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Unpacking the South African land law that so inflames Trump
Unpacking the South African land law that so inflames Trump

Yahoo

time2 days ago

  • Business
  • Yahoo

Unpacking the South African land law that so inflames Trump

South Africa's President Cyril Ramaphosa is at the centre of a political firestorm after he approved a law that gives the state the power to expropriate some privately owned land without compensation for owners. The law, which is yet to be implemented, has drawn the ire of US President Donald Trump, who sees it as discriminating against white farmers. Centre-right political parties and lobby groups in South Africa have also opposed it, saying they will challenge the Expropriation Act – as the law is named – in court on the grounds that it threatens property rights. Ramaphosa's government says the law provides for compensation to be paid in the vast majority of cases – and the changes are needed to increase black ownership of land. Most private farmland is still owned by white people. When Nelson Mandela came to power more than 30 years ago, ending the racist system of apartheid, it was promised that this would be rectified through a willing-buyer, willing-seller land reform programme – but critics say this has proved too slow and too costly. In rare circumstances it would be land that was needed for the "public interest", legal experts told the BBC. According to South African law firm Werksmans Attorneys, this suggested it would mainly, or perhaps only, happen in relation to the land reform programme. Although it could also be used to access natural resources such as minerals and water, the firm added, in an opinion written by its experts in the field, Bulelwa Mabasa and Thomas Karberg. Mabasa and Karberg told the BBC that in their view, productive agricultural land could not be expropriated without compensation. They said any expropriation without compensation – known as EWC – could take place only in a few circumstances: For example, when an owner was not using the land and was holding it for "speculative purposes" Or when an owner "abandoned the land by failing to exercise control over it despite being reasonably capable of doing so". Owners would probably still get compensation for the buildings on the land and for the natural resources, the lawyers said. Mabasa and Karberg added that EWC was "not aimed at rural land or farmland specifically, and could include land in urban areas". However, in cases where compensation is paid, the rules are set to change, with owners likely to get less money. The plan is for owners to receive "just-and-equitable" compensation – a departure from the higher "market value" they have been getting up to now, Mabasa and Karberg said. The government had been paying market-value compensation despite the fact that this was "at odds" with the constitution, adopted after white-minority rule ended in 1994, they added. The lawyers said that all expropriations had "extensive procedural fairness requirements", including the owner's right to go to court if they were not happy. The move away from market-value compensation will also apply to land expropriated for a "public purpose" – like building state schools or railways. This has not been a major point of controversy, possibly because it is "hardly a novel concept" – a point made by JURISTnews, a legal website run by law students from around the world. "The US Constitution, for instance, provides that the government can seize private property for public use so long as 'just compensation' is provided," it added. The government hopes so. University of Western Cape land expert Prof Ruth Hall told the BBC that more than 80,000 land claims remain unsettled. In the eastern regions of South Africa, many black people work on farms for free – in exchange they are allowed to live there and keep their livestock on a portion of the owners' land, she said. The government wants to transfer ownership of this land to the workers, and it was "unfair" to expect it to pay the market value, Prof Hall added. Over the last three decades, the government has used existing powers to expropriate property–- with less than market-value compensation – in fewer than 20 cases, she said. The new law was aimed at making it easier and cheaper to restore land to black people who were "dispossessed" of it during white-minority rule or were forced to be "long-term tenants" as they could not own land, Prof Hall added. "It's a bargaining chip," she said. But she doubts that the government will press ahead with implementing the law in the foreseeable future as the "political cost" has become too high. The academic was referring to the fact that Trump has opposed the law, saying it discriminates against white farmers and their land was being "seized" – a charge the government denies. In February, Trump cut aid to South Africa, and in April he announced a 30% tariff on South African goods and agricultural products, although this was later paused for 90 days. This was followed by last month's infamous Oval Office showdown when Trump ambushed Ramaphosa with a video and printouts of stories alleging white people were being persecuted – much of his dossier has been discredited. Fact-checking Trump's Oval Office confrontation with Ramaphosa Like Trump, the second-biggest party in Ramaphosa's coalition