As South Africa celebrates Human Rights Month, the land reform debate remains a major challenge for the government. It is yet to be seen how the new Expropriation Act will change the face of agriculture and address the access to land for most farmers.
The CEO of the Vumelana Advisory Fund, Peter Setou, said the land reform programme remains central to the country’s broader human rights discourse. He said land ownership, access, and the productive use of land are fundamental to the fulfilment of human rights.
Setou said the right to land extends beyond ownership; it includes the ability to productively utilise land to improve the livelihoods of people.
“A key challenge in the land reform process has been the underutilisation of restituted land. To prevent land from lying fallow, thorough assessments must be conducted before land claims are finalised.
“Plans for land use and community support should be in place before transfer occurs, to ensure the long-term viability and sustainable use of the land,” Setou explained.
“While there is consensus on the need to undertake a land reform programme to rectify the racially skewed land ownership patterns resulting from centuries of colonialism and decades of apartheid, there is a sharp divergence of opinion on the appropriate approach to land reform. Of importance is to ensure that the land reform process does not further compromise human rights, but that it reinforces and restores dignity,” he said.
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Setou said the constitutionality of the Expropriation Act, in particular the provisions dealing with expropriation with nil compensation, is yet to pass constitutional muster in the country’s courts after several parties vowed to institute litigation.
“Thousands of communities who have been forcibly removed from their ancestral land are still waiting for restorative justice as their land claims have yet to be settled, while many property owners fear that the operationalisation of the Expropriation Act, in particular the provision of nil compensation, will trample upon their rights to property,” he said.
Securing land tenure crucial for success
Setou said the issue of land reform can never be taken lightly because the ability to access, own, and productively use land is central to efforts to restore dignity, and security, and drive social and economic development.
“As South Africa moves forward with land reform, it is crucial to ensure that policies and implementation strategies uphold human rights, drive inclusive economic participation, and promote the development of communities across the country, to improve the livelihoods of people across communities.
“Land reform remains an essential element for the realisation of many human rights. In recognition of the fundamental role that land ownership plays in driving sustainable economic growth. Strengthening land tenure rights, particularly for those living on communal land is essential for ensuring that local communities play a central role in land reform decision-making,” he said.
According to Setou, secure land tenure will not only empower individuals by allowing them to use the land as collateral but also attract private-sector partnerships to enable communities to participate in local economic development.
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