Introduction
The land question is not a simple or simplistic matter, nor is it a clear-cut black or white; right or wrong one. It is complicated, nuanced and extremely emotional. It contains within it the seeds of peace and harmony and, at the same time, conflict and misery. Solutions in one instance may result in complications in another. That is the dialectics of land reform, everywhere in the world.
What the government wants to achieve is a rural economy transformation system or model that provides stable and decent jobs and livelihoods; one which empowers individuals, including juristic persons, and communities; and one which is premised upon environmentally sound development practices and shared prosperity.
This model is a far cry from the one which was intended and clinically achieved by the 1913 Natives Land Act. The 1913 Natives Land Act model led to extreme poverty and misery to black South Africans, especially Africans. The objects of this model are very well spelt out by A.J. Christopher when he noted that “the Natives Land Act was officially conceived as a first stage in drawing a permanent line between Africans and non-Africans”. In essence, the Land Act became a critical edifice in the construction of a racially and spatially divided South Africa. Subsequent laws, such as the Urban Areas Act (1923), the Natives and Land Trust Act (1936) and the Group Areas Act (1950), reinforced land dispossession and segregation in the country. The shadows of these abominable laws remain evident even today, 20 years after the dawn of our democracy.
The context for land reform: sustainable development
The broad context for all land reform is the Constitution and the law of the Republic, particularly sections 25, 26, 27 and 36 of the Constitution. Secondly, it is the Freedom Charter (FC), which declares that 'South Africa belongs to all who live in it, Black and White!' Thirdly, it is the National Development Plan (NDP). Lastly, it is Agenda 21 of the United Nations (UN).
The tension to which these provisions are particularly pertinent is, on the one hand, the necessity to address historical land dispossession on the part of the majority, which could be absolute in most instances; and, extreme concentration of land ownership and control in a few hands, on the other. Ours is to mediate a 'just and equitable' redistribution of land across these two disparate and potentially conflictual systems and patterns of land ownership and control.
The UN ascribes effectiveness of "sustainability" to the following conditions:
- Socio-cultural development: health, education and recreation;
- Economic development;
- Environmental development;
- Institutional/political support; and,
- Morality and aesthetic relational values.
The amendment to the Extension of Security of Tenure Act, 2013, provides for sustainable human settlements. These settlements are designed to conform to the UN defined qualities in general; and, the three enablers listed below, in particular:
- secure the residential tenure of the farm-dweller/worker;
- enable him/her to sell his/her labour-power across the fence, without fear of eviction; and,
- strengthen his/her bargaining power in advancing worker rights and improving his/her conditions of living.
For any fundamental social change to be sustainable it must be embedded in the hearts and minds of the people, because people are the motive force for history. This is eloquently expressed by our icon, Nelson Mandela, when he addressed a rally in Durban on 25 February 1994:
“Since my release, I have become more convinced than ever that the real makers of history are the ordinary men and women of our country. Their participation in every decision about the future is the only guarantee of true democracy and freedom.”
As part of its work towards the installation of our democratic dispensation, the ANC developed the Ready To Govern framework whose four pillars, are:
- to strive for the achievement of the right of all South Africans, as a whole, to political and economic self-determination in a united South Africa;
- to overcome the legacy of inequality and injustice created by colonialism and apartheid, in a swift progressive and principled way;
- to develop a sustainable economy and state infrastructure that will progressively improve the quality of life of all South Africans; and,
- to encourage the flourishing of the feeling that South Africa belongs to all who live in it, to promote common loyalty to, and pride in, the country and to create a universal sense of freedom and security within its borders.
In 1988, in the Global Strategy for Shelter to the Year 2000, the "fundamental obligation (of Governments) is to protect and improve houses and neighbourhoods, rather than damage or destroy them" was recognized and adopted by the UN General Assembly in its Resolution 43/181.
Agenda 21 stated that "People shall be protected by law against unfair eviction from their homes and land." In the Habitat Agenda, Governments committed themselves to "protecting all people from, and providing legal protection and redress for, forced evictions that are contrary to the law, taking human rights into consideration; [and] when evictions are unavoidable, ensuring, as appropriate, that alternative suitable solutions are provided."
In carrying out all these strategic tasks, our tactical thrust is to pursue land reform with minimal or no disruption to food production and security. Yet, despite the need to sustain production discipline for food security, we should not paper over cracks.
Nelson Mandela warns against that when he said, during his Budget Debate on 18 August, 1994:
“To present a facade of unity on each and every issue would be artificial, undemocratic and patently pretentious. The more these issues are aired and opened up for public debate, the better for the kind of democracy we seek to build. Handled within the bounds dictated by the interests of coherent and effective governance, such debate will definitely enrich our body politic. This applies equally to debate within parties about how to manage this novel experience.”
The National Development Plan: Moving South Africa Forward!
The National Development Plan (NDP) provides a long term vision for accelerating development so that unemployment and inequality could be reduced, creating a more inclusive society. Radical change must bring real benefits to working people and the poor across South Africa.
The following Key Points are highlighted in the NDP relating to “An Integrated And Inclusive Rural Economy”:
- Rural communities require greater social, economic and politic al opportunities to overcome poverty;
- To achieve this, agricultural development should introduce a land-reform and job-creation/ livelihood strategy that ensures rural communities have jobs;
- Ensure quality access to basic services, healthcare, education and food security;
- Plans for rural towns should be tailor-made according to the varying opportunities in each area; and,
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Inter-governmental relations should be addressed to improve rural governance.
(NDP: Chapter 6)
If the expansion of agricultural production envisaged in this Plan takes place within the current structure of farming by merely expanding large scale commercial farming, the potential to create jobs is limited.