government, the Democratic Alliance (DA), is opposed to the legislation. In a statement on 26 May, the party said that its top leadership body had rejected the notion of "nil compensation". However, it has agreed with the concept of just-and-equitable compensation rather than market-value compensation, adding it should be "adjudicated by a court of law". Surprisingly, Jaco Kleynhans of the Solidarity Movement, an influential Afrikaner lobby group, said that while the new law could "destroy" some businesses and he was opposed to it, he did not believe it would lead to the "large-scale expropriation of farmland". "I don't see within the wording of this text that that will happen," he said in a recent panel discussion at an agricultural exhibition held in South Africa's Free State province – where a large number of conservative Afrikaner farmers live. The South African Property Owners Association said it was "irrational" to give "nil compensation" to an owner who held land for speculative purposes. "There are many landowners whose sole purpose of business is to speculate in land. They do not get the land for free and they have significant holding costs," the association said, adding it had no doubt the law would be "abundantly tested" in the courts. Mabasa and Karberg said one view was that the concept of EWC was a "legal absurdity" because "intrinsic in the legal definition of expropriation, is a requirement for compensation to be paid". However, the lawyers pointed out the alternative view was that South Africa's constitution "implicitly recognises that it would in some circumstances be just and equitable for compensation to be nil". South Africa's Public Works Minister Dean Macpherson has defended the legislation, breaking ranks with his party, the DA. In fact he is in charge of the new legalisation and, on a discussion panel, he explained that while he had some concerns about the law, it was a "dramatic improvement" on the previous Expropriation Act, with greater safeguards for land-owners. He said the law could also help end extortionist demands on the state, and in some cases "nil compensation" could be justified. He gave as an example the problems being faced by the state-owned power utility Eskom. It plans to roll out a transmission network over about 4,500km (28,000 miles) of land to boost electricity supplies to end the power crisis in the country. Ahead of the roll-out, some individuals colluded with Eskom officials to buy land for 1m rand ($56,000; £41,000), and then demanded R20m for it, he said. "Is it just and equitable to give them what they want? I don't think that's in the interest of the broader community or the state," Macpherson said. Giving another example, Macpherson said that some of South Africa's inner cities were in a "disastrous" condition. After owners left, buildings were "over-run" and "hijacked" for illegal occupation. The cost to the state to rebuild them could exceed their value, and in such cases the courts could rule that an owner qualified for "nil compensation", he said. "Nil is a form of compensation," Macpherson added, while ruling it out for farms. Johannesburg mayor Dada Morero told South Africa's Mail & Guardian newspaper that he wanted to use the buildings for the "public good", like accommodating around 300,000 people on the housing waiting list. He added the owners of nearly 100 buildings could not be located. "They have abandoned the buildings," he said, adding some of the owners were from the UK and Germany. But Mabasa and Karberg told the BBC that in such cases compensation would probably still have to be paid for the buildings, though not the land. If the state could not locate the owners, it "must deposit the compensation with the Master of the High Court" in case they returned or could be traced later, they said. The law is in limbo, as Ramaphosa – about four months after giving his assent to it – has still not set a date for its implementation. Nor is he likely to do so anytime soon, as he would not want to further antagonise Trump while South Africa was trying to negotiate a trade deal with the US. And on the domestic front, the DA is spearheading opposition to the legislation. It said it wanted a "judicial review" of it, while at the same time it was pressing ahead with court action to challenge the law's constitutionality. The DA's tough line is in contrast with that of Macpherson, who, a few weeks ago, warned that if the law was struck down in its entirety: "I don't know what's going to come after that. "In politics, sometimes you must be careful what you wish for because often you can get it," he said. His comments highlight the deep fissures in South African politics, with some parties, such as Julius Malema's Economic Freedom Fighters (EFF), believing that the legislation did not go far enough to tackle racial inequality in land ownership. With land such an emotive issue, there is no easy solution to the dispute – and it is likely to continue to cause tensions within South Africa, as well as with the US president. Rebuked by Trump but praised at home: How Ramaphosa might gain from US showdown Is there a genocide of white South Africans as Trump claims? South Africans' anger over land set to explode Go to for more news from the African continent. Follow us on Twitter @BBCAfrica, on Facebook at BBC Africa or on Instagram at bbcafrica Africa Daily Focus on Africa

