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DA: Statement by Annette Steyn, Democratic Alliance shadow deputy minister of rural development and land reform, the new ANC land proposal (25/03/2010)

25th March 2010

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The three-tier land tenure plan introduced yesterday by the Minister of Rural Development and Land Reform is indicative of the ANC's continued attempts to infringe on the Constitutionally guaranteed right to private land ownership.

The plan will be set out in a green paper in April and proposes qualified freehold for private land, leasehold for state land and precarious tenure for foreign ownership of land.

Section 25 of the Constitution clearly states that "No one may be deprived of property in terms of a law of general application, and no law may prevent arbitrary deprivation of property." The placing of caps and qualifications is tantamount to such deprivation.

Not only is the institution of a land tenure system that would qualify land ownership unlikely to stand constitutional muster, it will also be disastrous for South Africa's economic growth.

It is common cause that successful economies are built on the foundation of the protection of private property rights. Zimbabwe is a perfect example of a country where the lack of secure property rights led to a destruction of the economy following disinvestment. Investors are of course also less likely to invest in countries with unsecure property rights. The South African economy is already fragile and we cannot take this risk. 

The Democratic Alliance (DA) will continue to block any attempts by the ANC-government to infringe on Constitutionally guaranteed rights.

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