Land restitution bill passed after heated debate

2014-02-25 22:41

Cape Town - The bill which would see the land restitution process being re-opened was passed following a heated and emotional debate in the National Assembly on Tuesday.

The restitution of land rights amendment bill sets a new deadline for land claims to 31 December 2018.

The previous deadline was 31 December 1998.

The Democratic Alliance attempted to introduce additional amendments to the bill, but was outvoted by the ANC majority.

The DA amendments included preceding the new land claims process with an intensive national communication process.

After this communication and preparation, the window for lodging claims should be opened for six months only.

In addition, those who did not meet the 1998 deadline for land claims should show good cause why they were eligible for consideration during the new window.

A deadline of six years must be set for the adjudication process to be completed.

Land Reform Minister Gugile Nkwinti dismissed the proposals, suggesting DA MPs were protecting their own interests as land owners.

"There's a fundamental difference between their approach and ours. Theirs is that land restitution is a project that must be done as soon as possible," Nkwinti said.

"Ours is a programme... land restitution is a programme for social justice and as a programme for social justice it is endless."

Several MPs made declarations on behalf of their parties when the DA amendments were put before the house.

Freedom Front Plus MP Pieter Groenewald accused both the DA and ANC of playing political football with the land issue ahead of the 7 May elections.

The party is against any opening of another land claims window.

"It threatens property security in South Africa. Land is a serious, emotional issue. It's a pity that the ANC and DA are playing games about it to get votes," Groenewald said.

"Do not use voters as cannon fodder to promote your own agendas," he charged.

The FF Plus declaration drew angry responses from the ANC and DA.

"I say to you Freedom Front, you are surrounded by a sea of those who are hungry... as we are speaking the waves are beginning to form... angry waves," said ANC MP Jerry Thibedi.

"I want to appeal to you to say one more please, please. Let us not be greedy. Let us share this land among those who work it."

The DA accused the FF Plus of choosing which parts of the constitution it chose to support.

The constitution makes provision for both the protection of property rights and the restitution of land to those who were dispossessed during apartheid rule.

"The Freedom Front Plus must be living with their heads in the sand if they don't realise land is a burning issue in this country," DA MP Kevin Mileham said.

"These amendments are designed to strengthen the process... to ensure the process is orderly, fair and transparent."

  • Bambanani Mdzimba - 2014-02-25 22:50

    The land issue was suppose to have been adress long time,we need solve this issue as a matter of urgency.

      ToldYouSo - 2014-02-25 23:00

      and how do you suggest they to this as a matter of urgency? They need to pull their finger out of their ear holes instead of blatantly procrastinating.. It still won't be solved for at least the next 10 years.. All smoke my no fire again.

      Flip Smit - 2014-02-26 04:10

      What will change, deadlines, greenlines, still not going to make the deadline. TIA no rush

      Kevin Marsh - 2014-02-26 05:05

      No one is owed anything . All current owners paid for their land with good money . The San owned all land , so any restitution should only be for the San . The ANC seems to adopt policies of give without earning , stealing without consequences . Policies like this will lead SA to poverty as seen in Zimbabwe . Now it will be free land , electricity , education , medical , housing ,anti retro viral costs absorbed, social grants , youth grants , old age grants . Who the hell does the work here as 95% of tax is for the poor who keep copulating and seem to have out copulated aids as the needs for the poor grow daily .

      Kevin Marsh - 2014-02-26 05:10

      A land policy like this shows just how unfit the ANC are o govern . Having numbers does not make a government . Brains are a requirement as well .

      Kevin Marsh - 2014-02-26 05:38

      All the so called bad whiteys that I know saved up , put a deposit on land and paid it off for many years. Please explain how that is theft ? If people want land they should follow the same procedure . But then I suppose everyone wants a farm along with a tractor and seed and guaranteed free water.

      Mark Hicks - 2014-02-26 06:42

      Never underestimate the power of stupid people in large numbers. I have loads of 6x3 foot plots available for anyone wanting my hard earned land.

