Latest news with #landreform
Zawya
9 hours ago
- Business
- Zawya
Zimbabwe: Former farm workers in Mvurwi, structural constraints on success
Former farm workers living in compounds on resettlement farms in Mvurwi are some of the most marginalised people across the land reform farms. 'Success' is limited by a set of major structural constraints that individuals cannot overcome by themselves. We conducted success rankings in two farmworker compounds in Mvurwi – Hariana and Ruia D – involving 19 men and 23 women overall. These were by far the most challenging of our success ranking workshops as participants rightly said that success is impossible for them. There are just too many barriers. They have little land (usually only 1ha); they are obliged to engage in exploitative labour arrangements; employment opportunities are seasonal and not guaranteed; living arrangements in former farm compounds are crowded with poor conditions and overall people feel marginalised due to their limited political standing, often not even accepted as 'real' Zimbabweans, as previous generations had come from Zambia, Mozambique and Malawi. Moreover, farmworkers are also cut off from off-farm opportunities, with many having limited education (often linked to low incomes). For others, the shock of losing family members through HIV/AIDS in the early 1990s and 2000s has had a long-lasting impact on the fortunes of some families (illustrated through lack of social networks). Drug and alcohol abuse amongst former farmworker communities was also seen as important in holding people back. Nevertheless, once discussions started it became clear that there were patterns of difference between households. Not all former farmworkers are the same by any means. While the ranks cannot in any way be compared with others, as everyone is so much poorer – in terms of both assets and income – some are clearly doing better than others. Some former farmworkers, for instance, have been able to accumulate particular assets – beds, furniture, TVs and so on for the house, a few cattle, limited farming equipment (ploughs, scotch-carts, water pumps, grinding mills etc.), some have cars and many are proud that they are sending kids to school. Such successes are hard-earned, and usually coming from selling high quality tobacco and other high-value crops (sweet potatoes, tomatoes etc.), making use of their farm labourer skills from before on their small plots. As many acknowledged, the situation – even if extremely challenging – is a considerable improvement from the situation on former white-owned farms. In comparing our lists of compound dwellers from 2014 and today, there were 33 and 51 remaining in Hariana and Ruia areas. Many had moved on and, even within households, there has been much flux, often with the next generation taking over the compound house. Some had passed on, or moved to other farms, some to town in search of jobs, while others had established themselves as A1 farmers, integrating into the wider community. This latter option is rare, however, as the A1 land holders limit access to new land for farmworkers, preferring to keep a labour pool close by. Without the opportunity to subdivide a plot and create new homes those now adult children who have not inherited a compound dwelling may move to small 'teapot' houses (one room houses with a dome shape). Success indicators For many of those attending the workshop at Hariana and Ruia compounds, the overall story was about lack of 'success'. Two main features were highlights. First was access to land. As one male participant commented, 'For you to be successful you have to have access to land. How can one become successful without land? I do not have land.' Another observed, 'Settlers [those in the A1 areas] have 6 ha of land. There is no farmworker with 6ha of land.' Those who were considered 'successful' were leasing in additional land. Most relied on 1ha plots that they were given, or small pieces of land within the compounds. The second concern mentioned was lack of inputs. As one participant noted, 'As farmworkers, we are the last to receive farm inputs from pfvumvudza when all the settlers have received theirs. We have to rely on piece jobs to get inputs.' In terms of overall characteristics of the success groups, SG1 households have stands/houses in town; they have cars; have some cattle; own grinding mills; have some off-farm income (from chrome mining, for example); educated their children; have adult children and other relatives who help them through remittances; are skilled farmers and generate a surplus and, crucially, lease in additional land. SG2 households by contrast are trying to farm but have inadequate assets. Finally, SG3 households have limited or no land, have no inputs, no draft power, have very limited assets and some live in 'cabins'. Transitions Hariana compound Of the 32 households in Hariana who were present at both time periods, most were stuck in lower success group ranks, mostly in SG3. The extreme lack of assets and general poverty was very evident. A few had moved upwards, largely through farming success, mostly through leasing in land from other A1 farms to add to their 1 ha plots. Farm workers are very skilled tobacco growers/curers and can make money on small areas. 68.8% (22 households) remained static (0 households remained in SG1, 2 households remained in SG2 and 20 household remained in SG3. 6.3% (2 households) decreased their rank moving down to one or two categories over the period. 