To expand agriculture and create 1 million jobs in the sector, the National Planning Commission makes the following recommendations:
- Substantially increase investment in water resources and irrigation infrastructure;
- Provide innovative market linkages;
- Linking farmers to existing markets is not enough;
- Create tenure security for communal farmers;
- Investigate different forms of financing;
- Greater support for innovative public-private partnerships;
- Increase and refocus investment in research and development for the agricultural sector;
- Improve and extend skills development in the agricultural sector, including entrepreneurship training; and,
- Investigate whether extension and other agricultural services are appropriately located at provincial level.
The National Planning Commission’s proposed model for a workable and pragmatic land reform model is based on the following principles:
- Enable a more rapid transfer of agricultural land to black beneficiaries without distorting land markets or business confidence in the agribusiness sector;
- Ensure sustainable production on transferred land by making sure that human capabilities precede land transfer through incubators, learnership, mentoring apprenticeships and accelerated training in agriculture sciences;
- Establish monitoring institutions to protect land markets from opportunism, corruption and speculation;
- Bring land-transfer targets in line with fiscal and economic realities to ensure that land is successfully transferred; and,
- Offer white commercial farmers and organised industry bodies the opportunity to significantly contribute to the success of black farmers through mentorship, chain integration, preferential procurement and meaningful skills transfer.
It is furthermore proposed that each district municipality with commercial farming land in South Africa should convene a committee (the District Lands Committee) with all agricultural landowners in the district as well as key stakeholders such as the private sector (commercial banks, agribusiness), the government (the national Department of Water Affairs and provincial departments that deal with rural development, land reform and agriculture) and government agencies (the Land Bank and the Agricultural Research Council).
The Committee will be responsible to identify 20 percent of the commercial agricultural land in the district and giving commercial farmers the option of assisting its transfer to black farmers. This can be done as follows:
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Identify land readily available from the following categories:
- land already in the market;
- land where the farmer is under severe financial pressure;
- land held by an absentee landlord willing to exit; and,
- land in a deceased estate. - Land will be bought by the state at 50 percent of market value. The shortfall of the current owner will be made up by cash or in-kind contributions from the commercial farmers in the district who volunteer to participate.
- In exchange, commercial farmers will be protected from losing their land and gain black economic empowerment status.
- A stepped programme of financing should be created. This should include the involvement of National Treasury, the Land Bank as well as established white farmers. The model envisages that the cost of land reform be spread between all stakeholders. It also envisages new financial instruments being designed for the purpose of facilitating land reform. These could include 40-year mortgages at preferential rates for new entrants into the markets, as well as land bonds that white farmers and others could invest in.
The Wildlife Farming Industry and Land Reform
There is a growing trend of conversion from conventional farming practices and agricultural production to the “new” economics of game farms and ranching. What effect does this have on the processes of rural transformation in South Africa? This is a difficult question to answer; and, those that have attempted to do so, are not in agreement. Indeed, they occupy different positions on a very wide continuum of views and opinions. On the one hand, there are a number of general concerns expressed, amongst others:
- that game farming is primarily a lifestyle endeavour “to maintain some form of idealistic colonial existence”;
- that game farms are artificially driving up the price of land due to current market-based land reform; and,
- that these farms are often foreign-owned, although locally managed.
On the other hand, there are arguments that they create more jobs, different types of jobs, increase opportunities in supporting industries and services, including taxidermy, tourism, and arts and crafts.
Wildlife Ranching as an Economic Driver
Undoubtedly, privately owned wildlife ranches have the potential to be lucrative income generators and wealth creators. Statistics show that the hunting industry is worth R8 billion per annum, while game trading amounts to more than R2.5 billion and is growing. Annual sales at wildlife auctions have increased from R62 million a decade ago to R1 billion today – a phenomenal growth!
But, can everyone participate in this growth industry? Indications are that the start-up capital required generally excludes many from the market – and, so far, demand has not grown so much from local farmers but from outside investors. This can create opportunities for partnerships between investors and land owners, with the state as the facilitator or interlocutor.
However, the continued exclusion of black people from the productive sectors of the agricultural economy is unsustainable. Finding solutions for the meaningful participation of previously disadvantaged people and communities, in the agricultural economy, is imperative. This is not a problem for government alone – it is the joint responsibility of all in a caring and humane society, including those already entrenched in the economy, in general, and the agricultural sector, in particular.
We welcome the call for rapid and proactive transformation by Wildlife Ranching South Africa (WRSA) and the industry’s commitment to promoting economic development and growth. We share the desire to facilitate transformation projects and create success stories. We agree that wildlife ranching could be a catalyst and key component of a wider, regional integrated development strategy to enhance land reform by bringing black farmers into the wildlife farming industry. We are particularly pleased with the call that wildlife farmers should identify partnership opportunities for aspiring black farmers under our restitution programme, and should assist in the initiation of black-owned wildlife enterprises, offer expert advice and work with local communities. Such a role, it is believed, could: accelerate transformation and land reform, accelerate rural development, reduce food insecurity, contribute to the green economy and strengthen the economic base of rural municipalities.
The conclusion, by yourselves, that transformation of the agricultural sector is essential to economic progress, peace and harmony, is specifically poignant. The commitment by the wildlife industry, backed by its resources and commitment to South Africa’s wildlife heritage, and its readiness to take up the challenge and facilitate the process, is highly commendable. It will place the industry on a pretty high moral ground.
I wish you well in your deliberations, and trust that ‘Together, We Will Move South Africa Forward!’
I thank you.
