Image credit: BO archives
By Andile Mngxitama
In the first episode of “The Black Perspective”, I explained the hoax of Land Expropriation Without Compensation. In this follow up episode I deal with Advocate Tembeka Ngcukaitobi’s submissions regarding Section 25 of the Constitution and his contributions to the “Draft Constitution Eighteenth Amendment Bill, 2019” (Draft Bill). I also address the influences of Professor Ruth Hall to the land “reform” process.
The Draft Bill, as I pointed out in the previous episode, presents the misleading propositions of Advocate Ngcukaitobi and Professor Hall, who are staunch opponents of land expropriation without compensation to land thieves.
Just to further recap as a backdrop to this episode:
The amendments suggested in the Draft Bill are two fold. It firstly suggests the notion of “nil compensation” in the event that parties are amenable or if such nil compensation is determined by the courts.
It secondly provides for legislation to be enacted to determine under what circumstances the “nil compensation” would apply. Here the Expropriation Bill published in December 2018, which refers to abandoned land, unproductive land, land laying fallow, abandoned buildings, and state land, is instructive. So all the unwanted land is what the land expropriation bill says will be expropriated for which nil compensation will be paid.
This then indicates other circumstances where “nil compensation” won’t apply and to this end where market value will apply, as already suggested by the courts.
This idea of nil compensation comes from two very interesting characters, Professor Hall and Advocate Ngcukaitobi. Professor Hall has for a very long time been doing work on the land issue to make sure that she protects the Constitution and in so doing doesn’t interfere with it. Basically she ensures that white people’s property remains secured.
Ngcukaitobi is the author of this very popular book, “The Land Is Ours” which Hall assisted in promoting. In fact this book has nothing to do with land. It has to do with this idea that black people contributed to the birth of the constitution of South Africa (SA) and that if they want land they must adhere to the same constitution that says we must buy back our land.
Ngcukaitobi in his book clearly intends to instill faith in the SA Constitution which has failed to resolve the land question for black people. He misrepresents the liberation struggle as being premised on the bourgeois anti black notions of the rule of law and constitutionalism. It is significant that the book was published on February 1, 2018, some 7 months before Ngcukaitobi‘s appointment to Ramaphosa’s Advisory Panel on Land Reform and Agriculture.
In this regard, on 21 September 2018, the appointment of President Cyril Ramaphosa‘s ‘Advisory Panel on Land Reform and Agriculture’ (which included Professor Hall and Advocate Ngcukaitobi) to advise the ‘Inter-Ministerial Committee (IMC) on Land Reform’, was announced.
The panel was tasked with providing approaches on land policy, suggesting models for implementation by government, and the circumstances under which expropriation without compensation will be implemented.
In it’s final report the panel proposed amongst other things retaining the compensation centered nature of Section 25 of the Constitution by providing for limited circumstances in a constitutional amendment where expropriation without compensation may be necessary; zero compensation in justifiable circumstances; as well as devising a Donations Policy for properties to be donated by landowners, for the donors to be exempted from donations tax, and for government to pay the land transfer conveyancing costs in this regard.
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You may view “Andile Mngxitama vs Advocate Tembeka Ngcukaitobi on the land question” via the link, https://youtu.be/7cGsCcVvb2E
Andile Mngxitama is the President of Black First Land First (BLF), a radical black consciousness organization.