we must not take lightly".

While the proposal to allow land expropriation by ministerial decree was cause for concern, solutions were necessary "and have to be found quickly if we hope to avert possible violence".

"The checks and balances of the judicial system are necessary in such an emotionally charged issue," Dudley said.

On Sunday, Democratic Alliance spokesperson Andries Botha said 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 minister's actions are irresponsible. 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."

New National Party spokesperson Bertie van der Merwe said his party was also opposed to the proposed bill.

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