      Check Mate Malan - 2014-02-26 07:42

      Kevin Marsh.. Your 1st comment is spot on .. especially the last sentence .. If this country does not do anything to those who just keep on drawing grants and raising children one after the other to grow up in poverty, in some dusty township somewhere, we are in trouble. We will never be able to to eradicate this poverty cycle . We will be like a dog trying to catch his own tail. Never ending circle. Please, someone with some clout in the government address this issue, or is it likely to lose you some votes because it is a controversial and sensitive issue. ?????

  • ToldYouSo - 2014-02-25 22:53

    Me thinks Juju has this by the tail so they are scrambling for quick votes. I could be wrong.

      Matthew Patrick - 2014-02-26 00:30

      I think you are both spot on. The ANC is trying desperately to minimise losses to EFF and the DA is trying desperately to syphon off some of these ANC detractors.

      Ayanda Koza - 2014-02-26 07:57

      Does this mean I may lay claim to any house and property in South Africa. If so how many are we allowed. Please government can you elaborate it a bit more clearly to the disadvantaged masses. What properties may we claim???

  • mmmmTim - 2014-02-25 23:10

    This is just a. I sense attempt to scrape some more votes. Nothing will happen, there is no money for this and after the election it will be ignored again until just before the following election. Nonsense, not a. I sense - sorry

      Mc Apple - 2014-02-26 07:29

      Indeed but when the voters ask, where is our land that was promised then of course someone will need to get the blame. Wanna take a stab at who will get blamed?

  • Udzai Munhumumwe - 2014-02-25 23:19

    Land Reform a la EFF manifesto is what's required! Not this tinkering with restitution!

      Vérité Un - 2014-02-25 23:30

      Compensation for land isin the constitution, accept it or go hungry!

      Udzai Munhumumwe - 2014-02-25 23:35

      You tjink people are intimidated by you "go hungry" threat? How is the rest of Africa surviving with no whites to plant the land? Today I was at The Tobacco Auction Floors as Blacks have started delivering a record tobacco crop in Zimbabwe - thanks to Mugabe's boldness in realizing that you can't rule a country whose land and economy you don't have as a people!

      Vérité Un - 2014-02-25 23:45

      Every day trucks are entering Zimbabwe with aid to keep Zimbabweans alive, alot of it from South Africa and some of it from other African countries where the same farmers you chased away are now producing your food, and white farmers are not just sending food to Zim but to countries like Angola, Namibia, Botswana, Mozambique and these are just the countries I know of, Good to see Robert's propoganda machine has been successful with you.

      Lawrencezikhai Nkomo - 2014-02-26 00:31

      They have to give them food they were sending everything to west so its time to give africa.

      Martin De Jager - 2014-02-26 00:48

      Udzai. Whatever bro, whatever. I would't get my hopes up just yet. Whatever happens at the polls the ANC would tinker the results ZANU PF style, to ensure that they have enough percentage votes to give them leeway. The whole IEC is basically a camouflage version of the ANC. And another thing, land doesn;t bother me, because I cannot farm. At least I can admit it and not making a fool of myself trying to convince everyone that the impossible is possible.

      Paul Ryan - 2014-02-26 00:55

      @ Udzai. The United Nations states that 239 million Africans go hungry each year, roughly 1 in 4 of the population. 1 in 5 children suffer from chronic malnutrition. 50% of children have a calcium, iron and zinc deficiency. Where is this bountiful plentiful environment that you talk about?

      Matthew Patrick - 2014-02-26 00:58

      Udzai, pity you can't survive from eating tobacco leaves. Zimbabwe is starving but it's cool 'cause the people at least have something to smoke.

      Kevin Marsh - 2014-02-26 05:08

      Shame , you must have gone to the same school as fatboy.

      Dewald P Montgomery - 2014-02-26 06:02

      As long as you understand that (i) food prices and availability (ii) and a collapsed economy a la Mugabe will be the result. And you will be unable to import food due to the exchange rate. I hope you have a backup plan for the riots. Because their isn't a country south of us where you can flee, like your brothers north of the Limpopo did. You will go nowhere, and with the emerging return of Nationalism to Europe, free handouts will dry up, and you will be all on your own. That will be the price you pay.

