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The Land Question in South Africa TITLE AND ENTITLEMENT: THE LAND QUESTION IN SOUTH AFRICA TWENTY-EIGHTH ISSUE OCtoBER 2013 QUARTERLY roundtable THE HELEN SUZMAN FOUNDATION SERIES helen.suzman.foundation promoting liberal constitutional democracy Vision Promoting liberal constitutional democracy in South Africa. Mission To create a platform for public debate and dialogue – through publications, roundtable discussions, conferences, and by developing a research profile through an internship programme – with the aim of enhancing public service delivery in all its constituent parts. The work of the Helen Suzman Foundation will be driven by the principles and values that informed Helen Suzman’s public life. These are: • reasoned discourse; • fairness and equity; • the protection of human rights; • the promotion of rule of law. The Foundation is not aligned to any political party and will actively work with a range of people and organisations to have a constructive influence on the country’s emerging democracy. “I stand for simple justice, equal opportunity and human rights; the indispensable elements in a democratic society – and well worth fighting for.” — Helen Suzman Hosted with the support of the Open Society Foundation For South Africa roundtable Contact Details Tel +27 11 482 2872 Fax +27 11 482 7897 Email [email protected] Website www.hsf.org.za Postal address Postnet Suite 130, Private Bag X2600, Houghton, 2041, South Africa Physical address 2 Sherborne Road, Parktown, 2193, Johannesburg helen.suzman.foundation promoting liberal constitutional democracy Contents 2 PROFILES 4 EXECUTIVE SUMMARY 6 FRANCIS ANTONIE Director of the Helen Suzman Foundation, Chair 8 NOMBONISO GASA Senior Research Associate at the Centre for Law and Society, University of Cape Town 11 MONTY NARSOO Governance Specialist for the National Upgrading Support Programme and a Member of the Accreditation Panel for the Devolution of the Human Settlements Function 15 SONGEZO ZIBI Senior Associate Editor at the Financial Mail 19 LEON LOUW Executive Director of the Free Market Foundation (FMF) and of the Law Review Project (LRP) 25 DISCUSSION, QUESTIONS & COMMENTS This Quarterly Roundtable Series monograph is published by The Helen Suzman Foundation. ISSN 1996-1770 Board of Trustees: Ken Andrew • Hylton Appelbaum • Doug Band • Jane Evans • William Gumede • Nicole Jaff • Daniel Jowell • Temba Nolutshungu • Krishna Patel • Gary Ralfe • Sipho Seepe • Mary Slack • Richard Steyn • David Unterhalter Trustee Emeritus: Colin Eglin Director: Francis Antonie || QRS Coordinators: Wim Louw • Roshan Arnold • Anele Mtwesi • Eythan Morris Design & Layout: Alison Parkinson || Media Photography: supplied by GIBS Funders: The Helen Suzman Foundation is grateful to the Open Society Foundation For South Africa for their support. 1 Profiles Nomboniso Gasa Monty Narsoo Nomboniso Gasa is a Monty Narsoo is the former researcher, analyst and public CEO of the South African commentator on Gender, Cities Network, and former Politics and Cultural Issues. Deputy Director-General Ms Gasa is a Senior Research of the Department of Associate at the Centre for Housing. He is currently the Law and Society, University Governance Specialist for the of Cape Town. Her work National Upgrading Support focuses mainly on custom as Programme and a Member a ‘dynamic phenomenon’. of the Accreditation Panel for the Devolution of the Human Settlements Function. 2 Songezo Zibi Leon Louw Francis Antonie Songezo Zibi is the Senior Leon Louw is the Executive Francis Antonie is the Associate Editor at the Director of the Free Market Director of the Helen Suzman Financial Mail, a public Foundation (FMF) and of the Foundation. He is a graduate intellectual and commentator Law Review Project (LRP). of Wits, Leicester and who has written widely for His principal interests are Exeter Universities. He was various publications on small and micro business, awarded the Helen Suzman politics, the economy and and black economic Chevening Fellowship by international affairs. empowerment. He has the UK Foreign Office in been intimately involved with 1994. From 1996 to 2006 and a prominent activist he was senior economist at for organised and informal Standard Bank; thereafter he SMMEs, starting with the was Director of the Graduate fledgling National African School of Public Development Federation of Chambers of and Management at Wits Commerce (NAFCOC) and University. He was the Johannesburg Street Vendors founding managing director of in the late 1960s. Strauss & Co. 3 executive summary his year marks 100 years since the Gasa, Narsoo, and Zibi emphasized how passing of the Natives Land Act of ownership is linked to identity. Narsoo T1913. The Land Act relegated black argued that ‘title deeds’ are not the only way South Africans