Make restituted land productive: Addressing challenges and unlocking reform potential

Source: sandro mattei via Unsplash

Calls for clarity on the Bill's implementation and its impact on private property rights remain largely unanswered. Rightly or wrongly, anticipation that the president would provide further details during the State of the Nation (SONA) address went unmet, leaving the public with lingering uncertainty and leading to speculation.

The need for effective land reform

As debate continues to intensify, various stakeholders are seeking assurances and a clearer roadmap for how the Expropriation Bill will be implemented.

Despite the heated debates surrounding the Expropriation Bill, one aspect remains unequivocal: the new law does not grant the state unchecked power to expropriate property arbitrarily or for purposes outside the public interest. Like most legislation, it incorporates checks and balances to ensure adherence to legal principles.

We remain confident that any contentious aspects will be addressed through the regulations to be promulgated in terms of the Act. Furthermore, like it is the norm with most pieces of legislation, over time the Courts will assist in interpretation of specific sections of the Act and thus bring more certainty and legal clarity to the Act and further develop jurisprudence.

While the enactment of the Expropriation Act is a significant development as it replaces the old Expropriation Act which had been on our statutes since apartheid and was deemed to be unconstitutional, it should not be viewed as a solution to the longstanding challenges and bottlenecks that continue to hinder the land reform programme's effective implementation.

Peter Setou, Chief Executive Officer, Vumelana Advisory Fund

Several reports have identified the obstacles facing the country's land reform efforts. It is now imperative to act on the recommendations outlined in government-commissioned reports such as the Motlanthe Report without further delay.

Both the High-Level Panel Report, often referred to as the Motlanthe Report, and the Presidential Advisory Panel on Land Reform and Agriculture have identified critical issues that continue to hinder the success of land reform.

These include inadequate government capacity, poor coordination, corruption, and elite bias. The absence of a robust legislative framework to guide and hold policymakers and implementers accountable has also been highlighted as one of the issues to be addressed.

Urgent interventions needed

Additional concerns include uncertainty about the objectives of land reform, inadequate budgets, limited access to financing for beneficiaries, and the persistent lack of comprehensive post-settlement support. These issues collectively require urgent and focused interventions to achieve meaningful progress.

The above diagnosis represents some of the challenges that cannot be addressed by legislation. So far, the state has done well to lay the legislative foundations to implement the land reform programme. The most challenging work lies in implementing solutions that will strike a balance between social and economic development; while addressing social justice issues.

We must acknowledge that land and agrarian reform alone will not alleviate rural poverty. A revitalised and well-targeted land reform programme, combined with investments in new infrastructure, such as irrigation systems, can significantly contribute to job creation.

It is also essential to recognise that the government cannot address all these challenges alone. An enabling environment for private-sector involvement must be established, along with active support for partnerships.

Closer collaboration with entities promoting these partnerships is crucial for success. Given the high demand for public resources and limited funding, innovative approaches to financing land reform are urgently required. Removing barriers to affordable finance for land reform beneficiaries is equally important. In this regard, closer collaboration with the financial sector is crucial.

Land reform and development agency

Furthermore, the government needs to fast-track the establishment of the Land Reform and Development Agency, as announced by the President several years ago. This agency must be adequately resourced and staffed with skilled professionals to enhance implementation and reduce bureaucratic red tape.

Last but not least, the signing of the Land Court Act into law in April 2024 is one other significant positive development. Priority must now be given to adequately resourcing the Land Court to ensure the swift adjudication of land-related disputes.

Furthermore, implementing alternative dispute resolution mechanisms is urgently required to provide a faster, more cost-effective way to resolve cases and enhance the overall efficiency of land reform efforts.