Recommended Reading:

Friday, September 2, 2011

Green Paper on Land Reform - A Green Monster


By Anthea Jeffery

01 September 2011

‘Green monster' could wreck both property rights and the rule of law

The green paper on land reform, finally made public on 31st August 2011, is part of a new assault on the Constitution and the rule of law.

On the same day as the green paper was released, the deputy minister of correctional services, Mr Ngoako Ramatlhodi, let the cat out of the bag when he said the African National Congress (ANC) had made ‘fatal concessions' at the time of the political transition (see full article here). Given the balance of forces at the time (including the collapse of the Soviet Union), it had accepted a Constitution which ‘emptied the legislature and executive of real political power' and ‘immigrated (sic) the little power left [to them] to civil society and the Judiciary'. [The Times 1 September 2010]

Mr Ramatlhodi seems to forget that the 1996 Constitution was drafted by an elected constituent assembly dominated by the ANC. In addition, it reflects a very wide-ranging consensus that the new South Africa should be a constitutional democracy in which Parliament and the Cabinet would have to act in accordance with constitutional principles and provisions, failing which both law and executive action could be set aside by a Constitutional Court charged with the task of upholding the Constitution at all times.

Already the ANC has white-anted the Constitution in various ways, and particularly via its strategy of cadre deployment. The green paper on land reform goes much further, for it seeks to oust the jurisdiction of the courts in two key spheres

in determining the amount of compensation payable on the expropriation of land, a task it gives to a state official (a new valuer-general) in place of the courts;

in deciding whether title to land should be ‘invalidated', a job it gives to a state bureaucracy (a new land management commission).

The green paper also seeks to empower this commission to ‘seize or confiscate land gotten by fraudulent or corrupt means'. The meaning of this criterion is unclear, but the green paper perhaps supplies a hint when it suggests that land acquired in the colonial and apartheid era was lost to black people ‘through force or deceit'.

The green paper also suggests that more and more land will come under state ownership. First, by introducing ceilings on land in private ownership, it implicitly requires commercial farmers with more land than the maximum to dispense with the ‘excess'. The State could decide to expropriate ‘excess' land at valuations decided by the valuer-general.

Even if this does not occur, many farmers might find themselves obliged to divest themselves of ‘excess' land at the same time, which will flood the market and drive prices down. Since the only buyer to whom the ceilings will not apply will be the Government, the State will be able to take advantage of artificially low prices to buy up large tracts of land.

In addition, land already belonging to the State will no longer be available for sale to private owners, while those wishing to farm on it will have to be content with leasehold tenure. The case of Ms Veronica Moos shows how insecure such tenure could be. For Ms Moos was an emergent farmer who was illegally evicted from her leasehold land by former agriculture and land affairs minister Ms Lulu Xingwana, who arbitrarily decided that Ms Moos was not using the land well enough, even though inspection showed it to be well maintained and modestly productive.

Moreover, land in communal areas will not be available for sale to individuals either. Instead it will remain in communal ownership, although people living on it may in time acquire ‘institutionalised use rights' of uncertain content. Communal land will thus remain in public ownership, while land owned by foreigners who breach new conditions of title will be forfeit to the Government and is likely to end up in state ownership too.

The upshot is that more and more land will be owned by the Government - and that more and more people will occupy land at the pleasure of the State. Instead of helping black South Africans to experience the security of land ownership, the ANC seems intent on preventing them from ever acquiring this foundation for economic and political independence.

People outside the agricultural sector might see the green paper as posing problems for farmers alone, but this is a mistake. The green paper uses the emotive land issue to bypass the Judiciary and establish a new norm: that the amount of compensation payable on expropriation can be decided by a state official (the valuer-general) and that title to land can be set aside by a new bureaucratic body, the land management commission.

Once this norm has taken root, there will be little to prevent it being extended to mines, banks, firms, shares, or any other asset.

- Anthea Jeffery

Issued by the South African Institute of Race Relations, September 1 2011

Sourced from
politicsweb


See also Anthea Jeffery's article on Politicsweb:
"The ANC's dirty war"

21 comments :

Anonymous said... .....Click here to refresh this blog

Ja Boet,

Welcome to South Zimbabwe!?!

