Mashatile rejects 1652 cut-off date in South Africa land reform debate
Mashatile rejects 1652 cut-off date in South Africa land reform debate
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South Africa’s Deputy President Paul Mashatile has said the government does not intend to adopt 1652 as a cut-off date for land reform and restitution, arguing the current constitutional and legal framework is sufficient and that changing it would be complex and time-consuming.
Mashatile made the remarks in Parliament on Thursday while responding to Freedom Front Plus MP Wynand Boshoff during a National Assembly question-and-answer session.
He said Section 25 of the Constitution provides for restitution claims linked to dispossessions after 19 June 1913, and that the Restitution of Land Rights Act of 1994 gives effect to that constitutional provision.
“These provisions are adequate in dealing with the issue of land reform in South Africa. Any change to this framework would require lengthy constitutional and legislative processes, which will further be complicated by developments that have taken place in our country over three centuries,” Mashatile said.
He told MPs the government remained committed to land reform that is “just, equitable” and legally sound, while also protecting economic stability and food security.
“We are fast-tracking processes to enable land to be transferred to the rightful owners and providing them support for those who are ready to till the land,” he said.
Mashatile acknowledged delays in the restitution programme, attributing them, among other factors, to disputes within families and communities.
Boshoff asked whether the deputy president foresaw a point at which land reform and restitution would be concluded so that farming could continue without the possibility of new claims. Mashatile responded that the process would be complete when land had been returned to “its rightful owners”, adding that government intended to speed up implementation.
Debate in the House also included calls from some MPs for an earlier cut-off date than 1913. EFF MP Sam Matiase criticised what he called a “market-based approach” and questioned whether government accepted that the approach had failed, while also asking what policy intervention would be used to change patterns of racial concentration in land ownership.
In reply, Mashatile said calls for an earlier cut-off date had complications, adding: “I’m saying when the regime of the time legislated the stealing of land, that’s where we focus, and I think the 1913 Land Act is a piece of legislation that we are utilising to bring back land to its rightful owners.”
MK Party MP Andile Mngxitama argued that focusing on 1913 would not address the land question, contending that dispossession had occurred earlier. Mashatile responded that government started with the point where legislation existed, and said it would work to ensure people receive land “as far as it is possible”.
The exchange comes as the MK Party has introduced a Private Member’s Bill aimed at amending the Constitution to allow for expropriation of land without compensation as far back as 1652. The proposal has drawn mixed reactions, with some MPs describing it as “food for thought” and others warning it could have far-reaching implications.
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