25.0% (8 households) increased their ranking moving one or two rankings over the period. Overall, 31.1% (10 households) had changed rank. Ruia compounds As is the case in the Hariana compounds, the majority of households who were present in both periods were stuck in SG3. 39.2% (20 households) remained static (1 household remained in SG1, 2 households remained in SG2 and 17 households remained in SG3. 58.8% (30 households) decreased their rank moving down to one or two categories over the period. 2% (1 household) increased their ranking moving one or two rankings over the period. Overall, 60.8% (31 households) had changed rank. The following sections offer some cases of transitions between ranks, coming from both Hariana and Ruia compounds. Cases I: Transitions to higher ranks Case 1. BM (from SG3 to SG1). I was born in 1967 in Masunda area, Zvishavane. My father was polygamous and my mother was the youngest wife. My parents divorced when I was still young and my mother remarried elsewhere, leaving me in the care of my stepmothers. I ended schooling at Grade 7 after my father passed away. After dropping out of school, I worked as a herder for a few years, before securing a job as a general hand and later supervisor at Hippo Valley Estates where I worked from 1988 to 1995. In 1995, I then got another job at Shangani Nickel Mine where I worked until 2002 when I was retrenched. I then returned home in Zvishavane, but I was not satisfied with the agro-ecological conditions there. So, I then went to look for land in Kayirezi area in Dande, and was allocated a very large piece of land where I built my homestead. However, schools were located very far away, and I considered my children's education very important. I therefore decided to come to Mvurwi in 2003, where I worked as a farmworker for the new 'settlers.' I first stayed in Forester and later moved to Hariana and now Mandindindi. I was constantly looking for a place with advantages. I came to Mandindindi because the dam allows for gravity-fed irrigation. For many years, I was renting land from others, engaging in both dryland cultivation and horticulture. In 2008, I combined farming with maize trade, but went broke when I sold 8 tonnes of maize to GMB and never received a cent for it. In 2018, with established social networks, I managed to get a 1ha plot near a dam in Mandindindi village. My small plot is located in a vlei. I grow maize, sweet potatoes, watermelons, tomatoes and sugar beans. In most cases, I sell my products in Mbare. Through farming, I have managed to educate all my children (three completed form 4 and one completed form 6), purchased one stand (medium-density) in Mvurwi and one in Nzvimbo Growth Point and three water pumps (5 HP, 7 HP and solar-powered submersible). As farmworkers, we are deprived of many things, as they (new settlers) say we are not from here, hence that's why we are not very successful. Although I am a Zimbabwean, they always tell me 'You are 'MuVitori'. In the past, it was particularly difficult but things have improved a lot due to politics. Politicians want our votes. Case 2. IM (from SG3 to SG1). I was born in 1979 on Dhahwe farm, where my father worked as a gardener. He later moved to Hariana farm, a neighbouring farm owned by MacDonald (nicknamed 'Zesa' (electricity) reflecting his harshness), where he worked as a gardener again. I ended schooling at Grade 6 because of financial constraints. My father was a drunkard; after receiving his pay, he would spend days sleeping at the bar drinking alcohol. He was even nick-named 'Tank' because of his drinking habits. Stationery and school fees were often paid for by my mother through proceeds from selling 'mutsvairo' (grass brooms). Sometimes my mother would be beaten up and ran back to her natal home in Dande. 'Amai' (mother) is a very important person in my life. My siblings and myself were very intelligent, but our father killed our future. In 2003, I got married to DK who worked as farmworker here. My husband's parents were originally from Mozambique. When Zesa left, we had nothing – only blankets, pots and plates. In the early 2000s, my husband acquired a 1ha plot in village 4. After acquiring the land, we built our homestead there. In 2003, we grew tobacco and harvested a very good crop. We managed to buy 4 head of cattle, a grinding mill and other farming implements. We have been progressing well. However, over the recent years, a series of calamities have struck us. Our cattle herd increased to 6, but all died due to January Disease in 2021. I have recently been diagnosed with cervical cancer and I also have a heart problem, but my husband has refused to give me money to go to the hospital. With the increase in sales and consumption of 'tumbwa' (illicit alcohol), my husband has become a heavy drinker, and is now very abusive physically and emotionally. He is drunk, he scolds me in front of the children and calls me all sorts of names. With advice from my first-born son, I decided to return to my mother's home three days ago to take a breather. Case 3. CS (from SG3 to SG2). I was born on Donje farm, near Forester, in 1957. My parents originally came from Vilazumbu area in Mozambique I was born in a family of seven (three boys and four girls), but all my siblings died due to HIV/AIDS. So, I am the only one left. My father had two wives, and my mother was the younger wife. I do have half-siblings from my father's first wife but they don't like me at all. My father