Xingwana during the launch of the Report on Land Ownership by Foreigners in
South Africa, Sheraton, Pretoria
14 September 2007
Programme Director
Deputy Minister for Agriculture and Land Affairs, Dirk du Toit
MECs present here today
Directors-General and their deputies
Members of the African National Congress
Members of the Congress of South African Trade Unions
Members of the South African Communist Party
Representatives of the National African Farmers Union
Members of the media
Ladies and gentlemen
There has been a widely held concern that the phenomenon of foreigners
owning South African land, especially coastal and inland prime tourism and game
reserve land is materially influencing effective land reform.
Every area of land owned by a foreigner and all coastal land, used for game
ranches or golf estates detracts from land available to previously disadvantage
South Africans who surely must have the first claim to that land.
If this trend continues unabated, government's ability to meet its
constitutional duties to deliver land reform, housing and access to related
resources such as water, health, food and social security will become
increasingly difficult. Instead of benefiting, the previously disadvantaged
South Africans will be the losers, not only in respect of access to land and
these resources, but also concerning the dignity and self-worth resulting from
an effective service delivery.
The unabated trend will also further restrict the ability to lift the
poorest of the poor out of existing poverty trap. Food sustainability, among
other things, will also be affected detrimentally. Another possibility, less
direct but no less important consequence, is the effect that this trend is
having on the land market, including the nature of elitist property
developments and the accompanying cost of all developments, at the expense of
our intended beneficiaries. Government would be failing in its duty if it did
nothing about this phenomenon.
Against this background, government has been engaged in the process to
address ownership of land by foreign citizens so that we can fairly address
these concerns which were also raised at the Land Summit in July 2005.
Following the Land Summit, a Panel of Experts was set up to guide this
process and the report is now ready for wide consultation.
It is important to note that the report presents the findings and makes
recommendations to the Ministry for Land Affairs, which can be used to inform
South African Policy on the issue of foreign land ownership.
As the Report indicates, management of foreign ownership of a country's land
is evident in many countries worldwide. We would be even more culpable against
this background; our government would be even more negligent if no steps were
taken in the light of these threats. Whatever government decides on, it must be
responsible and take account of all possible consequences of that action,
including the implications for macro-economic factors and foreign
investment.
Further is should be noted that government is committed to protecting land
rights to all South Africans, with particular emphasis on previously
marginalised communities to enable increased income levels and job
opportunities, facilitate access to productive land use and well-planned human
settlements.
The land question in South Africa is central to the actualisation of the
core Constitutional values of human dignity, the achievement of equality, the
advancement of human rights and fundamental freedoms, non-racism and
non-sexism.
Programme Director, I am well aware that equitable access to land is a yard
stick for measuring the worth of citizenship and how rights, freedoms and
responsibilities are distributed in South Africa.
Progress in resolving the land question is an important barometer for
measuring the manner in which South Africa is consolidating its democratic
gains. If not attended to, the unregulated ownership of land by foreigners may
impact on housing and therefore contribute to the lack of readily available and
affordable land for land reform.
As the Minister responsible for Land Affairs, I will consider both findings
and recommendations of the report and public submissions received in making a
policy proposal on foreign land ownership in South Africa. As we consider both
the findings and recommendations of the report we need to ask ourselves the
following questions:
* Does government need a comprehensive policy and legislative framework
contributes to the acquisition, use and investment in land by non-South African
citizens?
* Dhould government monitor and intervene by policy, legislative and other
means, in monitoring and preventing any possible negative consequence of land
acquisition/use by non-South African citizens, through an
inter-ministerial/departmental oversight committee?
Programme Director, the report provides useful comparative
international/foreign practices (laws, policies, impact, etc) on the issue of
land ownership by non-citizens) for example: Singapore, Indonesia, Canada,
United States of America, and Brazil. What is being recommended in the report
is therefore not unique to South Africa. There is already an international
precedent to this.
The report recommends improvements on disclosure of information to improve
the national statistics on this type of ownership. It also deals with the
issues of the impact on the property markets on land acquisition and use by
non-South African citizens by:
* distinguishing between land use for residential, commercial, agriculture,
eco-tourism / tourism / game lodge and golf course purposes
* proposals for disposal of certain changes in land use to foreigners.
As matters stand and as the Minister for Agriculture and Land Affairs, I now
call for constructive comments on the report and recommendations by the panel
of experts on the development of policy regarding land ownership by foreigners
in South Africa.
Programme Director, for those people who want to make their comments on the
report the following measures have been put in place:
* the report is available in the Government Gazette and on http://land.pwv.gov.za
* a period of 60 days will be given so that the public and stakeholders can
read the report and provide their written submissions to the Department of Land
Affairs or by e-mail: plof@dla.gov.za
* a toll free number - 0800 00 70 95 will be made available for people to call
and submit verbal submissions
* there is an abridged version of the report, which has been translated into
all official languages for your convenience.
This launch is the first step in giving effect to Cabinet's directives which
is what we intend doing. Cabinet advised that the drafting team under the aegis
of an interdepartmental task team be set up to give effect to recommendation
number one, dealing with compulsory disclosure requirements for all past,
present and future registration of titles, along the Financial Intelligence
Centre Act (Fica) requirements by way of amending Regulation 18 of the Deeds
Registries Act, 1937 (Act No. 47 of 1937) and the Deeds Registries Act
itself.
Furthermore, Cabinet also advised that a permanent inter-ministerial
departmental oversight committee consisting of at least the departments of
Agriculture, Provincial and Local Government, Environmental Affairs and Tourism
and Housing be set up to monitor trends in foreign land ownership and changes
in land use and to recommend to government appropriate corrective action.
Finally, Cabinet's directives were that the rationalisation and
harmonisation of land-use should be planning and zoning laws through the
enactment of linking national legislation to provide some certainty, minimum
standards and that order be prioritised. It is comforting to note that the Land
Use Management Bill gives effect to this Cabinet instruction.
In this launch we therefore highlight government's call for all concerned to
obtain and study the report and to provide constructive comment on the subject,
so as to better inform government's resultant balanced policies and
strategies.
I thank you.
Issued by: Department of Land Affairs
14 September 2007
Source: Department of Land Affairs (http://land.pwv.gov.za)