I think there is something very fishy on the go here. This and the concourt ruling that land may be appropriated BEFORE agreeing a price looks like there is something brewing behind the scenes.

If the constitutional court, who is there SOLELY to protect THE PEOPLE from THE GOVERNMENT has become corrupt, we are completely varked.

We only need to look north to see the effects of a PC, weak-willed, "toeing the party line" concourt and the effects thereof.

Anonymous said... .....Click here to refresh this blog

More promises that the sky is going to fall my the extreme right ? (Or as I prefer to call it "crying wolf" because nothing ever comes of their doom and gloom predictions)

If you guys believe half of what you write the words neurotic and paranoid comes to mind. But I doubt you do and the words alarmist and scaremongerer probably fit you better.

Anonymous said... .....Click here to refresh this blog

* Welcome to South Zimbabwe!?!

Why compare the richest country in Africa with the poorest ? The most democratic with the most autocratic ?Is it because you're dumb ?

Tia Mysoa said... .....Click here to refresh this blog

The richest country in Africa doesn’t even have sufficient funds to probe all the corruption…

“Several corruption probes, including that of ANC Youth League president Julius Malema, has been stalled due to lack of funds…” Fin24.com

Here goes Rooster style : Bwahahahahahaha!

Anonymous said... .....Click here to refresh this blog

The richest country in Africa doesn’t even have sufficient funds to probe all the corruption…

“Several corruption probes, including that of ANC Youth League president Julius Malema, has been stalled due to lack of funds…” Fin24.com

Here goes Rooster style : Bwahahahahahaha!

_____________________


Let me get this clear, are you trying to claim that we ARE NOT the richest country in Africa ?


Or are you point out that like every other country in the world we have corruption that government is trying to protect itself from ?

I will put my hand on my heart and swear that South Africa is relatively speaking an extremely un corrupt country compared to just about anywhere with the possible exception of certain Scandanavian/West European countries (but only a tint few).

Things we get worked up about like some kick backs on an arms deal or squandering of travel expenses would not even page page 32 on a very slow news days in most countries if they actually new what was really going on. I mean kick backs on arms deals in the U.S.A is an industry !(Halliburton etc)


Do I like corruption ? No. Do I accept it on the micro South African tenders kick backs etc scale as a realist ?

Yes. Actually I think corruption is the number one factors roads are maintained, houses, community halls etc are built. And let me tell you a lot of non government people are getting rich off it too. The money doesn't dissapear after all. It goes straight back into the economy to auto dealers who in turn spend it etc. Shrug.

Anonymous said... .....Click here to refresh this blog

@ September 3, 2011 9:29 AM...

I would suggest that as you do not see the analogy that you are the dumb one.

It is common knowledge that South Africa is firmly on the path to become the latest embodiment of the Marxist Paradise State. Completely corrupt, completely undemocratic and completely FUBAR just like our northern neighbour.

The fact that you cannot see it indicates a willing "turning away" from fact that is indeed DUMB...

And while South Africa may be the "richest" country in Africa it is rapidly falling behind its erstwhile peers in any and all sensible measures of success. The fact that the momentum of the previous "regime" and the economy they built has carried us this far in spite of the best efforts of our Marxist Nazi masters is astounding.

May I be as bold to encourage you to pull your head out of your arse long enough to smell the humus. You may find it an enlightening experience.

Anonymous said... .....Click here to refresh this blog

And while South Africa may be the "richest" country in Africa it is rapidly falling behind its erstwhile peers in any and all sensible measures of success. The fact that the momentum of the previous "regime" and the economy they built has carried us this far in spite of the best efforts of our Marxist Nazi masters is astounding.


____________________


Do yourself a favour and research South Africa's longest and most rapid period of economic growth. (hint : it was somewhere in the decade that started in 2000). Economic growth was absolutely stagnant during the later years of Apartheid. The economy was crumbling into dust. Post Apartheid South Africa saw us double our GDP in 10 years.

Spin it any way you like but it won't make the following less true: Post Aaprtheid South Africa is an economic miracle. I know you hate this fact because it makes all the "zimbabwe 2.0
" idiots look like the morons they are.


Also 80% of South Africans now have electricty and running water compared to 30% in 1994 (when we were really a banana republic).

Murder rate is down 50%.

Average income for all races has increased over 180% (inflation corrected).