  • Lawrencezikhai Nkomo - 2014-02-26 00:39

    They have to give S.A pple land these pple are suffering in mkhukhus like rats,its a shame pple died for this land.

  • symi59 - 2014-02-26 00:51

    The start of the End ! ! ! Watch the example of all the countries around in Southern Africa, how is going with the "land restitution" ! ! ! ! Down, down and more down ! ! ! ! !

  • Justice Maedzenge - 2014-02-26 00:59

    The thorny issue of land!! As long as it is not adressed satisfactorily, it will continue to prick gorvenments. Wether its ANC, DA ,EFF or whatnot is the ruling party is not the issue. Certain facts have to be agreed upon. BLACKS WERE DISPOSSESED of their land and deserve restitution.(anyone who claim otherwise is not from this planet). For land redistribution to work, the gorvenment must fully suport the new settlers(new farmers/ new owners of land) financially and technically. The new land owners must be productive inorder to benefit the nation. Lastly the land issue should never be used to score political points for Political parties becoz its a very sensitive topic with a potential to make or break a nation.

      Leshilo Kedibone - 2014-02-26 06:27

      @kevin Sadie. This notion that black people can't farm is very wrong.stop hallucinating. U got an idea from the media not first hand experience.

      Blinde Sambok - 2014-02-26 06:50

      Leshilo most blacks do subsistence farming which only produces a liitle for themselves. The city dwellers will go hungry if all the commercial farms are cut up and distributed to subsistence farmers. I know it is difficult to understand for you but take my word for it. Go travel into Africa a bit and see the few mielies around each hut.

  • Dave Rigby - 2014-02-26 03:02

    Zille is right about Land Claims - Land claims are legitimised theft of public money used to persuade the electorate to vote for the ANC. More than 50% of land in KZN is either owned by the government or Ngonyama trust. The land in private hands either produces milk, meat, timber, sugar or vegetables. Take that away and the people are going to experience a serious shortage of food and a hike in food prices. A hungry populace is not conducive to a stable society.

      Melusi Madela - 2014-02-26 08:16

      In Kzn there is no one complaining about, everyone got land in there. Ngonyama trust managing it very well.

  • Piet Genade - 2014-02-26 03:12

    So, is the government going to become the owner of the land or is it going to be distributed amongst certain tribe members (chiefs and headman) in those areas? How is Mr. Khumalo who lives in Soweto going to benefit from this or Mrs Tietie, a black executive from Sandton who drives a new BMW (how is she going to benefit). If the land is going to be farmed by whoever, will the proceeds of the crop be distributed amongs all black South Africans in the cities and in the country side? I don't quite understand this thing. Who are the actual beneficiaries?

  • Deon Lemmer - 2014-02-26 03:15

    The dates and time-frames were agreed upon by all parties during yhe 1990’s negotiations, and now they want to open up restitution again? But everybody forgot what the rationale behind the dates and time-frames previously set was. This is window-dressing for a slow process of land grabs. That’s all

  • Altus Kirsten - 2014-02-26 03:21

    Shall we now claim lamd back from the British pre-1913?

      ToldYouSo - 2014-02-26 05:22

      Gee, why not Altus? Let's also hop on this gravy train before it leaves the station.

      Dewald P Montgomery - 2014-02-26 06:14

      In fact, we should fetch all the treates held in the National Archives, signed by the native chiefs between 1700 and 1870 where they exchanged land for cattle and military help. The whole area next to Swaziland was exchanged by the Swazi king with Piet Retief and yet somehow ended up under ANC rule. Stellaland, Goosen, and Port Natalia... all exchanged for help against invading tribes. The same invading tribes they today call their 'brothers' just to foster a political agenda. And then go on rampage to 'kill' when things turn 'xenofobic' (nice word for black on black racism and hatred). In fact, I hope the Khoi and San claim back their areas just above Port Natalia, which ironically is where Palace Nkandla is situated. And no, the Khoi and San are NOT their ancestors as they often believe. They speak distinct languages, unlike Zulu and Sotho which are derivatives of central African dialects. I wonder why they don't just go claim BoTSWANA (where the Tswanas and Sothos came from) and Zambia (where the Zulus came from). They'd have much more fertile land. And larger farms. As it seems the size of the farm matters to them. For all who wants to know: Them = The yellow green and black misfits.