Warisan's GLC talk an insult to Sabahans' intelligence - Mandela
Warisan's GLC talk an insult to Sabahans' intelligence - Mandela

Borneo Post

time5 days ago

  • Business
  • Borneo Post

Warisan's GLC talk an insult to Sabahans' intelligence - Mandela

Mandela KOTA KINABALU (May 30): Gabungan Rakyat Sabah (GRS) Penampang Youth chief Datuk Ceasar Mandela Malakun has dismissed recent claims by Warisan vice president Datuk Junz Wong on good governance, saying Warisan's track record with state-linked companies tells a very different story. Mandela said Warisan's portrayal of itself as a reform-oriented administration does not reflect the realities of its time in government from 2018 to 2020, particularly in the management of Sabah International Petroleum (SIP) and Sabah Development Bank (SDBank). 'When the then Chief Minister and Finance Minister also took on the role of SIP chairman, it raised serious concerns about the concentration of power and oversight,' he said in a statement on Friday. 'From May 2018 to September 2020, SIP's debts to SDBank increased from RM1.05 billion to RM1.24 billion, while its total group liabilities — combining those with commercial banks — rose to RM1.75 billion.' Mandela also pointed to SDBank's deteriorating fiscal position during the same period. The bank's external bond obligations reportedly jumped from RM3.66 billion to RM4.57 billion by the time Warisan left office. 'Despite clear signs of financial distress, the bank continued to declare annual profits — a situation which, according to industry observers at the time, raised concerns of pervasive and systemic governance weaknesses, including the possible use of creative accounting practices that may have masked the bank's underlying financial risks,' he added. He said the GRS-led government is currently undertaking restructuring efforts to address the issues left behind. 'Today, SIP and SDBank are undergoing necessary reforms to restore proper financial discipline, improve risk management, and ensure that these institutions serve their developmental mandate effectively.' While Mandela welcomed public discussion on GLC reform, he stressed that such conversations must be rooted in truth, not politically motivated historical distortion. 'Sabahans deserve the truth, not Junz's selective memory. Governance isn't about rhetorics — it's about taking responsibility,' he said. Mandela added that the GRS administration remains focused on restoring public trust in state institutions through long-term, structural improvements.

A salute to Quincy's quadricentennial, and a Back Bay hotel turns 100
A salute to Quincy's quadricentennial, and a Back Bay hotel turns 100