Really...to get angry about South Africa today rather tyhan pre 1994 is a massive testiment to a lacking of the facts.

Anonymous said... .....Click here to refresh this blog

@ ANON September 5, 2011 10:34 AM...

I fail to see your logic. EVERY reasonable measure of success in every sphere of endeavour shows South Africa SLIPPING behind BANANA REPUBLICS, but you wish to hail the rapidly failing state as a success. Why?

The very fact that you can use the growth of the decade 2000 as "proof" indicates that you are in all reality an ignoramus.

While the economy was indeed stagnant during the late eighties and early nineties, it was maintained under the most difficult economic sanctions ever imposed on a country. To use the imposition of "fake" market forces as proof of failure is incredibly disingenuous and overwhelmingly dishonest.

Further, it is a remarkably trivial thing in a resource based economy to DOUBLE the GDP in ten years when you are coming off a ZERO base that was "imposed" from outside the economy. All it takes is for the previous supply to be resumed.

The decade of 2000 simply took a WHITE economic model that had been bludgeoned to death by the western powers in order to "Give us... us free" and turn South Africa into a basket case that will accept ANY deal just to stay alive.

Go and look at some of the deals Zimbabwe has been forced to make with the Chinese - nothing less than legalised rapine and pillage.

Yet you hail "that" growth as our most successful period evah. Humbug!

Further, South African foreign income; during the BIGGEST RESOURCE BOOM IN LIVING MEMORY has shrunk - yeah, I can see the success right there. Also how do you explain the successes of South Africa becoming a NETT food importer. If the base industries of our economy are in such a wretched state, what is the knock on effect in other industries?

Also, another indicator of our collapsing economy and massive structural and legal shortcomings is the complete LACK of DIRECT FOREIGN INVESTMENT. Countries see South Africa as more risky than countries where there is currently CIVIL WAR being waged. I'm sorry but I fail to see the economic miracle you are talking about.

While your sweeping generalisation is in fact true regarding wages there are TWO major flaws in being able to hail that as an "success". Firstly, the increase in those most "affected" by Apartheid - the lowest skilled and lowest paid workers have received no where close to 180%. Secondly, while the percentage increase is "wonderful" and should fill us all with a utopian joy in the success of our Marxist Paradise, the massive JUMP UPWARDS in unemployment indicates that the economy, while paying highly skilled workers in an effort to keep it limping along is in fact completely FUBAR. Add to this a bloated and overpaid, under-productive bureaucracy and you have a sure recipe for economic ruin - NOT success.

You are clearly an economic ignoramus.

Further, Murder rate is down 50%... Bwahahahahaha. I laugh in your face. LOL.
According to the highly massaged SAPS stats - maybe it is down.

However - what you and the SAPS forgot to do was remember to tell Interpol, the Morgues and the people who issue death certificates, that you were massaging the Murder stats so they had to find "other" causes of death. The Interpol figures, supplied to them by the same SAPS that claim murder is down, all indicate that it is on an upward trend.

How can giving economically inactive people free electricity at the cost of the rest economy even remotely be seen as a success? I shudder to think how you would measure failure.

What was your seemingly clever quip right at the end?

Oh yes - something about being equipped with the facts... Now you have been equipped.

You, my friend, truly have your head a little too far up your own arse.

There happens to be a real world out there and it does not resemble the bottom of your rabbit hole at all.

Anonymous said... .....Click here to refresh this blog

You are clearly an economic ignoramus.

______________

Far from it mate. The wonderful thing about the scientfic method is that you can explode your emotions all of an argument but the data always wins. And every indicater shows South Africa has never been economically better off (world wide recessions aside.)


You murky the waters talking about unemployment. That's pure semantics. Are you old enough to remember Apartheid ? Did you ever visit a "homeland" ? Now you tell me what percentage of people in the mud dwelling homelands were employed ? 1% ? 2% ?

Let's go with 2%. Seems a bit high though. People were subsistance farmers and goat herders or water and wood fetchers. This hardly exists anymore as people seek employment (they're allowed to travel to cities) and somewhere some dufus notices the trend of people seeking to work rather than survive on some maize plants and announces "More people are looking for work ! Unemployment has increased."


It's so dumb it should be a really bad joke.