  • Dlayani Tivani - 2014-02-26 03:59

    We don't want to see Blood en we don't want to see Exodus ,this land issues must be solve peacefuly !

      ToldYouSo - 2014-02-26 05:16

      Who's going where..?

      Dewald P Montgomery - 2014-02-26 06:21

      There will be blood. I'm telling you - whether one wants to solve this or not, and whether one is a liberal or conservative - there will be blood. Because (i) land treaties were signed by the chiefs in the past, no matter how the ANC wants to twist things (ii) that means many farms fall in areas formerly known as the ZAR, VR, Stellaland, Goosen and Port Natalia [all exchanged land under treaties] (iii) the farmers have NOWHERE TO GO and EVERYTHING TO LOSE (iv) the farmers have workers and families who depend on them for a living. Die Derde Vryheidsoorlog is on its way, whether we support it or not. And as with all the previous wars, there will be casualties. There's a REASON our farmers haven't started shooting yet. Because in terms of UN resolutions they MAY NOT BE THE AGGRESSORS if they want UN support. As soon as SOMEONE ELSE starts the fight, they will fight. And my friend, they are ready. Whether we like it or not. They're a tiny but powerful minority even within the minority. You and I, and the churches, and the DA, and who else, will still be preaching the rainbow nation where a minority maintains a majority and the majority is protected by law against the minority, when all hell will break loose. It's coming.

      Mc Apple - 2014-02-26 07:50

      @Dewald P Montgomery: There is also no doubt in my mind that the war you speak off is coming. I however don't think it will be as clear cut as you think. In fact I don't think the whites will have much to do with that war except being used as scapegoats and maybe choosing a side and then getting into it fists flying. I pray I will see it to the end. I remember a time when if you spoke my language you where my brother, now we hardly greet each other walking down the street. Each of us tinkering with our own little lives trying to outshine your brother but hardly looking up to acknowledge one another. A time when right was right and wrong was wrong and you could count on your neighbor and even trust him. I pray I will see our nation united once again. I'm sure this war will do that.

  • Piet Genade - 2014-02-26 04:40

    Let's claim back Namibia. Why did we let go of an area that we won in war from the Germans? We must be the only country in the world that just gives away hard fought for territory

      ToldYouSo - 2014-02-26 05:12

      Simple really. We don't want something for nothing.. What we do have comes through blood, sweat, tears and most of all Hard Work.

      Puple LeMoo - 2014-02-26 07:36

      Inherently I understand what you are saying. However not to be a spoilsport - The ICC court case on matters relating to the Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970) and UN decleration no. 2145 regarding Namibia is public record. In short - Namibia was a post-war protectorate and the South African mandate expired.

  • Dewald P Montgomery - 2014-02-26 05:59

    Strange how the ANC's view is "Let us share this land", but as soon as it comes to taxes, it's "Let THEM pay". Imagine if they had said (about e-tolls) "Let us share this road" or "The road belongs to all who travel it". User pay se gat. Where's 'User pay' when it comes to hospitals, police, TV, electricity, water? It's all about taking from those who have. The yellow green and black band of misfits - and soon the red roaches too - do not understand that at a certain point in time two things will happen: (1) those who have something left, will leave the country (2) those who had something left, have nothing left. What on earth are they going to do then? This is the problem with their 18th century agenda. They simply don't see that far.

  • Hlogi Dineo - 2014-02-26 06:08

    My father land, my land halala africa halala, african from origin.

  • Shameerah Davids - 2014-02-26 06:38

    if it is true just give Distric six to its people dont play russian roulette with the peoples minds

  • Ayanda M Masina - 2014-02-26 06:44

    You take my land then when I want it back you tell me it belonged to the guy who owned it before me, (the San) a guy you heard about, you don't even know which part of the land they owned & didn't . This land was taken during apartheid & we will have it back no matter what. You can blog & spew bike here on news24 we will pass laws in parliament and expropriate this land

      Mc Apple - 2014-02-26 08:01

      Yes and I hope you do (I'm serious) so that you can see how your people has lied to you. You have to see that your government is sitting on most of the land. Of course when you dying of hunger it won't mean much but hey, this is Africa right. Who cares if a few million Africans die right?

