NKWINTI'S LAND PROPOSAL IS UNCONSTITUTIONAL, IMPRACTICAL AND UNAFFORDABLE -The Freedom Charter cannot be regarded as the country's founding document

It seems strange that both Minister Nkwinti and the ANC fall back on the 1955 Freedom Charter to justify new land proposals which are both unachievable and impractical. The Freedom Charter, as is so often quoted in policy documents and pronouncements, is not the founding document of our constitutional democracy. The 1996 South African Constitution is the only founding document and should form the basis of all policy proposals. The South African Constitution is neither subservient to the Freedom Charter nor can it be read in conjunction with the Constitution.

We remind Mr Gugile Nkwinti, Minister of Rural Development and Land Reform as well as the ANC of the fact that the drafting and adoption of the 1996 South African Constitution came from a lengthy and laborious process which ended in its adoption in December 1996. The final Constitution originated from an interim constitution and secondly, it is based on 34 negotiated constitutional principles. The Constitutional Court certified the final text of the SA Constitution on 4 December 1996 which complied with these 34 constitutional principles. These constitutional principles are widely accepted as a national accord and should at all costs be maintained, promoted and defended.

It is important to note that these constitutional principles are currently threatened, especially by the calls for a second phase or second transition on the back of the rhetoric of the National Democratic Revolution. There can be no place or space for proposals based on outdated ideologies to take land. The government of the day can only be guided by the 1996 Constitution. References to revolution and a second transition are not in line with the national accord and the 1996 Constitution.

Land reform requires a  collective commitment by all South Africans, not just farmers. In particular, this process must include the state, which has thus far spectacularly failed in its contribution and now blames such failure on role-players in agriculture.

We also remind Minister Nkwinti that in the last few years many alternative proposals with workable solutions to land reform and agriculture in South Africa have been submitted to his Department. It appears as if the new policy proposals are aimed at avoiding any successes and instead paves the way for large-scale state intervention in all types of property in South Africa, not just agricultural land. Although no one mentions nationalisation these proposals are all hidden elements thereof.

It will be extremely foolish to experiment with productive farmland. In this regard we also remind Minister Nkwinti that in 1994 there were approximately 120 000 productive commercial farmers in South Africa. Today only approximately 36 000 commercial farmers are left. More alarming is that 95% of South Africa's food production is in their hands, the remaining 5% comes from the 220 000 emerging and 1.3 million subsistence farmers. To experiment with outdated ideologies will put crucial food production seriously at risk.

Minister Nkwinti and his Department could've found an acceptable solution by studying all the proposals submitted to his office during the last couple of years. Part of the solution is based on the transfer of property rights in traditional areas and land directly owned by the state. There is more than enough expertise and knowledge in agriculture available for establishing and supporting new farmers. The political will is however lacking and moreover, the ability of the Department has been so reduced by costly and failed initiatives. It is time to put the South African Constitution, national interest and food security first - not short-term political gain.

Statement issued by Jaco Schoeman, Chairperson of the Afrikanerbond, June 26 2014

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