Anonymous said... .....Click here to refresh this blog

Further, Murder rate is down 50%... Bwahahahahaha. I laugh in your face. LOL.
According to the highly massaged SAPS stats - maybe it is down.

However - what you and the SAPS forgot to do was remember to tell Interpol, the Morgues and the people who issue death certificates, that you were massaging the Murder stats so they had to find "other" causes of death. The Interpol figures, supplied to them by the same SAPS that claim murder is down, all indicate that it is on an upward trend.

_________________________

Ha ha ha ha ! Oops ! You failed big time there. The murder rate is not compiled by police reports alone (in fact that's just used to cross check). It is comiled my exactly the above things you mention as well as a few other. Cause of death certificates etc. These figures are used to produce so many other stats that they simply can't be faked unlike theft figures etc. The political oppostion of this country even accepts the decreasing murder figures. Your claim that there is a contrary figure is entrely bogus.


And tell me something how the hell would interpol have mor reliable figures ? Do they monitor every murder through satelite ? No, they would only have access to the same data you and our staticians have. Dismal logical failures all 'round.

Anonymous said... .....Click here to refresh this blog

How can giving economically inactive people free electricity at the cost of the rest economy even remotely be seen as a success? I shudder to think how you would measure failure.

What was your seemingly clever quip right at the end?

Oh yes - something about being equipped with the facts... Now you have been equipped.

You, my friend, truly have your head a little too far up your own arse.

There happens to be a real world out there and it does not resemble the bottom of your rabbit hole at all.
____________________________


Boy you guys need some new material. "The rabbit hole" and "ostrich" and "be a realist" metaphors are wearing very, very thing don't you think ?


You want to lecture someone on being a realist try first uncompromise your objectivity by addressing your inherent prejudice and confirmaton bias. Then you might just take the first step to evolving enough to understand the world.

Anonymous said... .....Click here to refresh this blog

@ Anon
September 6, 2011 9:50 AM,
September 6, 2011 9:55 AM,
September 6, 2011 9:58 AM...

Thanks for the reply. Speaking of the scientific method... You should employ it some time.

Which indicators would those be, may I ask?

The World Economic Forum indicates backward progress for the last three years, not only in economic endeavour (which we will blame on the "Recession"). The OECD indicates a backward trend. As does the WHO in issues non related to economics. As does the UNDP. As does the last SADC Peer Review.

I would love to see your "indicators"...

My economic genius, when reading the unemployment statistics for South Africa, be less interested in the total job seeker pool, which indicates nothing but the fact more people are looking for jobs. You should be VERY interested in a little title that says "Jobs Lost" or "Jobs Shed". A powerful indicator that your success theory is a myth. A four year old could tell you that a successful economy does not shed jobs - it creates jobs. I should have been a little more explicit in my description of unemployment. But for now suffice to say that the total economic load of South Africa is now shared by a hell of a lot less people than ten years ago. That is an INCREASE IN UNEMPLOYMENT, regardless of total labour pool. It is the DIRECT LOSS of JOBS.

I fail to see how your straw man regarding murder has any bearing. The fact of the matter is this. You say: Murder is down. I say yes - compared to last year. The point is this - listen closely - Murder is STILL WAY HIGHER than during Apartheid. FACT. Trumpeting a small decrease in the past year or so as success is bullshit. The murder rate in post apartheid SA sky-rocketed, and that is FACT, verifiable by many sources, and now that it is slightly down, you wish to manufacture a success story from that...

If this represents what you regard as the Scientific Method perhaps we need better scientists.

Anonymous said... .....Click here to refresh this blog

Please show me what data you are comparing post apartheid murder to. After 5 years studying the issue you will be the first person to produce murder stats for apartheid South Africa. No stats were kept for the homelands. No stats were released the the public. So this mythology reminds me of the "Aids bomb".

Aids has been around for centuries. Suddely they start testing for it and what do they find ? The more they test the more it increases ! So aids has increased right ?

What nonsense. Semember SANTA in the 70's and 80's ? (South African national tB association ?)

Same with murder. No data then you suddenly start to report data and find a high number and present this as if it magiced into exstance ?

