OVERVIEW: The time has come – give our peoples' land back, Limpopo Communal Institute tells CRC

2018-09-07 09:52

Land hearings have continued in the parliamentary Constitutional Review Committee.

Land expropriation hearings. (Video screen grab)

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Last Updated at 13:16
07 Sep 14:08
Chair adjourns the meeting to September 19

07 Sep 14:04

There are 780 000 written submissions, says an MP  

We want the time to go through them

07 Sep 14:03
Oral hearings completed, written submissions yet to dealt with

07 Sep 13:49
Expropriation should happen without compromising food security

07 Sep 13:48

The time has come – give our peoples' land back  

Amend section 25

07 Sep 13:47

The apartheid government systematically impoverished black people  

It was deliberate

07 Sep 13:45
Racially discriminatory apartheid land tenure continues

07 Sep 13:45
Land dispossession still lives on

07 Sep 13:44
The land struggle is at the heart of our struggle to overcome the legacy of white minority rule

07 Sep 13:42
The Limpopo Communal Institute says land was taken through racial laws

07 Sep 13:35
Implementation is key, says LRC

07 Sep 13:34
The state has the tools to expropriate the land first and then the dispute could be handled by the courts, says LRC

07 Sep 13:28
Land reform's failure is the lack of implementation, not the fault of the Constitution, says LRC

07 Sep 13:27
LRC highlights case to illustrate that it is possible to expropriate land below market value

07 Sep 13:21
Land tenancy has a direct link with the apartheid system

07 Sep 13:16
Land reform has failed to address spatial injustice, says LRC

07 Sep 13:15
Committee should take into account expropriation of other rights as well as land rights, says LRC

07 Sep 13:14
Land ties up to other rights, says LRC

07 Sep 13:13
LRC says the Constitution allows for land expropriation without compensation

07 Sep 13:11
Legal Resource Centre presents a view following a short lunch break

07 Sep 12:55
Chair adjourns for lunch

07 Sep 12:53
When you give people the land without giving them support, that disempowers them, says VAF

07 Sep 12:52
It's not necessary to change the Constitution, says VAF

07 Sep 12:37

07 Sep 12:33

There's a lack of consensus on land reform and what it should achieve  

There are inefficient processes and a lack of transparency

07 Sep 12:32
Government should proceed cautiously on land reform, says VAF

07 Sep 12:31
Vumelana Advisory Fund (VAF) is a public benefit NGO, specialising in land reform

07 Sep 12:28
Vumelana Advisory Fund is up next

07 Sep 12:22

The spectacular unraveling of AfriForum

On Thursday Ernst Roets, deputy CEO of AfriForum, willfully and purposefully led the Afrikaner rights organisation, its members and supporters into the wilderness.

07 Sep 12:20
Free market land reforms and good will reforms do not necessitate confiscation, says Sakeliga

07 Sep 12:18

'Trump must really take his long hair and leave our people the hell alone' – SA farmers

South African farmers have demanded Donald Trump "leave us the hell alone" after the US president criticised the country's land reform plans, accusing him of trying to deflect attention from his own scandals.

07 Sep 12:07
Do you mean that there can never be an example in any state of expropriation without compensation?

07 Sep 12:04
Property rights are at the centre of constitutionalism

07 Sep 12:00
Without a constitutional order a market economy cannot exist

07 Sep 11:57
Amendment to the Constitution would SA on the same route as Zimbabwe

07 Sep 11:54
The term should be confiscation, not expropriation, says Sakeliga

07 Sep 11:50
They say they are now called Sakeliga

07 Sep 11:48
AfriSake up next

07 Sep 11:43
It is not right that 72% of the land is sitting in white hands, says the John Langalibalele Dube Institute

07 Sep 11:42

We have noted the scare tactics that have been going around  

It doesn't matter how many scare tactics go around, but we must go through this process

07 Sep 11:39
Everything is there in the Constitution, says the John Langalibalele Dube Institute

07 Sep 11:38
Most of the land claimants do not qualify in terms of subsection 7 of section 25

07 Sep 11:24
The country known as South Africa today was invaded by the Dutch and the British because of a shortage of land in Europe

07 Sep 11:21
White land owners could determine the price at which they could give up their land, says John Langalibalele Dube Institute

07 Sep 11:19
Expropriation with compensation has always been skewed in favour of whites

07 Sep 11:17
Poverty was deliberately engineered by colonial and apartheid systems

07 Sep 11:16

Land ownership is not about owning a piece of land, but the spiritual connection people have to their roots.  

It's an emotional issue that cannot be ignored

07 Sep 11:14
Dr John Langalibalele Dube Institute researchers present their views

07 Sep 11:12

Section 25:  

25 Property

(1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.

(2) Property may be expropriated only in terms of law of general application—

(a) for a public purpose or in the public interest; and

(b) subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.

(3) The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including—

(a) the current use of the property;

(b) the history of the acquisition and use of the property;

(c) the market value of the property;

(d) the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and

(e) the purpose of the expropriation.

(4) For the purposes of this section—

(a) the public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources; and

(b) property is not limited to land.

(5) The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.

(6) A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.

(7) A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.

(8) No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).

(9) Parliament must enact the legislation referred to in subsection (6).  

SA Constitution

07 Sep 11:10

Justice in land reform means being fair

Senior Advocate Martin Brassey represented the Institute of Race Relations (IRR), as well as its 60 000 signatories, in making oral representations to the parliamentary committee to amend the Constitution. Brassey’s central claim on Wednesday was that justice is fairness.

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