Boston Globe

time6 days ago

  • Entertainment
  • Boston Globe

A salute to Quincy's quadricentennial, and a Back Bay hotel turns 100

Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up The Eliot Hotel, a neoclassical boutique hotel on Commonwealth Avenue, celebrates its centennial this year with all newly renovated guestrooms. Handout Advertisement Back Bay hotel hits 100 A landmark Boston hotel celebrates its centennial with a renovation of all 95 guestrooms and suites — now complete and ready for visitors. The Eliot Hotel, a neoclassical boutique hotel on Commonwealth Avenue, was built by local philanthropist Charles Eliot to serve as a residential hotel for retired academics from Harvard University. The property changed hands in 1939 and has been run as an independent hotel by the Ullian family ever since. Local interior designer Alix Keating of AK Design oversaw the renovation, which adds a contemporary touch while maintaining the cozy yet sophisticated residential feel. Geometric lamps are juxtaposed with Georgian-inspired wood furnishings, and custom artwork — including Boston-inspired intaglios — complement the original crown molding. Enjoy cocktails and small bites at the onsite Uni Restaurant, an izakaya or Japanese-style bar where you can try the new 'C' cocktail (with Roku gin, Lillet Blanc, blood orange, makrut lime leaf, and cilantro topped with sparkling wine) or a tasty mocktail. Book the Centennial Escape package and get two nights' accommodations at regular price (starting at $475 per night, double occupancy) and the third night for $19.25, two 'C' cocktails served in-room, complimentary daily breakfast for two, and a 2 p.m. checkout; available through Dec. 31 (rate code '1925'). Advertisement 'Mandela: The Official Exhibition' opened at Seattle's Museum of History & Industry this week and runs through Sept. 7. Handout THERE Seattle museum opens Mandela exhibit Learn about the accomplished life of Nelson Mandela — from his years as an anti-apartheid activist to his eventual rise to power as the first democratically elected (and first Black) president of South Africa — at Seattle's Museum of History & Industry. 'Mandela: The Official Exhibition' was produced in partnership with the Royal House of Mandela and runs through Sept. 7. This poignant exhibit chronicles racial injustice in South Africa during the 20th century and Mandela's efforts throughout his life to end apartheid, championing education as a vital tool for making change and putting forth the notion of 'unbutu' (a concept of common humanity or a mutual caring for all). The exhibition includes rarely seen footage, images, and personal artifacts (such as the white leopard skin once draped over Mandela's casket). It starts with the rise of Seattle's anti-apartheid movement in the 1970s and Mandela's visit to Seattle in 1999 to meet with supporters, then takes you on a journey through Mandela's life, chronicling his activism, prison years, marriages, and time as president and peacemaker. The exhibition includes elaborate beaded clothing from the AbuThembu ancestral group, some of Mandela's handwritten letters and diary entries from prison, the suit he wore for his inauguration, his favorite sheepskin slippers, and one of his trademark batik shirts. A bench in the middle of the exhibit has the words 'Europeans only' on it. The museum hosts Seattle's Solidarity Against South African Apartheid June 10, a talk dealing with global issues of justice. Museum admission is free under 15 to $25 for 15 and older; discounts for students, military, and 65 and over. Advertisement An image from an Outdoor Research Sun Collection catalog shoot at Soap Lake, Wash. Mike Borchard EVERYWHERE Sun coverage for travel and adventure Stay covered and cool this summer with a sun shirt made by Outdoor Research. The ActiveIce Spectrum Sun Hoodie has built-in technology that helps keep you at a comfortable temperature, whether you're walking your dog at a local park, going for a beach run, or climbing a mountain (the proprietary ActiveIce feature essentially uses the moisture from your sweat to help cool you down). The shirt comes with built-in UPF 50+ sun protection, a full-coverage hood that protects your head and neck from the sun, and thumb holes for keeping your sleeves in place and your arms and wrists covered. It also makes a great travel piece: This comfy layer is quick-drying and made with a stretchy and breathable polyester-spandex blend — perfect for throwing on during long-haul flights or sightseeing adventures. The ActiveIce Spectrum Sun Hoodie comes in men's sizes S to XXXL, women's sizes XS to XL, and women's plus sizes 1x-4X. Outdoor Research's ActiveIce collection also includes a hoodless long-sleeve option for men and women, a short-sleeve sun shirt (men only), sun gloves, sun sleeves (in three different styles), a neck gaiter, and a sport hijab. $55-$90 for short-sleeve shirt to hoody; $20-$39 for accessories. Advertisement KARI BODNARCHUK

UN Awards 2025 Mandela Prize To Brenda Reynolds And Kennedy Odede
UN Awards 2025 Mandela Prize To Brenda Reynolds And Kennedy Odede

Scoop

time6 days ago

  • General
  • Scoop

UN Awards 2025 Mandela Prize To Brenda Reynolds And Kennedy Odede

28 May 2025 Secretary-General António Guterres will present the award to Brenda Reynolds and Kennedy Odede on 18 July, Nelson Mandela International Day. Established in 2014, the prize is awarded every five years to two individuals whose work reflects the late South African President's legacy of leadership, humility, service, and unity across borders. 'This year's Mandela prize winners embody the spirit of unity and possibility – reminding us how we all have the power to shape stronger communities and a better world,' said Mr. Guterres. Brenda Reynolds A Status Treaty member of the Fishing Lake Saulteaux First Nation in Saskatchewan, Canada, Brenda Reynolds has spent decades advancing Indigenous rights, mental health, and trauma-informed care. In 1988, she supported 17 teenage girls in the first residential school sexual abuse case in Saskatchewan. Later, she became a special adviser to the Truth and Reconciliation Commission (TRC), helping shape survivor support and trauma responses. She is most recognised for her key role in Canada's court-ordered Indian Residential Schools Settlement Agreement and her subsequent development of the Indian Residential School Resolution Health Support Program—a national initiative offering culturally grounded mental health care for survivors and families. In 2023, she was invited by the UN High Commissioner for Human Rights and the European Union to share her expertise on trauma and cultural genocide. Kennedy Odede Living in Kenya's Kibera Slum for 23 years, Kennedy Odede went from living on the street at 10 years old to global recognition when he was named one of TIME magazine's 2024 100 Most Influential People. His journey began with a small act: saving his meagre factory earnings to buy a soccer ball and bring his community together. That spark grew into Shining Hope for Communities (SHOFCO), a grassroots movement he now leads as CEO. SHOFCO operates in 68 locations across Kenya, empowering local groups and delivering vital services to over 2.4 million people every year. Mr. Odede is also a New York Times bestselling co-author and holds roles with USAID, the World Economic Forum, the Obama Foundation, and the Clinton Global Initiative.

