Issued by: The Ministry of Land Affairs
It has come to my attention that the Province of KwaZulu/Natal has drafted legislation to "re-enact" the Ingonyama Trust Act. It is clear that the proposed amendments to the Act will not only aggravate the multitude of problems already being experienced with the Act, but will definitively be contrary to the interests of the people of KwaZulu/Natal.
The Ingonyama Trust Act, originally passed with undue haste in the dying moments of the apartheid regime, was the subject of an extensive investigation by a representative Cabinet Subcommittee. Cabinet on 15 June 1994 accepted the recommendations of the Subcommittee and unanimously resolved that the Act should be amended or substituted in order to ensure that the Ingonyama will continue as the guardian of tribally occupied land and that provision be made for issues dealing with alienation of land. Provision should also be made for the land to be dealt with in accordance with a set of agreed principles, and that a structure be created for managing the land in order to prevent unwarranted interference by any person or party.
Cabinet also unanimously resolved that legislation to give effect to this decision should be the subject of consultation between the National Government and the Provincial Government and that all parties should agree and undertake not to take any action which might pre-empt the implementation of this decision.
To give effect to this decision of Cabinet, I instructed my Department to investigate possible amendments which would obviate the problems caused by the Act. In effect, the Act as it stands makes the Ingonyama as trustee the owner of some 93 per cent of the land of the former KwaZulu. It makes any kind of development impossible, as people are not able to own the land in their own right; people are not able to participate in Government's housing scheme, and are not able to access loans or bonds from private institutions. All land in the former KwaZulu, with the exception of privately owned land, falls under the authority of the Ingonyama. This includes townships, government buildings, roads, dams and parks.
I have discussed the Ingonyama Trust Act with the Premier of KwaZulu/Natal at a recent meeting. It was clear that the Province si fully aware of some of the problems experienced with the Act. However, the proposed bill not only repeats and aggravates the problems of the Act, but might extend them into other areas.
There is no dispute about the need for protection of communally or tribally owned land, but this draft leglislation goes way beyond that. The intended legislation clearly is contrary to the interests of the people of that province; something which the provincial government should be well aware of. The question thus arises - why aggravate an issue that already is causing numerous problems for the people of the area? It seems clear to me that there can be no other motive involved than an overtly political one.
I find it unlikely that any other political party will support this proposed legislation, which will only serve to inhibit the development of the region for some time to come. In addition, the provincial government should be well aware that it does not have the power to legislate on this issue. Such a move would be unconstitutional. Central government cannot stand idly by and watch this happen. All parts of government are obliged to respect and comply with the Constitution.
ISSUED BY THE MINISTRY OF LAND AFFAIRS, 4 OCTOBER 1995