worked as a general hand there. I did not go to school due to war. As a young man, I got my first job as a gardener in 'KumaYard' (white low-density suburbs) in Mvurwi. In 1974, I got another job as a general hand in Mvurwi District Council, where I worked until 1983 when I moved to a nearby farm owned a white farmer called Holland. My job was mainly to cut firewood for curing tobacco, but would help in other activities during the tobacco offseason. However, I left the job and farm in 1999 when we had rumours that the farm was going to be acquired for resettlement. I moved to Vhuranhema farm, but was told again that the farm was about to be acquired for resettlement. In 2000, I then came toHariana farm, but the farm was invaded immediately after my arrival. Realising that all the farms were being taken, I then decided to stay here. Immediately after that, the new settlers announced that farmworkers who wanted land should write down the names and I was lucky to get land on the edges of the farm. We have an 'offer letter' with 17 farmworkers, but the settlers took it when we started farming more than them. They do not want us to be successful. They want us to work for them. At settlement, I had nothing. I erected three pole and dagga huts – two for sleeping and one kitchen. I later constructed two one-roomed brick and iron roof houses using proceeds from farming. I grow maize, tobacco, sugar beans, groundnuts and sweet potatoes. Maize is my main crop, and I grow tobacco here and there because of lack of finance to purchase inputs, draft power and scotch-cart. I produce enough maize to eat with my family. I often harvest between 2 and 3 tonnes of maize, depending with the season. I also have a small garden near the dam where we grow watermelons, onions, vegetables and sweet potatoes. I have managed to buy a 5 HP water pump, irrigation pipes, as well as educating my two younger female children. All my older children (born between 1983 and 1988) ended schooling at Grade 7 and below because back then life was very difficult for me as a farmworker. There were no piece jobs you could do! Case 4: IS (from SG3 to SG2). I was born in 1969 at Forester farm. My parents were originally from St Albert in Mt Darwin, and they both worked as general hands at Forester farm. After retirement, they returned home in Mt Darwin. ended schooling at Grade 7. After completing school, I worked as a 'spanner boy' in Concession, before securing a job in a commercial farm near Centenary, focusing on tobacco production. In 1995, I was then promoted to foreman. In 1997, I enrolled for a short course in tobacco production at Blackfordby college. That same year, I came here to work for AM, the white farmer. In 2000, after land reform, I was allocated 1ha of land as a farmworker in the year 2000. The offer letter is jointly held between 17 farmworkers, but one of the A1 settlers took it and misplaced it. My farming operation has grown and I need more land now. Since 2021, I have been renting additional land from a relative, who is also a war veteran (woman) with an A1 plot, in exchange for help in grading and curing tobacco. I grow tobacco on my 1ha plot and maize on the rented plot. I also have a small garden (0.4ha), where I grow watermelons, butternuts and green maize. I sell the products in Mvurwi. At settlement, I had nothing! AM was a tough man. As a farmworker, you were not allowed to own property such as TVs and bicycles. If AM sees you buying these things, he would ask you where you got the money from, and would suspect that you were stealing from him. Wages were the only sole source of income for me. I once tried to rear broilers, but got into trouble for it. Today, I have managed to buy a lot of assets with proceeds from farming. In 2014, I bought two cattle with proceeds from tobacco. The herd increased to 6, but some died due to January Disease; I now own 4 cattle. In 2018, I bought a scotch-cart and ox-plough for US$350 and US$120, respectively. In 2019, I bought a residential stand in Mvurwi for US$4000. The purchase of all these assets were financed with proceeds from tobacco. I have also managed educate my children with proceeds from farming. With my knowledge on tobacco farming from training and experience, I also provide consultancy services in exchange of inputs, cash and access to land. Case studies II: Transitions to lower ranks Case 5: EM (from SG1 to SG2). I was born on Zanadho farm in 1961. My grandfather (mother's father) was working there as general hand. In 1971, we then came to Ruia A farm owned by WW. I dropped out of school at Form 1 following the death of my grandfather. Realising that no one in my family was going to receive food rations from the white farmer and no one would pay my school fees, I took the decision to drop out of school and sought employment. In 1978, I then got a job as a general hand at the farm. My hard work was eventually rewarded with a minor supervision role. In 1987, I was promoted to foreman. In 1991, I did a short training course on tobacco curing at Tobacco Training Institute. In 2000, the farm was invaded and acquired for resettlement. As the foreman, the new settlers asked me to remain and retain my house in the compound in exchange for knowledge on curing tobacco. In fact, only two of us managed to retain our houses in the compounds, while the rest of the farmworkers were evicted by new settlers, who either took occupation of the houses or gave them to their relatives or workers. As part of