Welcome to the high treason club
Welcome to the high treason club

IOL News

time6 days ago

  • Politics
  • IOL News

Welcome to the high treason club

Journalist Karin Mitchell has authored The High Treason Club, which delves into the Boeremag trial of a fanatical group driven by nationalism, racism, militancy and fear. After a cross-country manhunt, 23 men were arrested and charged with high treason after the police seized explosives, homemade pipe bombs, weapons and ammunition in arms caches all over the country. On the night of 30 October 2002, eight bomb blasts tore through Soweto, leaving one woman dead and damaging vital infrastructure. The bombs were the work of far-right white Afrikaner separatist group the Boeremag, whose stated aim was to overthrow the ruling ANC government, rid the country of black people and reinstate a new Boer-administered republic. This is an edited extract of The High Treason Club published by Penguin Random House at a suggested retail price of R340. Mitchell also covered the Marikana Massacre, the Oscar Pistorius trial and other significant political events. She has been writing full time since 2016. In what became the longest and most expensive trial in the country's history, told in reporter Karin Mitchell's book The High Treason Club, the public learned of a fanatical group driven by nationalism, racism, militancy and fear. Treason It was 19 May 2003, the first day of the Boeremag treason trial. The early days of the trial were held in the Palace of Justice in Pretoria, ironically in the same courtroom where Nelson Mandela was sentenced in the pivotal Rivonia treason trial in 1964. At that time, capital punishment was in effect, and it was almost certain that Mandela and his co-accused would be executed in the Pretoria gallows if they were found guilty of some of the 200-odd charges against them. Almost 40 years later, the Boeremag accused sat squashed against each other in the same dock where Mandela delivered his famous speech in which, fully aware that he could be sentenced to death, he vowed he was prepared to die for the liberation of black people. The court found Mandela guilty on four charges relating to sabotage against the state. He was not sentenced to death, as had been widely expected, but was instead sentenced to life in prison. He spent many of the next 27 years excavating rock in the dusty white quarries on Robben Island, within sight of Cape Town and the South African mainland. Four decades after Rivonia, the trial of the Boeremag became the first high treason case to be heard in democratic South Africa. After some months, the trial was relocated and the remaining twenty-two accused lined the weighty double-rowed dock in a larger courtroom at the North Gauteng High Court, just across the road from the Palace of Justice. It was here that I first encountered the Boeremag eight years later, in May 2011, as a fledgling journalist for Jacaranda FM. Time drags in court, and on days when it felt particularly stagnant, I would observe each of the men. They'd already spent close to ten years in this courtroom, and over time I became aware of some of their habits to overcome the boredom. Some of them read outdoor magazines or a newspaper would get passed along the line until the pages became worn. Others wrote in notebooks or sketched on pieces of paper. I was often the only journalist in court for weeks on end during the period that I covered the trial. Taking advantage of the empty public gallery, I would sit at the end of the front row where it was easier to hear proceedings in the cavernous space. I had been reporting on the trial for over a year when, on 26 July 2012, in an unusually packed courtroom, Mike du Toit became the first of the Boeremag accused to be found guilty of high treason. Since there were more than twenty accused in the trial, the judgment proceedings spanned several days. The following day, his brother, André Tibert du Toit, was also found guilty. On that day, after Judge Eben Jordaan had left the courtroom, I rushed over to the dock to get a comment from either Mike or André. I wanted to capture their reactions to being convicted. As I was making my way towards them, Mike stood up, shook his brother's hand, laughed and said, 'Welcome to the High Treason Club!' His comment stopped me in my tracks, and I knew that I'd just witnessed something momentous. I was incredibly disappointed that I had not been quick enough to record the exchange between the brothers, as it perfectly encapsulated the comradery that had grown between some of these men over the decade that they had been on trial. Although I'd been attending the court proceedings since the previous year, I'd pretty much kept to myself, popping out into the foyer to report for our hourly radio news bulletins, not really interacting with anyone. So, I had to literally force myself to go up to the man regarded as the 'Boeremag kingpin'. 