Advocate Tembeka Ngcukaitobi says people must ask why land reform has been a 'pitiful failure' in the hands of the ANC.
His comments come after a motion for land expropriation without compensation was passed by 241 votes.
Speaking to Bongani Bingwa, Ngcukaitobi says he believe there are three reasons land reform has failed.
- Corruption: There is a lot of corruption in land reform processes.
- Bureaucracy: The entire process gets blocked up with the bureaucratic process, making it difficult for an ordinary person to process a claim.
- The inability of government bureaucrats to properly interpret the Constitution. The Constitution sometimes is seen as a stumbling block.
One of the greatest indictments against government is that in the last 24 years it has failed to amend the appropriation act of 1977.— Advocate Tembeka Ngcukaitobi
Meanwhile, a new land debate looks to be on the horizon, following Tuesday's historic agreement in Parliament.
In KwaZulu-Natal, King Goodwill Zwelithini is fighting the Motlanthe Commission Report in regards to the iNgonyama Trust.
Last year the commission recommended the trust be dissolved and all land under it be returned to rural communities.
Ngcukaitobi says the iNgonyama Trust is a colonial throwback, which deprives ordinary individuals control over their land.
The colonial government wanted a way of controlling Africans living in the so-called 'native reserves. It then passed an Act to control people and their land.— Advocate Tembeka Ngcukaitobi
The Motlanthe Commission seek to remove the control of chiefs and the control by kings and to return the control to individual families who actually live and work in the land.— Advocate Tembeka Ngcukaitobi
Listen to which frameworks Ngcukaitobi says **must be dealt with **