The following is the oral submission of BLF on the review of section 25 of the South African constitution, which was delivered by its President Andile Mngxitama to the Constitutional Review Committee on 05 September 2018 in Cape Town. It was previously published on the BLF website and is now reissued by Black Opinion:
This submission is limited to highlights of the written comprehensive submission made by Black First Land First (BLF) to this committee. For clarity, the presentation is divided into three segments: what’s the problem? what are we proposing as solutions? and why we say that this process is the biggest fraud since the CODESA sell-out.BLF supports the call to amend section 25 of the constitution so as to the ensure that ALL the land is returned to the people without paying the land thieves a cent.
Who must own the land?
The land is not a commodity expressed in title deeds nor does it belong to the state. The land belongs to black people!
This committee must reject the notion that the Constitution as it stands allows for land expropriation without compensation. Its a terrible lie told by opponents of land expropriation.
There are four important court decisions including one as recent as last September where the Appeal Court overtuned a mild decision of the Acting Judge Tembeka Ngqukaotobi. The court insisted that the starting point of just and equitable compensation starting is market value.
National consensus has long been reached that land must be returned to its rightful owners. This consensus is already in the very foundation of the problem. The problem is the theft of black people’s land by white people who arrived here in 1652.
The consensus is both historical and contemporary. After the fall of the Bambatha rebellion and in the short six years thereafter the African Natives National Congress was founded to fight for land. Another sixty years or so saw the formation of the Pan Afrikanist Congress to resolve the land question followed by Biko’s emergence for the same reason with his black consciousness.
1994 didn’t correct the injustice of land theft!
The 24 years of ANC rule has left the problem unanswered. As we speak in a country of 58 million people, only about 35 000 whites own close to 80% of the land. Just about 8% has been bought back since 1994.
Our people on farms are slaves who are abused and even murderered without any consequences.
We are called baboons and worse because we are vulnerable as a consequence of landlessness. Racism and poverty won’t end until the land has been returned
SA land policy amounts to perpetuation of a crime
The land reform policy of South Africa since 1994 has amounted to the perpetuation of illegality. If you buy stolen property, you are as guilty as the thief that sells you stolen goods.
1. Remove the whole of section 25 of the Constitution.
2. Replace section 25 of the constitution with the following:
a. All the land held by whites in South Africa is stolen property.
b. All black people have a right to land in South Africa without any payment.
c. The eviction of farm workers and poor people from land is illegal (we are saying the constitution must make it illegal for whites to evict us)
3. Land occupation by the landless blacks must be made lawful.
4. We reject the notion of “unused land, vacant land, unproductive land”. All the land, in particular the productive land which is now in the hands of whites, must be returned
5. This Committee has to ensure that the actual amendment of the Constitution is realised before the 2019 elections.
6. “Land Expropriation Without Compensation”, means taking land from whites and giving it to blacks (the victims of crime). Land in the hands of blacks must be excluded from expropriation (hands off the Ingonyama Trust!)
7. Declare any economic activities calculated to subvert the land return program as treason.
8. If the constitution is not amended before the next elections then both the ANC and the EFF are sell-out organisations that defend land thieves!
This is a political fraud
This process is the biggest political fraud since the CODESA SELL OUT!
There will be no amendment to the constitution before the 2019 elections.
This process is part of a scheme to deceive the people for their votes.
Why is the EFF and ANC sending you to ask us to justify why we must get back our land?
Julius Malema and Cyril Ramaphosa you are urged to serve the interests of the people – we say their lands must be expropriated.
This committee is being used to legitimise this colossal fraud. There are issues that the committee must clarify or risk being seen as part of the fraud, namely:
1. There was no need for the current so called “public participation”. Together the ANC and EFF have the two thirds majority to have introduced a Bill or improved on the withdrawn Expropriation Bill.
2. After your recommendations, if the parties still want land expropriation parliament will introduce a new bill.
3. Another round of “public participation” as per the constitution will have to be undertaken. This waste of time is deliberate. Again we ask, why didn’t the parties just use their majority to amend the constitution?
4. These delays are deliberate and are meant to give land thieves like AfriForum enough room to sabotage the whole process through economic terrorism. Moreover, Donald Trump, the father of Afriforum, is breathing down our necks and the recession is step one of the economic terrorism.
5. The EFF and ANC have the two thirds, why the delays?
5. If parliament doesn’t amend the constitution before December 2018, then BLF will lead the peoples Land Expropriation Without Compensation, starting with Johan Rupert’s farms.
6. If parliament was to amend the constitution before the 2019 elections I will personally come and apologise to each of you, and i will shave my beard and hair. But until then, you are all part of a fraud to delay land expropriation without compensation.