  • Grant Montgomery - 2014-02-26 06:47

    Land seizures have proved to be a complete failure in Zimbabwe. In 2000 tobacco production was 237million Kgs. This year its expected to be 170 million Kgs. In 2000 there were about 3000 mosly commercial tobacco farmers. This year the figure is 80000 who are mostly small scale farmers. They have switched from farming maize resulting in the country having to import this staple foodtuff. Of interest to note is that 54 percent of commercial farms are today contracted out on a seaonal basis mostly to Chinese firms.

  • Tangai Defe - 2014-02-26 06:48

    SA land issue,kkkkkkkk,lets wait and see!

  • Puple LeMoo - 2014-02-26 06:56

    I agree that land restitution should be reconsidered as it is a sensitive and emotional issue. What I don't agree with is the timing and the approach. Yet again politicians have proven they cannot be trusted as they are using a sensitive and emotional issue to play with the hearts and minds of people primarily for the purpose of obtaining votes. The timing smacks of an attempt at manipulating people.

  • Sisie Indola - 2014-02-26 07:03

    Yeah its an election year - this will win votes.

  • Matshane Seleko - 2014-02-26 07:05

    A lot of noise is made about the issue of land by blacks and whites.Ok,that's fine.But here's a question:What about the colouds and all the other 'mixed-race' people?Will they also get a share in the 'stolen' land?And there are those that are no longer truly(or 100%) african because their african blood has been 'diluted' a lot.Will they also get a share of their own?

      Puple LeMoo - 2014-02-26 07:13

      You are asking a reasonable and valid question. I think that this a difficult situation being abused by politicians for personal gain.

  • kevern.upton - 2014-02-26 07:05

    "The Democratic Alliance attempted to introduce additional amendments to the bill, but was outvoted by the anc MAJORITY". and right there is the problem, opposition does not have sufficient numbers to add meaningful and reasonable contribution. Any black elites is welcome to buy out my future in this country and sponsor my emigration, I have not trust in the leadership of this country nor the majority electorate that keeps it there.

      kevern.upton - 2014-02-26 07:28

      Wow, that's really intelligent, you are clearly part of the en mass electorate, carry on, your future is imperfect.

  • Andile Vanqa - 2014-02-26 07:12

    The current government needs to create its own 1913 act. Then some people will understand how they got their so called land they worked for.

  • Sello Johannes Maswanganye - 2014-02-26 07:21

    I'm glad if this bill is going to make any positive imapact specifically on land reform issues. Majority of black people people are still struggling to acquire land for residential purposes, that's why there are lot of informal settlements. This is not about the ANC trying to score political points, but is about taking the land to its original owners. I can't wait to see the implementation of this bill. Sorry DA you are just a fry in the pan, you could have addressed this issue during the apartheid, unfortunately this is our time.

  • Andre Jacobs - 2014-02-26 07:25

    Well there goes the assurance that investors had that at least some aspect of the past was sorted out---but here it is again.

  • Grant Montgomery - 2014-02-26 07:27

    We're only hearing about land restitution because there's an election coming up, it'll soon be forgotten. I don't remember the figures but a commentator posted on this forum that if all the arable land was shared out equally amongst the population, each person would only get a few acres. Some also posted that most land in South Africa is already owned by the government.

  • Brad Smith - 2014-02-26 08:03

    what is most disappointing in all this is the democratic alliance. they have become a wishy washy directionless and desperate party. they have sold out the members that made them what they are. here is one vote they have just lost.

  • Jacques Coetzer - 2014-02-26 08:39

    How will land restribution actually work, given that there are about 30 000 farms in SA? That's 1 in every 100 of the white population that actually are farmers. Lets say they all get kicked off, will there be a national lottery to choose 1 in every 1000 blacks to get a farm?

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