the deal, I was also allocated a 2ha of land by the settlers. At first, I was allocated 2ha near Z's crop field and used that piece of land for two years, before moved to the edge of N's crop field. I was using this land for free. However, in 2021 (after using the land for 9 years), N demanded that I pay him 3 bags of fertilizer per season as rental. Later he told me that he wanted to give the land to his 'sekuru' (uncle) and so he asked me to leave. Surprisingly, the land is still lying idle to this day. I just realised that all this was because they were jealous of my success in tobacco farming. So today I am farming on a very small piece of land. I just have access to 0.5ha next to my compound house where I grow 6500 tobacco plants and 1 acre garden near the river where I grow maize and other crops. I have a tobacco contract with ITL. My production level has since declined because of lack of land. While still having access to a large piece of land, I managed to buy a plough, scotch-cart, as well as educating my children with tobacco proceeds. All my children completed Form 4, and some are working in Harare, sending remittances back home. Case 6: AG (SG2 to SG3). I was born in Bindura in 1943. My father passed away when I was still very young, so I did not go to school. My mother was a farmworker, and moved from one farm to another. We came here at Ruia D farm owned by Mr B with my mother. In 1976, I then got a job here as a general hand and later became a tractor driver until 2004 when the farm was acquired for resettlement and A2 farms were carved out. After the departure of Mr B, I then worked as a tractor driver for N, a new A2 farmer, until 2010. I do not have any land here, except a small garden that I got when I was still working for Mr B. I tried to get some land in the new resettlement areas around but these A2 farmers blocked us from getting any land because they want us to work for them. Yet these A2 farmers do not pay very well. In 2002, I got a package from Mr B, and used the portion to establish a rural home in Dande, and purchase some cattle and goats there. I was motivated to get some land there because of the cotton boom. The aim was to generate some income to fund my children's education. But it did not go well. We returned here. Our primary source of income is 'maricho' [piece work]. However, my wife is the one engaging in maricho as I am now old and infirm. Case studies III: households that remained static Of the 22 households that have remained static, the majority (20) are stuck in SG3, while only two remained in SG2. Case 7. JM (remained in SG3). I was born in Mazowe in 1965. I dropped out of school in Grade 7 in 1978 because of war. At the time, I was staying with my father in Mutoko where he was working as a farmworker. Because of fears that I would get killed, my father decided to take me out of school and move me to Nyabira, where I lived with my father's sister (vatete) at a white-owned farm. Because of the tyranny of white farmers (udzvinyiriri), I could not continue with education there. I started working as a farmworker at the farm looking after the white farmer's cattle. I worked there for 8 years. In 1984, I got another job as a gardener for a white family in Harare. While working there my employer funded me to acquire a driver's licence. In 1991, I then joined Douglas and Tate as a driver, and worked there until 2003 when I got fired. We were told that the company was going to be closed down. One of the co-owners of the company, RT, was the president of the Zimbabwe Tobacco Association at the time and he had lost his Terragwaai farms in Matepatepa due to land reform. At the time, around 43 workers at the company, including myself, had secretly applied for land and some workers who had not applied told RT. When he learned that some of his workers had applied for land, he just fired us all. He told us to that since we had applied for land we should go to farm. He accused us of being ZANU-PF supporters. I had applied for land in 2002 and was selected as a beneficiary in one of the farms around Christon Bank in Mazowe, and my name even appeared in the newspaper as a beneficiary. But the farms were taken over by senior politicians as the area has good fertile soils and we lost out. Having lost my job, I started engaging in welding, a skill that I had learned when I was working as a gardener in Harare. In 2005, I then worked as a driver at Zanadu Bakery. However, I only worked there for less than a year and abandoned the job due to hyperinflation. As a result, I decided to resign and came here. Originally from Chiweshe, my father was a tractor driver at Hariana farm and so after land reform he managed to gain access to a 'concessionary' 1 ha of land. When my father got the land, he then ceded it to me given my long-standing desire to have some land and he retained his house in the compound where he lived until his death. I started tobacco farming in 2009. Through tobacco farming, I managed to buy two cattle ( 2009), a grinding mill (2013) and small truck (2015). Throughout those years, I never struggled to pay my children's school fees. However, I have experienced many challenges. In the context of hyperinflation and sanctions, it's hard for farmers to succeed in such an environment. Access to draft power is also a major challenge. My cattle had increased to 12 through natural growth, but all died due to January Disease. I last grew tobacco in 2019 due to ill health (he appeared to have