You haVe an abismal understand of human nature. People don't suddenly murder because ....wait..because what ? I've never gotten an answer to that ? What suddenly changed and made people start to murder each other ? The absense of fascist rule that only cared for the white race ? It's absurd ! It was always happening ! It was just "inconvenient data" to the apartheid government who tried a silly propaganda campaign of trying to present Apartheid South Africa as a utopia. That stuff worked on you ? Wow man. Come on ! Critical thinking fail !!!!!

Cue bono ? To whom does it benefit and all that !

Anonymous said... .....Click here to refresh this blog

The World Economic Forum indicates backward progress for the last three years, not only in economic endeavour (which we will blame on the "Recession"). The OECD indicates a backward trend. As does the WHO in issues non related to economics. As does the UNDP. As does the last SADC Peer Review.

I would love to see your "indicators"...


_________________

We were on of the least affected countries in the last recession. A downward trend ? Fine. Compare apples with apples. Care to name a country that hasn't had a downward trend ?

(clue : mostly all sub saharan africa)

Facts are our economy has grown apart from 2 auarters in the last 12 years. This depite a meagre population growth of around 1%. We're getting richer. Why try claim it's anything different when that's blatantly false ?

Anonymous said... .....Click here to refresh this blog

@ September 6, 2011 9:30 PM...

The crime statistics for South Africa pre 1994 are ALL available at the University of Cape Town - Government Library. These are the original source documents from the Central Statistics Service responsible for reporting convictions for crimes, and the original Annual SAP Reports which include the Crime Statistics.

Have fun! It is going to take you quite a lot of digging and you cannot do it over the web.

ENJOY ;-D

May I also remind you that the use of "Reported Crimes" in South Africa as a statistic is quite misleading as many other researchers and papers indicate that 50% or more of certain crime categories actually goes unreported.

For TBVC crime statistics you will need to take a journey to the various previous homeland Universities. Fort Hare has a number of studies and surveys on the crime rate in the Ciskei and Transkei.

These however are inferred from communities surveyed and do not provide a holistic view of crime and criminality throughout the region pre 1994. However, what can be extrapolated from the data is that the crime rate is higher now than surveyed by them in 1976, 1982, 1987, 1990, 1992, and 1996.

The surveys took what little crime reporting from the previous Ciskei and Transkei police forces and collated them with community perceptions and "felt" responses to crime. They also undertook a study to determine the gap in reported crimes to actual crimes in certain urban areas to determine the "real" picture of criminality in those communities. Very interesting reading.

The major contributing factors are urbanisation coupled to direct job losses leading to a larger percentage of the population without the wherewithal to feed themselves. This can be directly attributed to the current regimes "pooh-poohing" of subsistence agriculture as an economically viable lifestyle and the lure of promises of houses and/or access to grants.

So... While the current crime statistics are a measure, albeit inaccurate, of crime in the whole of South Africa, the figures for pre 1994 South Africa are conclusively lower, even if one takes the trouble to investigate, find and collate the statistics of the former TBVC countries and adds them to the pre 1994 SA statistics.

Enjoy the journey. I look forward to reading your conclusions in about 2-3 years when you are finished collating.

So... Far from mythology and an abysmal understanding of human nature... It would seem that, contrary to simply believing the lie that "statistics do not exist for the former TBVC States", they do indeed exist - however incomplete and fractured they may be.

;-0

Anonymous said... .....Click here to refresh this blog

@ September 6, 2011 9:34 PM...

I do not dispute that the economy has grown consistently since 1994. What I dispute is your using that simplistic fact as a measure of success.

Per capita GDP - the measure of how successful the individuals that comprise that economy are - has declined consistently.

This should immediately alert you that all is not quite as rosy as it seems.

In other words, while GDP has grown, the PER CAPITA GDP has shrunk. So, while you are factually correct in saying our economy is "successful" because it has grown; the individuals within that economy are "unsuccessful" as their share of that economy has SHRUNK, and with that, their ability to provide themselves and their families "a better life for all".

To me that is a better indicator of economic success than crowing about "growth".

Anonymous said... .....Click here to refresh this blog

*Per capita GDP - the measure of how successful the individuals that comprise that economy are - has declined consistently.


________________

Rubbish ! Please post me to any data that shows per capita GDP has shrunk. The GDP has doubled since 2002 growing at an average of above 4% a year and the population growth for that period was around 1%. It's not possible GDP per capita has shrunk. You're flat out wrong.

