# Not all land reform panel’s recommendations endorsed by Cabinet

- Link: https://dearsouthafrica.co.za/2019/12/20/not-all-land-reform-panels-recommendations-endorsed-by-cabinet/
- Published: 2019-12-20T17:01:31+02:00
- Author: dearSA

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## The external experts have been appraising government’s land reform process, with a focus on policy, legislation, frameworks and institutional arrangements.

While almost all recommendations made by the Presidential Advisory Panel on Land
Reform and Agriculture (PAPLRA) have been accepted by government, Cabinet found 
some not feasible to implement, according to Agriculture, Land Reform and Rural 
Development Minister Thoko Didiza.

The panel comprising land and agriculture professionals, chaired by Dr Vuyokazi 
Mahlati, presented a set of recommendations to Cabinet in July.

Addressing a media briefing in Tshwane yesterday, Didiza said many departments “
noted that some of the issues raised or reflected upon by the advisory panel were
matters already being addressed”.

She explained: “In large measure, the recommendations were seen as the affirmation
of the work already being done – giving alternatives on how some of these processes
can be undertaken.

“Other recommendations made proposals on policy and legislative gaps, such as the
policy on land tenure that will address communal land and traditional land tenure
in South Africa.

“Others spoke to interventions required to address matters, including coordination
among spheres of government.

“There were some recommendations that were not accepted – not because the issues
raised were not important, but such recommendations required further engagement 
of a policy nature.”

On agreed recommendations, Didiza said “relevant departments would develop action
plans to ensure implementation is undertaken”.

Among the advisory panel recommendations, not endorsed by Cabinet were the:

 * Establishment of the national land rights protector for managing high-level conflict–
   especially between the state and citizens – an issue found to be already covered
   in the expanded mandate of the Land Courts Bill.
 * Creation of the Land Reform Fund, with government seeing no merit in setting 
   up such a fund, due to current budget allocations addressing the resources required
   for land reform.
 * A land tax inquiry, already undertaken by the ministry of finance, which included
   land tax, incorporated in the property rates legislation.
 * Establishment of a land agrarian reform agency, already addressed by the configuration
   of the department that combines agriculture and land reform.
 * Transference of responsibility for the coordination of rural development from
   the Department of Rural Development and Land Reform to the Presidency – a recommendation
   found to be “mute, as the decision was already taken in the in the configuration
   of government in the sixth administration”.

“As it can be seen from the report, the panel used multiple processes to arrive 
at their recommendations.

“They reviewed existing documentation such as policies, legislation, as well as 
understanding consultation with a range of stakeholders, which included government
departments; and state entities.

“Attention was given to the funding of land reform, as well as proposals on how 
this important mandate can leverage on those private individuals who are willing
to donate land to the state for land reform purposes.

“Given its time frame, it can be appreciated that some recommendations could not
be extensively canvassed. Further work on some recommendations, will therefore have
to be undertaken,” said Didiza.

Asked what the country would resemble after the implementation of expropriation 
of land without compensation, Didiza said: “We would like to see an inclusive society,
non-racial and non-sexist in terms of ownership.”

**Agri SA reacts**

Government was under no obligation to implement any of the proposals of the advisory
panel, Agri SA said yesterday (Thurs).

In response a Cabinet decision not to endorse some of the PAPLRA recommendations
on land reform it found not feasible, Agri SA head of land affairs Annalize Crosby
said her organisation supported the move.

“With respect to a land tax and land ceilings, we are relieved that government has
chosen not to blindly implement those recommendations.

“We do however, believe that a land reform fund, based on a public-private partnership,
is essential and that current budget allocations for land reform fall far short 
of what is required. We also support an agricultural development agency of sorts,”
said Crosby.

She added: “Cost is a factor that needs to be considered. But there should be a 
huge focus on effective implementation. We think that should be done through public-
private partnerships.”

She quoted a Constitutional Court judgment in the Mwelase case that “touched at 
the heart of the problem”.

Read the judgement: “South Africans have been waiting for more than 25 years for
equitable land reform. The department’s failure to practically manage and expedite
land reform measures in accordance with constitutional and statutory promises has
profoundly exacerbated the intensity and bitterness of our national debate about
land reform.

“It is not the constitution, nor the courts, nor the laws of the country that are
at fault in this.

“It is the institutional incapacity of the department to do what the statute and
the constitution require of it that lies at the heart of this colossal crisis.”

[Article](https://citizen.co.za/news/south-africa/government/2221152/not-all-land-reform-panels-recommendations-endorsed-by-cabinet/?fbclid=IwAR3IzdQI7Ioh67cbYPmZobTJKBPbJp9e3vIvcAAfGZJwG0ZNz0YntWlQbLw)
by The Citizen