descended into mild stroke like symptoms). Case 8: SM (remained in SG3). I was born in Bindura in 1989, but I grew up in Hariana. My parents were originally from Mount Darwin. They came here in 1998, and my father worked here as a foreman. I dropped out of school at Grade 7 in 2005 due to financial problems. I then got married to GP in 2014. My husband was born and bred here. His parents came from Malawi, but worked as general hands here. He dropped out of school at Grade 6 due to lack of money. Our parents got 1ha pieces of land in the early 2000s. My husband was born in a family of three, but all his siblings passed away when they were still very young. His parents are all now late. So, he does not have close relatives to count on for support. In 2022, following the death of his father, my husband inherited a 1ha plot. We have since built a two-roomed brick and iron roof house and pole and dagga kitchen with proceeds from 'maricho'. We mainly grow maize and sweet potatoes, but during the 2022-23 season we took up tobacco production under contract with CTL. However, all the money was absorbed by the credit, and nothing came out of it. We decided to abandon it. Farming pays, but it's a challenge when you don't have inputs. My husband and I are keen farmers, but it's very hard to do well in farming if you don't have inputs. As farmworkers, we do not get access to inputs from the government. The settlers always ensure that they allocate fertilisers to themselves and their children first before giving farmworkers. Limited options and structural constraints In sum, former farm workers (or more accurately worker-farmers or farmer-workers) in Mvurwi who are still based in the compounds have limited options and their opportunities for accumulation and so 'success' is highly constrained. They exist in a subservient relationship with the A1 farmers, which, even if different to the exploitative employment relationship they had with the former white farmer, still means the scope for improving livelihoods is limited. Farmworkers remain discriminated against and marginalised. Opportunities are limited because they have small land areas, usually the concessionary 1 ha plots allocated early in the land reform period. Extending this area to be able to farm properly is difficult and requires negotiation with A1 farmers and setting up leasing arrangements in exchange for 'consultancy' advice or direct payment. This is only an opportunity for a few as wages for piece work on nearby farms are so low, and barely enough for subsistence. Those living in compound houses or rooms cannot build more houses as they have no land, so it is difficult to see where accumulation can come from. Poor education also limits opportunities for off-farm accumulation via stable off-farm jobs. Not surprisingly, most former farm workers sit at the bottom of the ranks, persistently over time, including across generations, remaining in SG3. © Copyright The Zimbabwean. All rights reserved. Provided by SyndiGate Media Inc. (
BBC News
3 days ago
- Business
- BBC News
South Africa's land law explained – and why it so inflames Donald 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 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 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 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. So what exactly can be expropriated without compensation? In rare circumstances it would be land that was needed for the "public interest", legal experts told the to South African law firm Werksmans Attorneys, this suggested it would mainly, or perhaps only, happen in relation to the land reform 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 and Karberg told the BBC that in their view, productive agricultural land could not be expropriated without 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 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. Why will less money be paid in compensation? 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 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 lawyers said that all expropriations had "extensive procedural fairness requirements", including the owner's right to go to court if they were not move away from market-value compensation will also apply to land expropriated for a "public purpose" – like building state schools or 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. Will it make it easier for the government to acquire land? The government hopes so. University of Western Cape land expert Prof Ruth Hall told the BBC that more than 80,000 land claims remain 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 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 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 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 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 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 Trump's Oval Office confrontation with Ramaphosa What has been the reaction in South Africa? 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 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". What does the government say? South Africa's Public Works Minister Dean Macpherson has defended the legislation, breaking ranks with his party, the 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 gave as an example the problems being faced by the state-owned power utility 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 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 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 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 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 Mabasa and Karberg told the BBC that in such cases compensation would probably still have to be paid for the buildings, though not the 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. What next? 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 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 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. You may also be interested in: Rebuked by Trump but praised at home: How Ramaphosa might gain from US showdownIs 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 us on Twitter @BBCAfrica, on Facebook at BBC Africa or on Instagram at bbcafrica
