ACDPs Steve Swart says Afriforum is arrogant and is taking us back as a country. DA's Glynnis Breytenbach says this "a missed opportunity" for #Afriforum and cant align herself with the organisation. #LandExpropriation #sabcnews
— Bulelani Phillip (@BulelaniPhillip) September 6, 2018

Floyd Shivambu to Afriforum "If you are threatening us with war, we are ready" #LandExpropriation #LandHearings
— Nkgono Neria (@neriahlakotsa) September 6, 2018

EFF MP Tebogo Mokwele tells AfriForum's Ernst Roets: "Let me tell you my brother from another mother, we are going to take the land whether you like it or not."

AfriForum's Ernst Roets tells CRC, in particular ANC and EFF MP's: "You are drunk on ideology of failed National Democratic Revolution."

AfriForum's @ErnstRoets says the "biggest historic fallacy" of our time is that whites stole the land #Section25 #SAonLand @TeamNews24
— Jan Gerber (@gerbjan) September 6, 2018

.@afriforum is the next organisation to present to CRC on amending #Section25. EFF concerned that AfriForum has its own cameras in venue. Co-chair Lewis Nzimande rules that it will not be allowed #SAonLand @TeamNews24
— Jan Gerber (@gerbjan) September 6, 2018

There will be litigation, Ntsebeza tells MPs

Land holders can be asked to donate some of the land that they are not using

An amendment to the Constitution should be the last resort, says Ntsebeza

I'm going to put a spanner in the works here, says MP

If you have a corrupt state, peoples' land rights will forever be trampled

Section 25 subsection 1 seems to be biased in favour of property owners, says FHR

Adv Dumisa Ntsebeza SC of Foundation for Human Rights says they support amending #Section25 of Constitution to allow expropriation without compensation. Land occupied by farm workers, labour tenants and farm dwellers should be expropriated without compensation @TeamNews24 @gerbjan

A land ombudsman should be appointment to assist vulnerable groups

Women must be allowed title in their own name – especially in the rural areas, says Ntsebeza

Women, farmworkers, youth and poor are key groups

Marginalised people have already paid for the land through cheap labour

Land should be expropriated without compensation and given to identified groups

Ntsebeza says the FHR is civil society organisation

Concerned about slow pace of land reform;

Control of land by individuals;

Access to land in urban areas

Dumisa Buhle Ntsebeza speaks for the FHR

Foundation for Human Rights up next

The land that belonged to the black majority is now in the hands of the white minority - that's a fact, says the House of traditional leaders

Chair wants MPs to wrap up this submission

Don't create CPAs where there is a traditional leader

You undermine all that our forebears did

You are biased according to the Western system of governance, says the House of traditional leaders

The House of Traditional Leaders supports an amendment to the Constitution to allow expropriation without compensation, Inkosi SE Mahlangu tells CRC #Section25 #SAonLand @TeamNews24 @gerbjan

This does not depend on the Constitution, this depends on a legislative framework and voting the necessary funds, says HSF

Three quarters of land in Polokwane is owned by one family, says MP

EFF's Floyd Shivambu says Helen Suzman Foundation's delegation is "three old white men who benefitted from apartheid". CRC co-chair Lewis Nzimande asks him to treat them with respect and dignity. #Section25 #SAonLand @TeamNews24 @gerbjan

You don't throw stones if you're living in a glass house, Chair reprimands MPs

The high level panel is being used for research, says HSF

Tempers flare as MPs attack each other and the HSF

Legislation is avoid the possibility of arbitrary decisions in terms of land reform

Helen Suzman Foundation says land reform is an imperative to address inequality, but amending Constitution is misplaced and unhelpful #Section25 #SAonLand @TeamNews24 @gerbjan

HSF says nearly 90% of income is earned in urban areas

HSF says 84% of SA is effectively urbanised

Expropriation without compensation cannot be justified if the beneficiaries come from the wealthier sectors of society

Helen Suzman Foundation tells CRC it is neither desirable nor neccessary to amend the Constitution #Section25 #SAonLand @TeamNews24 @gerbjan

HSF poses questions on mechanisms of land expropriation

Willing buyer, willing seller does not appear in the Constitution, says HSF

Helen Suzman Foundation presents

The process of restitution is extremely slow

Section 25:

25 Property

(1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.

(2) Property may be expropriated only in terms of law of general application—

(a) for a public purpose or in the public interest; and

(b) subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.

(3) The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including—

(a) the current use of the property;

(b) the history of the acquisition and use of the property;

(d) the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and

(e) the purpose of the expropriation.

(4) For the purposes of this section—

(a) the public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources; and

(b) property is not limited to land.

(5) The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.

(6) A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.

(7) A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.

(8) No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).

(9) Parliament must enact the legislation referred to in subsection (6).

SA Constitution

Expropriation without compensation is allowed, but should be done through legislation, says SAHRC

EFF's Floyd Shivambu says he is uncomfortable with SAHRC's presence at CRC because they are taking a political posture. #Section25 #SAonLand @gerbjan

SAHRC commissioner JB Sibanyoni: "Land is dignity. Restoration of land rights is restoration of dignity." Told CRC expropriation without compensation is "just and equitable". #Section25 #SAonLand @TeamNews24 @gerbjan

You must stay in your lane, EFF's Shivambu MP to SAHRC

"You woke up on the other side of the bed, hey," Chair tells him

There should be a land claim, not a money claim, says the SAHRC

Women should benefit from land redistribution, says the SAHRC

Constitution permits a departure from the compensation provision, says SAHRC

Ineffective implementation measures are the result of the failure in the land reform programme, says SAHRC

OVERVIEW: ‘Biggest historic fallacy’ of our time is that whites stole the land - AfriForum