to specific geographic that tenure security can be achieved. He areas (‘homelands’) and segregated land went on to say that social practices and the acquisition along racial lines, bringing with it acknowledgement of these practices can massive land dispossession, and effectively be just as secure. Zibi noted that land is not sabotaging black ownership. The effects of always used ‘to farm’ but that people need Apartheid’s land policies are felt by many land to create a home. South Africans to this day, and current land policy and redistribution efforts have failed From a formal perspective, all speakers to untangle the mess. agreed that the legal recognition of ownership is extremely important. Louw The HSF brought together: emphasized that, without unambiguous title • Nomboniso Gasa (A researcher, analyst deeds, citizens cannot participate in the and public commentator on Gender, economy as full citizens. Politics and Cultural Issues); • Songezo Zibi (Senior Associate Editor at Gasa held that urban, and ‘traditional land’ the Financial Mail); should be spoken about in the same terms. • Monty Narsoo (the Governance Specialist She raised concern over ‘chiefly power’ in for the National Upgrading Support traditional areas, and how government and Programme); and private interests trump the interests of those • Leon Louw (Executive director of the Free citizens living in these areas. She argued Market Foundation). that ‘tribal structures’ are reproducing apartheid structures. In reality, Gasa argued, The main theme was land ownership which ‘traditional areas’ is only a euphemism for was discussed from a social and formal ‘homelands’, and those who occupy these perspective. areas are still not liberated from apartheid’s 4 executive summary hold. She and Narsoo spoke about ‘new conscious decision must be taken to place forms of dispossession’ in the form of the issue at the top of government’s agenda. evictions and land removals. According to Zibi, land restoration ought to be founded on human solidarity, and where Narsoo raised concern over the fact that it is shown that land has been dispossessed, South Africa, now an ‘urban country’ with action needs to be taken – but within the growing informal settlements, is still stuck framework of the Constitution. with a labour migrant system. He pointed out that an important step government Louw closed the discussion by ‘debunking’ has taken has been to recognize informal what he considered to be ‘land myths’. settlements as legitimate areas, and that These myths included government targets the challenge now is to upgrade these for land distribution, the state of land settlements. ownership before and after the 1913 Land Act, and the ‘dangers’ of granting permanent However, as the HSF noted in its opening land holders free, and unambiguous title remarks, the forced land removals and deeds. Louw pointed out that although further atrocities recorded in Cato Crest and RDP housing has been provided by the recently drawn attention to by prominent government, these houses are provided international scholars and academics, under very strict guidelines that undermine illustrates how vulnerable many citizens are genuine ownership. Occupants are not able without a way to assert their ownership. to freely trade, rent, or use their property in the same way that private land owners Zibi brought attention to the process of land can. Louw held that if politicians are serious reform as a ‘bureaucratic program’. The about achieving racial equality, they would result is a loss of individual and collective declare all permanent holders of land to agency in the process. Zibi claimed that be unambiguous owners of freely tradable, land reform is a failure of leadership – if the mortgageable and lettable land. land issue is to be taken truly seriously, a 5 welcome has indicated a need to intensify the land redistribution programme, apparently moving from a willing buyer, willing seller to a just and equitable approach. More recently, the National Development Plan (NDP) recommends that every municipal district with commercial farmland within its borders, should establish representative committees to facilitate a 20% transfer of land to black ownership under very specific guidelines, to prevent market distortions. Some have however argued that the land policy has failed to afford genuine ownership, tenure security and the possibility of participating in the economy for many South Africans. Land policy has failed to deliver this right to the poor, and in so doing, they continue to be severely disadvantaged. On behalf of the Helen Suzman Foundation I want to welcome you to this roundtable on It is this question of genuine ownership that land, specifically dealing with the themes of we want to focus on this evening. The
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