Yahoo
3 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
News24
3 days ago
- Business
- News24
Zim's farmers push on as land grab compensation flounders
For more financial news, go to the News24 Business front page. In a field of paprika plants in the heart of Zimbabwe, fourth-generation farmer Daniel Burger and relative newcomer Miriam Mupambawashe discuss the quality of the crop. Burger, 36, and Mupambawashe, 59, are neighbours and partners in efforts to revive the country's once-flourishing agriculture sector cut down by a ruinous land reform drive in the 2000s. The reform distributed land from the white minority, which still owned most of the best farmland 20 years after independence in 1980, to the black majority. Around 4,000 white-owned farms were confiscated, some with deadly violence. Mupambawashe was among thousands who received land. Though she initially knew little about farming, her small subsistence plot now thrives. Other farms failed or were abandoned, with some new tenants unschooled in agriculture and others -- including politicians who were handed land -- uninterested. There were food shortages and Zimbabwe soon required international aid. "There was a bit of a tough period through the 2000s and, unfortunately, I think it sort of refuelled racial tensions to an extent," Burger told AFP. "But being so passionate about farming was the motivator for me to move forward," he said. Good faith Mupambawashe moved to the area from the southern city of Bulawayo, around 200 kilometres (125 miles) away. "When we first came here in 2001, it was a forest and there was nothing built," she said. "Some of the white farmers were angry but we managed to talk to each other in good faith and move forward." "They never let us down and said, 'You grabbed the farm, let's see if you can do it'. But instead they brought their own tractors and equipment to come and help, which we felt was a nice gesture." It was hard in the beginning, especially after irrigation equipment was stolen, and the early failures were "embarrassing", Mupambawashe said. But today her plot does so well that she only needs to buy in sugar and cooking oil. Burger leases land from her and lends tractors and expertise. His family's land was among the few hundreds that were not seized in the 2000s. Nonetheless, "For a long time we became wound up in compensation," said Burger, vice-president of the Commercial Farmers Union of Zimbabwe (CFU) that represents mostly white farmers. "But it wasn't our purpose. Our purpose was driving agriculture and current agricultural affairs forward," he said. Compensation frustration This year, some farm owners whose land was confiscated received the first compensation payments after decades of waiting. The process has been complex and divisive. The government committed to compensation as part of an effort to settle arrears and reform the economy in order to be able to regain access to international credit lines cut two decades ago. It announced in 2020 the creation of a fund that would pay out US$3.5 billion for infrastructure on farms but not the land, which it says was taken by force by colonial settlers. Unable to raise cash, the government in 2023 changed the offer to one percent in cash and the remainder in US dollar denominated treasury bonds. In April, the first payments were made to 378 of 780 farmers approved for this scheme. Deon Theron, who represents the Compensation Steering Committee group of former white farmers, says the introduction of the bonds has annulled the original deal and negotiations need to start over. The bonds are "unsecured" and there is "limited recourse in the event of non-performance by government," he told AFP. "The general feeling amongst the farmers is firstly frustration that after 20-odd years we still have not received anything," Theron said. But the Property and Farm Compensation Association said its members would take what is on offer. The bonds are under international guarantee, said leader Harry Orphanides, adding that "digging in" and seeking more from the government would be futile. Tenure Mupambawashe and Burger are encouraged by another major government announcement -- the granting of land ownership rights to beneficiaries of the 2000s land reform. The tenure announced late last year replaces 99-year leases and means the new owners can deal with the property as they wish, including putting it up for sale. "It makes us feel settled," Mupambawashe said. "No one could come and tell us to move off the land or take it away from us." "It is just going to catapult us forward as a nation and an economy," Burger said. "We used to be the breadbasket of Africa and we lost it somewhat. But I just look at where we are now."