'Excuse me, sir,' I said with polite hesitation. 'Could I please ask you to repeat what you just said to your brother so that I can record the moment?' Mike looked at me and the rest of the photographers gathered in front of the dock and nodded. He turned to his brother, stretched out his hand and smiled from ear to ear as he re-enacted his initial response. The scene felt somewhat contrived at the time, but I managed to take a photo and got the audio that I needed for the upcoming radio bulletin. Addressing him again as 'sir', I thanked Mike for obliging to my request in such a friendly manner. 'My name is Mike. You can call me Mike,' he replied in a slightly pitched voice. A few days after this brief interaction, I greeted Mike when I went to take pictures of the accused men in the dock, which I would then post to my employer's Twitter feed. I always found it uncomfortable standing in front of accused criminals in court to photograph them, and although Judge Eben Jordaan had granted permission for photographs to be taken and it was my responsibility to do so as a journalist, it never ceased to feel intrusive. 'Is that a phone you are taking pictures with?' Mike suddenly asked, looking at the slim white iPhone in my hand. 'Indeed,' I replied, confused by the question. I carefully observed Mike as he tilted his head and stared at the iPhone. 'But where are the phone's buttons?' he asked. Then it dawned on me. Mike had never seen a phone with a touchscreen before. 'When was the last time you saw a cellphone, Mike?' 'I last used a cellphone in 2002. Mine still had buttons,' he quipped. We both chuckled, and I turned the phone around to show him the touchscreen from a distance, fully aware of the watchful eyes of the authorities in court, and I swiped to show him how one simply tapped the glass screen to make a call. 'That is very interesting,' he said as he examined the slim piece of technology from the dock. I took my seat in the public gallery, feeling as if someone had punched me in the gut. It had dawned on me that the nine years in which Mike had been locked up meant that he had entirely lost touch with the outside world and fast-moving technology. Despite this uncomfortable realisation, I couldn't believe my luck that I had just talked to one of the central Boeremag accused. In our brief exchange, I'd expressed my interest in getting a unique perspective of the trial from inside prison, something that had not been done before in this case. When I went back to the Jacaranda FM office after court, I couldn't help wondering what Mike's life was like in prison and what had led to his decision to become part of the Boeremag. In court a few days later, a lawyer handed me a folded piece of paper over the bench. 'Mike asked that I give this to you.' I looked up and saw Mike watching over his shoulder from the dock. He nodded. Before I had a chance to open the letter, the court clerk bellowed, 'All rise in court!' Judge Jordaan emerged from the door behind his bench wearing a bright red robe. He'd presided over the trial since 2003, and in that time his hair and neatly trimmed beard had changed to a crisp white. Judge Jordaan took a seat in his burgundy leather chair and hunched over the notes before him. I felt as if the letter from Mike was burning a hole in my hand, and I couldn't open it soon enough after adhering to the court etiquette of first giving Judge Jordaan my undivided attention until he took his seat. Finally, I nervously unfolded the handwritten letter: Karin You can visit me this weekend. You can decide whether you want to come on Saturday or Sunday, as long as you are inside the prison between 09:00 and 12:00. You will have to fill out a form. My details are: Name: M.T. du Toit Number: ********* Indicate that the visit will be for one hour. Very important: Don't leave anything in your car, such as phones, cameras or other valuable items. Make sure to leave all these items at home, as they will otherwise only get stolen. Regards, Mike

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