Land reform in the spotlight on Eusebius McKaiser show

Following centuries of colonial rule and decades of apartheid rule, democratic South Africa set out to redistribute the rights to land to remedy past racial injustice and lay the basis for more equitable development.

Section 25 (3) of the Bill of Rights have been criticised by some for not allowing radical expropriation of land which was taken unjustly from indigenous people.

Section 25 (3) says 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.

Advocate Geoff Budlender says blaming the Constitution for failed land reform is without factual foundation.

Budlender says government has not used the Constitution in the way it is entitled to do.

If the words of Section of 25 were followed we would have a situation where the court would say, what's the fair compensation now.

Advocate Geoff Budlender

What the Constitution does is it provides for a mixture of factors so you can decide what is equitable for a particular case.

Advocate Geoff Budlender

Black First Land First national convener, Andile Mngxitama, says market value on the land is the main issue.

He says white land owners do not have a will to contribute to a just society and to return the land he refers to as stolen.

This has got to do with a government willing to take land and land owners accepting historical question of injustice that all land held by white people is a stolen property.

Andile Mngxitama, Black First Land First national convener

It's historical question that needs a political intervention not a legal intervention.

Andile Mngxitama, Black First Land First national convener

Associate Professor at the Institute for Poverty, Land and Agrarian Studies, Ruth Hall, says government has not used sub-clauses of Section 25 which she says are a mandate for transformation.

Hall says there is a need to question class agenda in how the land reform programme plays out.

The most important question is what do we want to achieve through land reform and how do we democratise the process.

Ruth Hall, Associate Professor at the Institute for Poverty, Land and Agrarian Studies

I see the process so far as being highly bureaucratic, highly untransparent with some evidence of some corruption and patronage involved in the allocation of land.

Ruth Hall, Associate Professor at the Institute for Poverty, Land and Agrarian Studies

Listen to the audio below for more information on land reform...


Recommended

by NEWSROOM AI
Read More
Farmworkers get even bigger cut in Solms-Delta wine estate

Farmworkers get even bigger cut in Solms-Delta wine estate

Farmworkers at the prestigious Solms-Delta wine estate in Franschhoek now own 45% of the business following an empowerment deal.

EFF will deal with Absa in its own time - Malema

EFF will deal with Absa in its own time - Malema

Julius Malema says EFF will still deal with Absa, but in its own time and will not join BLF's Occupy Absa campaign.

The ANC has dragged its heels on land reform for years - analyst

The ANC has dragged its heels on land reform for years - analyst

In the January 8th statement, President Zuma said ANC believes it is time to return the land to people, but will this materialise?

Transfer of land must be well executed - analyst

Transfer of land must be well executed - analyst

Prof Somadoda Fikeni talks about land distribution following recent EFF statements and says it needs to be a well planned process.

Malema is the canary in the coal mine - land reform expert

Malema is the canary in the coal mine - land reform expert

Land reform is slow and ineffective and the question of whether enough is being done to address the land question looks gloomy.

Treasury working against blacks - Manyi

Treasury working against blacks - Manyi

Andile Mngxitama and Jimmy Manyi among a group of "concerned citizens" at the airlines offices checking if SAA is in good hands.

President Zuma and BRICS leaders under attack by white capitalists: Mngxitama

President Zuma and BRICS leaders under attack by white capitalists: Mngxitama

Andile Mngxitama describes Black First Land First's view that white capitalists are behind campaigns to remove President Jacob Zuma from office.

Issues of women and land reform under the spotlight on Friday Stand In

Issues of women and land reform under the spotlight on Friday Stand In

Friday Stand In Nomboniso Gasa speaks to two women who have played an important role in empowering rural women.

"We won't rest," says Mngxitama after storming Madonsela's turf

"We won't rest," says Mngxitama after storming Madonsela's turf

Speaking from a cell, Andile Mngxitama says his movement won't stop until the Public Protector's office addresses their demands.

Public Protector's office clarifies hostage situation

Public Protector's office clarifies hostage situation

Oupa Segalwe says Public Protector Thuli Madonsela has no powers to investigate issues that pre-date the creation of her office.

3 public protector staff held hostage by Black First Land First members

3 public protector staff held hostage by Black First Land First members

Thuli Madonsela's office says the 25 arrested BLF members forced their way into the office armed with petrol containers.

Land reform laws biased against blacks, says Zuma

Land reform laws biased against blacks, says Zuma

President Jacob Zuma told the National House of Traditional Leaders that land reform laws are biased towards black people.

Dissecting Apartheid

Dissecting Apartheid

In order to understand where we are now as a country, we need to look at the relationship between colonialism and Apartheid and how colonialism manifested itself in 1948.

ANC does not care about redress and racism - Mngxitama

ANC does not care about redress and racism - Mngxitama

BLF's Andile Mngxitama explains Anti-Racism Action Forum's decision to lay criminal charges against FW de Klerk and Adriaan Vlok.

#SONA2015: Disgruntled EFF MP attacked at alternate press conference

#SONA2015: Disgruntled EFF MP attacked at alternate press conference

Disgruntled EFF MP Andile Mngxitama was physically attacked by EFF members on Thursday when he tried to speak to the media.

Popular articles
Idols judge Unathi Nkayi gets intimate - opens up about money, beliefs about it

Idols judge Unathi Nkayi gets intimate - opens up about money, beliefs about it

The Money Show’s Bruce Whitfield interviews Nkayi about her attitude to money (hopes and fears, successes and failures, etc.).

VBS gave Zuma R8.5m before any security was provided for loan - News 24 journo

VBS gave Zuma R8.5m before any security was provided for loan - News 24 journo

News 24 investigative journalist Kyle Cowan reports that Zuma was granted the loan despite the fact that he could not afford it.

'The VhaVenda King is very pained by what happened to VBS and people's money'

'The VhaVenda King is very pained by what happened to VBS and people's money'

The VhaVenda King's spokesperson Mathivha Makonde says the King is calling on authorities to help him correct the wrong.

Journos provide fresh insights into the latest on state capture inquiry

Journos provide fresh insights into the latest on state capture inquiry

Journalists Karyn Maughan and Erin Bates provide insights into the state capture inquiry.

C-section births have nearly double since 2000 - study

C-section births have nearly double since 2000 - study

Professor Justus Hofmeyr says there are a number of reasons why the number of c-sections has doubled.

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

Check out the videos, tweets, Facebook posts that have gone viral and why this kid cheered her dad on in the toilet.