Latest news with #ExpropriationActof1975
Zawya
21-03-2025
- Politics
- Zawya
South Africa must adopt a human rights-based approach to land reform
With the Expropriation Act now in effect, land reform is once again in the spotlight. As South Africa marks Human Rights Month, the land reform programme remains a key issue in the country's broader human rights discourse. Land ownership, access, and productive use are essential to realising fundamental human rights. Underutilisation The right to land extends beyond ownership—it includes the ability to productively utilise land to improve the livelihoods of people. A key challenge in the land reform process has been the underutilisation of restituted land. To prevent land from lying fallow, thorough assessments must be conducted before land claims are finalised. Plans for land use and community support should be in place before transfer occurs, to ensure the long-term viability and sustainable use of the land. The enactment of the Expropriation Bill into law by President Cyril Ramaphosa earlier this year has pushed land reform into the center of public discourse. The new Expropriation Act replaces the apartheid-era Expropriation Act of 1975 and outlines the legal framework for the government to expropriate private property for public purposes or in the public interest, setting rules for how compensation should be determined. While the act generally mandates fair compensation, it also allows for certain cases in which no compensation may be paid, provided it is deemed just and reasonable. While there is consensus on the need to undertake a land reform programme to rectify the racially skewed land ownership patterns resulting from centuries of colonialism and decades of apartheid, there is a sharp divergence of opinion on the appropriate approach to land reform. Of importance is to ensure that the land reform process does not further compromise human rights, but that it reinforces and restores dignity. The constitutionality of the Expropriation Act, in particular the provisions dealing with expropriation with nil compensation is yet to pass constitutional muster in the country's courts after several parties vowed to institute litigation. Forcibale removals Thousands of communities who have been forcibly removed from their ancestral land are still waiting for restorative justice as their land claims have yet to be settled, while many property owners fear that the operationalisation of the Expropriation Act - in particular the provision of nil compensation - will trample upon their rights to property. There is therefore a need to strike a delicate balance between the aspirations and hopes of the indigenous communities that are waiting for their claims to be settled and the fears of property owners who are anxious about possible arbitrary expropriation. The ability to access, own, and productively use land is central to efforts to restore dignity, security, and drive social and economic development. As South Africa moves forward with land reform, it is crucial to ensure that policies and implementation strategies uphold human rights, drive inclusive economic participation, and promote the development of communities across the country, to improve the livelihoods of people across communities. Land reform remains an essential element for the realisation of many human rights. In recognition of the fundamental role that land ownership plays in driving sustainable economic growth, Setou notes that the United Nations has included land in the eight targets and 12 indicators of the Sustainable Development Goals. Therefore, strengthening land tenure rights, particularly for those living on communal land is essential for ensuring that local communities play a central role in land reform decision-making. Secure land tenure will not only empower individuals by allowing them to use land as collateral, but also attract private-sector partnerships to enable communities to participate in local economic development.
Yahoo
06-02-2025
- Politics
- Yahoo
Rubio to boycott Johannesburg's G20 meeting over South Africa's land expropriation law
Feb. 6 (UPI) -- Secretary of State Marco Rubio announced Wednesday evening he was boycotting the G20 meeting in South Africa scheduled for later this month over the country's controversial land expropriation law. South Africa, which holds the the G20 presidency until the end of November, is to host a meeting of the intergovernmental group Feb. 20 and 21 in the capital Johannesburg under the theme of "Solidarity, equality and sustainability." The African nation has attracted the ire of the Trump administration over a newly signed land expropriation law that allows local, provincial and national authorities to expropriate land in the public interest and in few, specific cases without compensation. The law was five years in the making, and replaces the Expropriation Act of 1975, which was put in place before South Africa gaining democracy in 1994. It is seen by proponents as an attempt to redress results of past racial discrimination in a country where nearly three-fourths of all farm and agricultural land is owned by White South Africans, who account for less than 8% of the population. The Trump administration has attacked the law, suggesting that it is racist and stating it is a human rights violation. "South Africa is doing very bad things," Rubio said on X in announcing his boycott. In the statement, Rubio oddly attempted to connect the theme of the upcoming G20 meeting to be a promotion for "diversity, inclusion and equity policy" -- which the new White House has vigorously targeted for erasure domestically. "My job is to advance America's national interests, not waste taxpayer money or coddle anti-Americans," he said. On Sunday night, President Donald Trump threatened to cut all U.S. funding to South Africa over the new law. "South Africa is confiscating land, and treating certain classes of people VERY BADLY. A massive Human Rights VIOLATION, at a minimum, is happening for all to see," Trump said in a statement without providing proof to his Truth Social platform. "The United States won't stand for it, we will act." In response, the South African government issued a statement saying it "has not confiscated any land." It explained that the law is not a confiscation instrument but a constitutionally mandated legal process that ensures public access to land is equitable and just. "South Africa, like the United States of America and other countries, has always had expropriation laws that balance the need for public usage of land and the protection of rights of property owners," it said. According to the law, land cannot be expropriated arbitrarily. Land can only be seized if an agreement with the owner cannot be reached, subject to "just and equitable compensation" being paid. The government may seize land without compensation under some circumstances, including where the owner of the land is not using it for its intended purpose or to generate income but is instead holding it solely for appreciation of its market value, among select other reasons. "We look forward to engaging with the Trump administration over our land reform policy and issues of bilateral interest," the South African government said. "We are certain that out of those engagements, we will share a better and common understanding over these matters." According to the South African government, the only aid it receives is for its HIV/AIDS programs and the U.S. funds account for 17% of its funding. Elon Musk, the world's richest man and a close adviser to Trump, is South African. He has accused previously accused South African President Cyril Ramaphosa's government of "openly pushing for genocide of White people." Musk, the CEO of Tesla and SpaceX, became a U.S. citizen in 2002.
