Green Paper on Land Reform will undermine the constitution
AfriForum today submitted its comments on the Green Paper on Land Reform. According to AfriForum's spokesperson on economic affairs, Cornelius Jansen van Rensburg, the Green Paper carries within it the ability to render constitutional rights null and void and as a consequence can undermine economic prosperity, as well as social and political stability.
In its submission, AfriForum argues that the Green Paper on Land Reform seeks to solve the land question with a single stroke, depending on various erroneous assumptions, allegations and unworkable procedures.
"The Green Paper is based on the assumption by Government that the principle of willing buyer and willing seller is not feasible, and blames the failures of this policy on the farmers. This is a misguided assertion that ignores the bureaucratic failures and corruption on Government's side," Jansen van Rensburg said.
Although the whole document is rejected by AfriForum, specific issues in the Green Paper that are totally unacceptable and that cause grave concerns are:
- The severe limitations it places on private ownership; as well as that
- Government will determine the value of land;
- Government will have the right to invalidate title deeds and confiscate land; and that
- Government will have the right to actively intervene regarding the utilisation of land.
Amongst others these measures will provide undemocratic and tyrannical powers to Government that will allow it to act outside of the ambits of the Constitution.
Government has no moral position to attempt to reduce, inhibit or alienate the rights of its citizens. If this document were to be accepted, it has the potential to cause irreparable harm to South Africa and its people. By introducing these proposals as governmental policy, we will not only face political, economic and social calamity, but the ideal of a flourishing democracy will also be destroyed.
AfriForum does not oppose rational attempts to broaden the land ownership of individuals and communities. In fact, to ensure economic prosperity, land ownership needs to be made more accessible for all citizens. "The Green Paper demonstrates the opposite intention," Jansen van Rensburg said.
AfriForum questions the constitutional validity of the proposed Green Paper and will use all valuable avenues to oppose the Green Paper on Land Reform.
(Closing date for submissions on the Green paper: 30 December 2011)
Statement issued by Cornelius Jansen van Rensburg, AfriForum: Economic Affairs, and Willie Spies, AfriForum: Legal Representative, December 29 2011
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