Anonymous said... .....Click here to refresh this blog

You do understand how GDP per capita works don't you ? If your economy grows faster than your population growth then you're getting richer PER CAPITA.

And you have the nerve to question my understanding of basic economics ?

Anonymous said... .....Click here to refresh this blog

May I also remind you that the use of "Reported Crimes" in South Africa as a statistic is quite misleading as many other researchers and papers indicate that 50% or more of certain crime categories actually goes unreported.

______________


Ignoring the obvious fact that how can you know they are not reported when ...well they are not reported ?
WTF ??? That type of thumb suck of the convenient 50% is entirely random and invalid. Also I bet most countries outside the "first world" actually have a bigger ratio of unreported crime.

But anyway I'll let you answer your own question to your own satisfaction. When were the majority of our country more likely to report crime ? Under apartheid to the apartheid police who they hated or the non existing police in their home lands ? Or now ?

Anonymous said... .....Click here to refresh this blog

So... While the current crime statistics are a measure, albeit inaccurate, of crime in the whole of South Africa, the figures for pre 1994 South Africa are conclusively lower, even if one takes the trouble to investigate, find and collate the statistics of the former TBVC countries and adds them to the pre 1994 SA statistics.

____________________

I say any data that existed in the homelands must be crumby at best. I spent my youth holidays in the transkei and ciskei in the days when most people (over 90%) there did not have electricity, accessible roads, had never seen or heard of a police station , means of transport etc. Crime was punished by the community chief and jungle justice ruled. So you're not comparing apples with apples.

And also why in this country are we so entitled we expect the government to be responsible for everything ?! People on the extreme right go on like everything is the governments responsibility...and then they call moderates like me socialists ? Amazing irony.

Anonymous said... .....Click here to refresh this blog

To compare you hardly see a house in the Transkei without a tv arial/satelite dish these days. And the quaint mud huts have almost all been replaced by R.D.P houses everywhere. Supermarkets and shops are opening everywhere. No wonder the A.N.C gets almost unviversal support in these homelands.

Latest 5 Featured Posts:

Operation Vula, its Secret Safari, and Zuma’s band of comrades - Dec. 2013
During 1986 the ANC launched an underground operation called Operation Vula. A lesser-known fact is that it continued to operate after Nelson Mandela's release in February 1990, and for three years after his speech in August 1990 when he reiterated the total commitment of the ANC, Umkhonto we Sizwe and the SACP to the Groote Schuur Minute.

Heritage Day Photographs (Voortrekker Monument) - Sept. 2013
This posting includes a few photographs taken on Heritage Day 2013. The posting introduces an unusual but beautiful new structure called QUO VADIS? (with the question mark) which I’m sure many readers have never heard of.

The Yellow-Bucket Marula Tree: A Mystery Solved! - Oct. 2013
I came across a rather strange phenomenon one day while travelling along the R561 route between Tolwe and Baltimore in the Limpopo province of South Africa. A small yellow bucket was attached high-up in a branch of a Marula tree, hence the name of this posting. It’s a real funny story which I’m sure most readers will enjoy - as much as I enjoyed compiling the article  - (with illustrations).

Pretoria’s Monument for Victims of Terrorism - July 2013
Many people (including myself) had almost forgotten about a noteworthy monument in Pretoria that stood at the entrance of the old Munitoria building on the corner of Van der Walt and Vermeulen Streets (now renamed Lilian Ngoyi and Madiba Streets). When the Munitoria building was demolished on 7 July 2013 nobody could tell me whether the monument was still standing or not, so I decided to go look for myself.

Remembering The Battle of Delville Wood - July 2013
14 July marks a day when the South African 1st Infantry Brigade got engaged in the 1916 (WW1) Battle of the Somme, in France. The battle was one of the largest of World War I, in which more than a million men were wounded or killed, making it one of humanity's bloodiest battles. One specific encounter during this battle, known as The Battle of Delville Wood, is of particular importance to South Africa. The posting includes a comprehensive article (with pictures) compiled and written by Petros Kondos.


Blog Feeds - Sister Blogs:

African Countries (Alphabetical list):
(The links will redirect to the Amazon.com page dealing with the specific country.)




JKLS AFRICA



Browse Books By Category