Gulf Insider
05-02-2025
- Politics
- Gulf Insider
Trump To Suspend Funding To South Africa Over Land Expropriation
President Donald Trump said on Sunday that he would suspend future U.S. funding to South Africa in response to the country's new controversial expropriation law, which allows land seizures by the state. In a Truth Social post, Trump accused South Africa of seizing land and 'treating certain classes of people very badly.' 'It is a bad situation that the Radical Left Media doesn't want to so much as mention,' the president stated. 'A massive Human Rights violation, at a minimum, is happening for all to see. The United States won't stand for it, we will act.' South African President Cyril Ramaphosa signed a bill into law on Jan. 23 that allows provincial and national authorities to 'expropriate land in the public interest' for various reasons, 'subject to just and equitable compensation being paid.' The expropriation law aims to address racial disparities in land ownership. 30 years after the apartheid system was abandoned, most farmland remains owned by white people. Some members of the coalition government question the constitutionality of the law and have indicated they may challenge it in court. The government notes that special conditions have to be met before expropriating land such as it having longtime informal occupants, being unused and held purely for speculation, or being abandoned. 'We look forward to engaging with the Trump administration over our land reform policy and issues of bilateral interest. We are certain that out of those engagements, we will share a better and common understanding over these matters,' Ramaphosa said in a statement issued by the presidency on Monday. 'South Africa is a constitutional democracy that is deeply rooted in the rule of law, justice and equality. The South African government has not confiscated any land.' Ramaphosa's office stated that reasons for expropriating land can include promoting inclusivity and allowing access to natural resources. The bill would repeal the nation's Expropriation Act of 1975, which required the state to compensate owners for the land it sought to seize. 'In terms of this law, an expropriating authority may not expropriate property arbitrarily or for a purpose other than a public purpose or in the public interest,' his office stated. South Africa's Democratic Alliance leader John Steenhuisen said in a Jan. 25 statement that he strongly objects to Ramaphosa's signing of the bill, saying it ignored legal opinion 'that the Act is unconstitutional.' The Democratic Alliance joined a coalition led by Ramaphosa's African National Congress (ANC) after the 2024 election resulted in a political deadlock. Steenhuisen said that his party will invoke clause 19 of the coalition agreement to seek 'an urgent reset in relations.' 'We won over 3.5 million votes and we are in the government to represent our voters and to rescue South Africa,' he said. 'If we cannot fulfil this mandate inside the [Government of National Unity], we will have to seriously consider our next steps.' Trump said that funding to South Africa will be cut until a full investigation into the situation is completed. South Africa's foreign ministry said that it hopes Trump's advisers will make use of the investigative period to 'attain a thorough understanding of South Africa's policies within the framework of a constitutional democracy.' 'This approach will promote a well-informed viewpoint that values and recognizes our nation's dedication to democratic ideals and governance,' the ministry said in a statement. 'It may become clear that our expropriation act is not exceptional, as many countries have similar legislation.' The United States provided nearly $440 million in foreign aid to South Africa in 2023, according to government data. After taking office on Jan. 20, Trump announced a 90-day freeze on all foreign aid while a review of those programs was ongoing. The State Department issued a waiver on Jan. 29 for humanitarian aid, including 'life-saving medicine, medical services, food, shelter, and subsistence assistance, as well as supplies and reasonable administrative costs as necessary to deliver such assistance.' Ramaphosa said except for the President's Emergency Plan for AIDS Relief (PEPFAR), which constitutes 17% of South Africa's HIV/Aids program, there was no other significant funding provided by the United States.