Zawya
5 days ago
- Business
- Zawya
Zimbabwe's farmers push on as land grab compensation flounders
Burger, 36, and Mupambawashe, 59, are neighbours and partners in efforts to revive the country's once-flourishing agriculture sector cut down by a ruinous land reform drive in the 2000s. The reform distributed land from the white minority, which still owned most of the best farmland 20 years after independence in 1980, to the black majority. Around 4,000 white-owned farms were confiscated, some with deadly violence. Mupambawashe was among thousands who received land. Though she initially knew little about farming, her small subsistence plot now thrives. Other farms failed or were abandoned, with some new tenants unschooled in agriculture and others — including politicians who were handed land — uninterested. There were food shortages and Zimbabwe soon required international aid. 'There was a bit of a tough period through the 2000s and, unfortunately, I think it sort of refuelled racial tensions to an extent,' Burger told AFP. 'But being so passionate about farming was the motivator for me to move forward,' he said. Good faith Mupambawashe moved to the area from the southern city of Bulawayo, around 200 kilometres (125 miles) away. 'When we first came here in 2001, it was a forest and there was nothing built,' she said. 'Some of the white farmers were angry but we managed to talk to each other in good faith and move forward.' 'They never let us down and said, 'You grabbed the farm, let's see if you can do it'. But instead they brought their own tractors and equipment to come and help, which we felt was a nice gesture.' It was hard in the beginning, especially after irrigation equipment was stolen, and the early failures were 'embarrassing', Mupambawashe said. But today her plot does so well that she only needs to buy in sugar and cooking oil. Burger leases land from her and lends tractors and expertise. His family's land was among the few hundreds that were not seized in the 2000s. Nonetheless, 'For a long time we became wound up in compensation,' said Burger, vice-president of the Commercial Farmers Union of Zimbabwe (CFU) that represents mostly white farmers. 'But it wasn't our purpose. Our purpose was driving agriculture and current agricultural affairs forward,' he said. Compensation frustration This year, some farm owners whose land was confiscated received the first compensation payments after decades of waiting. The process has been complex and divisive. The government committed to compensation as part of an effort to settle arrears and reform the economy in order to be able to regain access to international credit lines cut two decades ago. It announced in 2020 the creation of a fund that would pay out US$3.5 billion for infrastructure on farms but not the land, which it says was taken by force by colonial settlers. Unable to raise cash, the government in 2023 changed the offer to one percent in cash and the remainder in US dollar denominated treasury bonds. In April, the first payments were made to 378 of 780 farmers approved for this scheme. Deon Theron, who represents the Compensation Steering Committee group of former white farmers, says the introduction of the bonds has annulled the original deal and negotiations need to start over. The bonds are 'unsecured' and there is 'limited recourse in the event of non-performance by government,' he told AFP. 'The general feeling amongst the farmers is firstly frustration that after 20-odd years we still have not received anything,' Theron said. But the Property and Farm Compensation Association said its members would take what is on offer. The bonds are under international guarantee, said leader Harry Orphanides, adding that 'digging in' and seeking more from the government would be futile. Tenure Mupambawashe and Burger are encouraged by another major government announcement — the granting of land ownership rights to beneficiaries of the 2000s land reform. The tenure announced late last year replaces 99-year leases and means the new owners can deal with the property as they wish, including putting it up for sale. 'It makes us feel settled,' Mupambawashe said. 'No one could come and tell us to move off the land or take it away from us.' 'It is just going to catapult us forward as a nation and an economy,' Burger said. 'We used to be the breadbasket of Africa and we lost it somewhat. But I just look at where we are now.' © Copyright The Zimbabwean. All rights reserved. Provided by SyndiGate Media Inc. (
