- Tembeka Ngcukaitobi is the author of The Land is Ours
- On Monday, the African National Congress (ANC) reported back on its land reform workshop, held in Johannesburg over the weekend
- Ngcukaitobi says the ANC needs to address the legislative framework in order to resolve the critical land issue in the country.
On Monday this week, the ANC reported back on its land reform workshop, held in Johannesburg over the weekend.
One significant point that stood out to many was the ANC’s acknowledgment that the party had not handled land reformation well in the past and has not honoured transformation well.
When looking at the ANC’s contribution to the constitutional review process, Ngukaitobi commented that it is imperative that we test the transformative impact of the constitution. He added that what this actually means is that, where the government has the power to legislate, it must legislate and where the government has the responsibility to administer, it should administer.
He added that it should never be scared of the constitution, as the constitution was never intended to restrain the power of the government for no good reason, but was rather designed to transform property relations on a horizontal level as well as power relations on a vertical level so that the power belongs to the people.
The author stated that he hopes that where there is scope for legislation, the legislation will be passed, which included the expropriation bill. He added that he also hopes the long line of cases waiting to appear before the land claims court will be tested.
He summarised this by stating that the legislature must not be scared to do what it was intended to do: that is to craft laws.
When discussing the idea of instability, he added that instability is inevitable in any form of transformation.
Enca.com featured an interesting interview with Ngukaitobi on the land reform issue.
Briefly.co.za recently featured an article called 5 quotes that tell us that government is serious about land redistribution.
In this article
- The government is moving ahead with plans on redistribution of land
- During her budget speech, Maite Nkoana-Mashabane revealed the department of rural land redistribution's plans
- She provided five ways in which the government would be doing this
Maite Nkoana-Mashabane, the minister for rural land redistribution plans on using the existing legal framework to fast-track land reform. She revealed government's plans to speed up the land reform when she tabled her department's budget vote speech on Friday.
Labour Tenants Parliament is working on a proposal to amend the constitution and is considering public submissions. This would allow for land expropriation without compensation.
Nkoana-Mashabane explained how she plans on moving forward.
“While the Parliamentary process unfolds, the department will continue to advance land reform through existing programmes of land restitution, land redistribution and land tenure reform using the existing constitutional provisions to argue for limited compensation including in cases such as the return of land to labour tenants and farm dwellers.”
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