OVERVIEW: ‘Biggest historic fallacy’ of our time is that whites stole the land - AfriForum

2018-09-06 10:08

Land hearings continue in the parliamentary Constitutional Review Committee.

Land expropriation hearings continue in Parliament

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Last Updated at 15:45
06 Sep 16:42

06 Sep 16:37

06 Sep 16:24
EFF MP Tebogo Mokwele tells AfriForum's Ernst Roets: "Let me tell you my brother from another mother, we are going to take the land whether you like it or not."

06 Sep 16:22
AfriForum's Ernst Roets tells CRC, in particular ANC and EFF MP's: "You are drunk on ideology of failed National Democratic Revolution."

06 Sep 16:21

06 Sep 16:20

06 Sep 15:09
There will be litigation, Ntsebeza tells MPs

06 Sep 15:03
Land holders can be asked to donate some of the land that they are not using

06 Sep 14:55
An amendment to the Constitution should be the last resort, says Ntsebeza

06 Sep 14:53
I'm going to put a spanner in the works here, says MP

06 Sep 14:51
If you have a corrupt state, peoples' land rights will forever be trampled

06 Sep 14:49
Section 25 subsection 1 seems to be biased in favour of property owners, says FHR

06 Sep 14:46
Adv Dumisa Ntsebeza SC of Foundation for Human Rights says they support amending #Section25 of Constitution to allow expropriation without compensation. Land occupied by farm workers, labour tenants and farm dwellers should be expropriated without compensation @TeamNews24 @gerbjan

06 Sep 14:41
A land ombudsman should be appointment to assist vulnerable groups

06 Sep 14:40
Women must be allowed title in their own name – especially in the rural areas, says Ntsebeza

06 Sep 14:39
Women, farmworkers, youth and poor are key groups

06 Sep 14:38
Marginalised people have already paid for the land through cheap labour

06 Sep 14:38
Land should be expropriated without compensation and given to identified groups

06 Sep 14:37

Ntsebeza says the FHR is civil society organisation  

Concerned about slow pace of land reform;  

Control of land by individuals;  

Access to land in urban areas

06 Sep 14:33
Dumisa Buhle Ntsebeza speaks for the FHR

06 Sep 14:32
Foundation for Human Rights up next

06 Sep 14:27
The land that belonged to the black majority is now in the hands of the white minority - that's a fact, says the House of traditional leaders

06 Sep 14:22
Chair wants MPs to wrap up this submission

06 Sep 14:14
Don't create CPAs where there is a traditional leader

06 Sep 14:07
You undermine all that our forebears did

06 Sep 14:06
You are biased according to the Western system of governance, says the House of traditional leaders

06 Sep 14:04
The House of Traditional Leaders supports an amendment to the Constitution to allow expropriation without compensation, Inkosi SE Mahlangu tells CRC #Section25 #SAonLand @TeamNews24 @gerbjan

06 Sep 13:17
This does not depend on the Constitution, this depends on a legislative framework and voting the necessary funds, says HSF

06 Sep 13:10
Three quarters of land in Polokwane is owned by one family, says MP

06 Sep 13:03
EFF's Floyd Shivambu says Helen Suzman Foundation's delegation is "three old white men who benefitted from apartheid". CRC co-chair Lewis Nzimande asks him to treat them with respect and dignity. #Section25 #SAonLand @TeamNews24 @gerbjan

06 Sep 13:00
You don't throw stones if you're living in a glass house, Chair reprimands MPs

06 Sep 12:59
The high level panel is being used for research, says HSF

06 Sep 12:56
Tempers flare as MPs attack each other and the HSF

06 Sep 12:47
Legislation is avoid the possibility of arbitrary decisions in terms of land reform

06 Sep 12:45
Helen Suzman Foundation says land reform is an imperative to address inequality, but amending Constitution is misplaced and unhelpful #Section25 #SAonLand @TeamNews24 @gerbjan

06 Sep 12:44
HSF says nearly 90% of income is earned in urban areas

06 Sep 12:42

HSF says 84% of SA is effectively urbanised  

Expropriation without compensation cannot be justified if the beneficiaries come from the wealthier sectors of society

06 Sep 12:40
Helen Suzman Foundation tells CRC it is neither desirable nor neccessary to amend the Constitution #Section25 #SAonLand @TeamNews24 @gerbjan

06 Sep 12:39
HSF poses questions on mechanisms of land expropriation

06 Sep 12:38
Willing buyer, willing seller does not appear in the Constitution, says HSF

06 Sep 12:37

Helen Suzman Foundation presents  

The process of restitution is extremely slow

06 Sep 12:36

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

06 Sep 12:27
Expropriation without compensation is allowed, but should be done through legislation, says SAHRC

06 Sep 12:21
EFF's Floyd Shivambu says he is uncomfortable with SAHRC's presence at CRC because they are taking a political posture. #Section25 #SAonLand @gerbjan

06 Sep 12:20
SAHRC commissioner JB Sibanyoni: "Land is dignity. Restoration of land rights is restoration of dignity." Told CRC expropriation without compensation is "just and equitable". #Section25 #SAonLand @TeamNews24 @gerbjan

06 Sep 12:19

You must stay in your lane, EFF's Shivambu MP to SAHRC  

"You woke up on the other side of the bed, hey," Chair tells him

06 Sep 12:15
There should be a land claim, not a money claim, says the SAHRC

06 Sep 12:15
Women should benefit from land redistribution, says the SAHRC

06 Sep 12:13
Constitution permits a departure from the compensation provision, says SAHRC

06 Sep 12:11
Ineffective implementation measures are the result of the failure in the land reform programme, says SAHRC

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