Issued by: Ministry For Agriculture and Land Affairs
STATEMENT BY MR DEREK HANEKOM MP, MINISTER FOR AGRICULTURE AND LAND AFFAIRS: TENURE REFORM BILL
Following an intensive and transparent process of consultation with all stakeholders, the Extension of Tenure Security Bill was published on 4 February 1997. This consultative process started in July 1996 when I held a meeting with stakeholders in order to find a solution to the unfair evictions of farm dwellers and to their continued insecurity of tenure.
Submissions by the stakeholders were discussed at a second meeting on 26 August 1996, and served as a basis for a series of bilateral discussions with individual stakeholders. These discussions culminated in a draft bill which was tabled, discussed and adjusted at a third stakeholder meeting on 28 January 1997.
Throughout the consultative process (including round-table conferences, draft statements of principles, and numerous bilateral discussions) there was general agreement on the aims of the Bill. Nor was any serious reservation expressed regarding the draft principles. Indeed, we were repeatedly assured by organisations representing white farming interests (including the South African Agricultural Union) that decent land owners were in the majority and that such land owners did not evict people unfairly. Furthermore,f we were assured that most land owners had already accepted the challenge of finding long term solutions to the problems of tenure insecurity.
However, I am disappointed in the SAAU's latest response to the Bill, I have repeatedly stated our desire to accommodate legitimate concerns in a structured and rational manner. We have done so throughout the consultative process and will continue to do so. The Parliamentary process provides for a further consultative, focused and transparent process during which interested parties may make their submissions.
We believe that much of the instability and fear which is destabilising rural areas comes from uncertainty about the future of land rights. The draft legislation proposes a two-pronged solution to the problem - to prevent unfair evictions and to create alternatives which provide people with independent land rights. It reflects a choice to regulate the relationship between owners and occupiers rather than to upgrade the rights of occupiers into ownership. As such we thought it would be a relief to land owners. We know it has been a disappointment to NGO's representing landless people.
The draft legislation is not aimed at farmers. Like the Reconstruction and Development Programme, it is aimed to benefit those people who are most vulnerable and insecure. The Bill does not undermine or attack the rights of current owners of land, but creates mechanisms which will provide for alternatives for vulnerable people through which they can secure independent rights of their own.
In the interim, while these long term solutions are being implemented, it provides protection against the eviction of people who have nowhere else to go. These protections apply only to people who have done nothing contrary to their agreement of occupation with the land owner. Thus the protection does not apply to people who refuse to work, or pay rent, or act in a manner which is threatening, destructive or illegal.
The anti-eviction part of the Bill does not impose new court processes. In all eviction cases, even under current law, land owners have to get an eviction order. The Bill just adds some factors which a court will have to take into account before it grants an eviction.
The heart of the Bill is about measures aimed to create new initiatives where people will have land rights of their own. The draft legislation commits government to fund such initiatives. The anti-eviction part of the Bill is about fairly regulating the cir- cumstances under which land owners can evict occupiers. It stops only unfair evictions in circumstances where people have no place to go.
As such the Bill is hardly a radical land reform measure. it is disappointing that the SAAU has responded in the way it has, especially since the basis and principles of the Bill have been discussed with them for so long. This indicates a tenacious determination that the status quo must not change in any way.
However, I am confident that the majority of land owners are reasonable people who do not act unfairly. The draft bill contains a set of concrete proposals and provides a framework for discussion. It is critical that the debate take place on the basis of an accurate understanding of the contents of the draft legislation. I therefore appeal to them to judge the Bill on its own merits.
Should people have any difficulty obtaining copies of the Bill, please contact the Department of Land Affairs or phone our toll-free number at 0800 111 021. The Bill could also be accessed at http://wn.apc.org/dla/.
Issued by the Ministry for Agriculture and Land Affairs, 13 February 1997
For further information, please contact: H Schlenther 082 571 5083 A Claassens 083 267 0905 J Yawitch 082 572 7177