The national dialogue on the Exceptions Policy Framework will go a long way towards achieving reconciliation and address landlessness among Khoi San people, says Rural Development and Land Reform Minister Gugile Nkwinti.
“This is an important conference, we are discussing the future of our country, we are discussing the building of a nation that is inclusive, non-racial and non-sexist. The exceptions to the 1913 policy framework is part of our country’s commitment to national reconciliation, social cohesion and nation building”, these were the words of the minister.
Minister Nkwinti was delivering the opening address at the National Dialogue on the exceptions to the 1913 Natives Land Act cut-off date and communal land tenure model, currently underway at the Birchwood Hotel, in Boksburg, Gauteng.
The purpose of the dialogue is to provide a platform to enable further collective discussions with a particular focus on: finalising consultation on the Exceptions Policy Framework, which is to be submitted to cabinet with a request for approval to publish the policy framework for formal public consultation and finalising consultation on the Communal Land Tenure Model which will inform the Communal Land Tenure Bill to be submitted to cabinet.
The minister said that although land redistribution and land tenure reform was originally meant to redress land dispossession that occurred prior to 1913, a need for targeted interventions to cater for the descendants of the Khoi and San; heritage sites; and historical land marks has been identified.
“When we talk about exceptions we are talking about how to get back the land we lost in various wars of land dispossession before 1913”, Minister Nkwinti added.
In the 2013 State of the Nation Address the President announced that Government would consider re-opening the lodgement of land claims, and explore Exceptions to the 1913 cut-off date for land claims, to accommodate the descendants of the Khoi and San, historical land-marks and heritage sites.
In June 2014 the President signed into law the Restitution of Land Rights Amendment Act, 2014 (Act 15 of 2014). This Act re-opened the lodgement of land claims for a period of 5 years from 1 July 2014 to 30 June 2019. All those who were dispossessed of their rights in land, after 19 June 1913, as a result of past racially discriminatory laws or practices, and who did not lodge their claims during the first period for lodgement now have a chance to lodge their claims.
The Exceptions are part of the new trajectory for land reform set out in the Green Paper on Land Reform (2011), it is aimed at addressing historical exclusions, providing equitable access to land, and participation in the optimal utilisation of land; as well as to address challenges relating to access to food at both household and national level to bring about household food security and national food self-sufficiency.
According to the Deputy Land Claims Commissioner, Mr Thami Mdontswa the land is a common heritage for all South African citizen particularly those who were dispossessed of their land and those that work it.
It follows therefore that there must be equity in the distribution and allocation of land amongst all national groups and the role of the dispossessed groups must be clarified. The land where heritage sites and historical landmarks are located must also be redistributed to the owners of the heritage site and historical landmarks must be regulated to ensure conservation through sustainable use.
Regarding the Communal Land Tenure Model, minister Nkwinti said the model responds to two fundamental legal questions following the vesting of communal land on the national sphere of government by the Constitution: firstly, whether comprehensive real rights, or, only residual real rights were vested in the national sphere of government; and, secondly, what types/forms/bundles of real rights were, or are still, held by the occupants of communal land.
The history of the homelands and self-governing territories, including the Transformation of Certain Rural Areas Act (TRANCRAA) land, informs the various types of communal land and associated landholding rights. However, another category of communal land was created, post 1994, through various land reform programmes - in both communal and non-communal land.
One example is the creation of Communal Property Associations. This has created enormous challenges in terms of governance and administration; and, investment and development models.
Minister Nkwinti told the conference that, fundamental, or, central to resolving this question of modelling are is two things: the will of the people; and the socio-economic impact of the structure chosen on the lives of the people and their communities. It is therefore critical that people make an informed choice..
