Final Report of the Presidential Advisory Panel on Land Reform and Agriculture

29th July 2019

Final Report of the Presidential Advisory Panel on Land Reform and Agriculture

As we celebrate 25 years of democracy, it is regrettable that the legacy of land dispossession has yet to be redressed, and social exclusion and economic inequality persist. The promises made and the expectations of our people have not been fulfilled.

Democratic South Africa, a constitutional sovereign state, has been founded on the values of human dignity, the achievement of equality and the advancement of human rights and freedoms, as well as non-racialism and non- sexism as contained in the Constitution of the Republic of South Africa Act 108 of 1996. These are further elaborated upon in the The Bill of Rights as contained in Section 7-39. Of particular importance is section 25 of the Constitution, which protects existing property rights from arbitrary deprivation while at the same time making provision expropriation of land subject to the payment of compensation. Section 25 also obligates the State to ensure equitable redress.

It also provides for the protection of tenure rights of farm dwellers and people living on communal land. The Presidential Advisory Panel on Land Reform and Agriculture (the panel), grounds its report and its recommendations within this context. The driving imperative of social justice and human development for social change and economic prosperity strives to redress injustices and imbalances of the past towards an equitable and sustainable development.

This report introduces a comprehensive approach to land reform emphasising rural-urban linkages, while addressing the unique territorial characteristics. Land reform in South Africa has somewhat neglected urban realities and focused on agriculture. Therefore, the consideration of an integrated urban development framework, spatial transformation, and a system based on a unitary, equitable tenure system as strong components of land reform marks a significant and integrating focus compared to the agricultural land focus that earmarked farmland exclusively in its land targets for redistribution.

Report by the Presidential Advisory Panel on Land Reform and Agriculture