SAHRC report on Land Restitution points to DA policy as the answer

23 November 2014

The recent report of the South African Human Rights Commission (SAHRC), released on Friday, on the systemic challenges facing the land restitution process, is consistent with DA policy (see here - PDF). 

The obstacles to land restitution as identified by the report do not stem from constitutional provisions and the accompanying legal framework, as constantly put forward by the ANC. 

The true obstacles, as identified by the SAHRC, are:

Challenges in relation to the calculations and determination of the value of earmarked land. 

The publicised number of claims outstanding is not dependable as the system of counting has changed so often.

No system is in place that will give claimants information regarding the status of their claims.

The Commission for the Restitution of Land Rights differs with the Department of Rural Development and Land Reform in terms of strategy, policy priorities and processes in relation to models for the settlement of claims and implementation.

A thorough reading of the report indicates clearly that the challenges in Land Restitution are caused almost entirely by an inability of government to effectively administer the process. In short, the ANC is to blame for not properly implementing and managing the Land Restitution programme. . 

From a policy perspective, the DA supports a land reform process that achieves redress in rural communities and that promotes economic inclusion to lift rural people out of poverty.

A key tenant of the DA policy on land restitution is increasing the security of tenure in informal areas by amending Section 10 of the Housing Act (Act 107 of 1997) which concerns restrictions on the voluntary sale of state-subsidised housing. The current probationary period of eight years should be reduced to two years. 

The report supports DA policy by saying the following:

"Just as an existing owner of property can decide on whether to use their land for a golf estate rather than farming, so a person whose land has been restored should be able to make the very same decision. The RDP needs to enable restitution beneficiaries to receive the financial and technical support they need to use the restored land in a manner that most directly accommodates their own, self-identified needs."

The DA's land reform policy covers the three basic pillars of land reform, which are tenure security, redistribution and restitution, and makes both specific and cross-cutting proposals to improve the effective implementation of these programmes.

The DA has become the voice of true reform and the real hope for redress and, will thus continue to fight for land reform and land restitution that works in an open, fair and efficient manner, creating opportunities for all.

Statement issued by Thomas Walters MP, DA Shadow Minister of Rural Development and Land Reform, November 21 2014

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