Passing of Land Bill Ignites Farmers’ Old Fears of Seizures in South Africa

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JOHANNESBURG—Dries Marais gazed over his golden fields on his farm in the South African province of North West, corn glittering in the aftermath of a heavy thunderstorm.

In guttural Afrikaans, the 62-year-old barked: “When many of my friends and relatives left South Africa in the 1990s and early 2000s, I stayed.

“I told my sons, ‘We are connected to this soil. Our Boer ancestors fought for our place on this land. We fought the British and then we fought the ANC.’ The world says we lost those wars. But here we still are …”

Trevor Abrahams checks on nectarine trees on his farm on Oct. 10, 2011, close to Ceres, South Africa. Abrahams, an emerging farmer, has received mentorship, support, and funding from an established local farmer, to get to the point of having a productive fruit farm. (Rodger Bosch/AFP/Getty Images)

Marais’s face is lined, but his eyes are those of a much younger man, a steely, piercing navy blue, his thick, freckled forearms as brown as the ground his boots crunch into.

When South Africa’s last white president, F.W. de Klerk, released African National Congress (ANC) leader Nelson Mandela after 27 years in prison in early 1990, following decades of apartheid, whites feared a vengeful black population would drive them from their homes and land.

According to opposition party the Freedom Front Plus (FF+), 20,000 white farmers—respected internationally for their ability to produce food not just for their water-scarce, arid home country but for millions of people across sub-Saharan Africa—have emigrated since the mid-1990s.

“They’ve been driven out because 30 years into so-called democracy they still get told that they are European foreigners and do not belong in the only land they have ever known.

“People still sing so-called ‘liberation songs’ calling for them to be killed, and the court says it’s freedom of speech. They leave because they continue to be attacked on their farms, their children murdered and wives raped,” said Wouter Wessels, a member of parliament for the FF+, in an interview with The Epoch Times.

Marais said some of his friends are now highly successful grain farmers across the border in Botswana and Zambia, and especially in Russia and Ukraine.

“Do you believe me when I say they would rather stay in Ukraine right now than to return to South Africa? They tell me, ‘The war here is going to end soon and then the world is going to need even more wheat. When will your war end?’”

Marais scoffed, saying, “I can’t imagine myself farming in Ukraine or anywhere else. This land has been in my family for generations. We are Africans.”

But now, he acknowledged, something’s happened that’s making him “have second thoughts” about the future.

A few weeks ago, the ANC used its majority to push the Land Expropriation Bill through parliament, amid objections from opposition parties.

President Cyril Ramaphosa is expected to sign it into law in early 2023.

The bill allows the state to seize land for “public purpose” and in the “public interest,” without compensating owners. The ANC insists it will limit itself to “mostly” seizing abandoned land, property owned by “slumlords” and “land held for speculative purposes and not put to good use.”

But some agricultural unions and opposition parties fear the ANC plans to use the bill to confiscate white-owned land, in what would be a populist move ahead of elections in 2024.

“When the bill becomes law, what’s to stop the government from deciding that taking a white farmer’s land is in the public interest, and then doling it out to supporters?” asked Wessels.

The bill follows almost three decades of failed ANC land reform.

When the ANC has bought land from white farmers at market-related prices, and given it to black agriculturalists, most subsequent farming operations have failed.

In many cases not because the black farmers lacked the skill to farm, but because the government did not keep promises to support the farmers with subsidies. Much of the land now lies fallow.

Massive state-run agricultural projects have also been wracked with corruption, billions of dollars meant for “black farmer upliftment” still unaccounted for.

Ramaphosa told parliament “grave mistakes in land reform” had been made, insisting the Expropriation Bill would “right the past wrongs.”

His public works minister, Patricia de Lille, told The Epoch Times: “Expropriation of property with nil compensation is not a silver bullet. Expropriation is only one acquisition mechanism that in appropriate cases, for public interest, will enable land reform and redress.”

Her ANC colleague in parliament, Nolitha Ntobongwana, told The Epoch Times the bill is “very progressive … It will give land back to people who were forced off land during apartheid. It will bring dignity back to the people.”

But Samantha Graham-Mare, MP for main opposition party the Democratic Alliance, told The Epoch Times the ANC’s “telling lies.”

“This Expropriation Bill will not be used for land reform. It’s a tool to punish private property owners. The ANC wants to use it to cover-up its own failures. It has no interest in redressing past land injustices. Its only interest is in accumulating wealth for itself.”

Ultra-leftist party, the Economic Freedom Fighters, criticized the bill for being “too limited” and “pandering to the interests of white capitalists.”

“So now the ANC want to give unproductive land to black people, in other words, the scraps that whites don’t want. Once again with this bill the ANC has shown it is in bed with white landowners and white capital,” EFF leader Julius Malema told The Epoch Times.

One of South Africa’s foremost land reform experts, Professor Ruth Hall of the agrarian studies department at the University of Western Cape, told The Epoch Times the latest bill represented a “significant backtracking” on the part of the ANC.

“Earlier drafts of the bill were much more overt with regard to the possibility of the state seizing land without compensating owners. Subsequent revisions of the bill still leave that door open, but only a crack,” said Hall.

“Right now it’s unclear how it’s going to be used and politically the ANC has chosen not to say when it wants to push for no compensation and when it doesn’t.

“And I think one of the reasons why nobody’s terribly thrilled about this bill, on either the left or right, is that it doesn’t resolve this question.”

Hall said the ANC’s been very careful not to allude to expropriation of farmland in the reworked bill.

“I think there’s a deliberate misreading, particularly by supporters of the Democratic Alliance, to say that in the 1990s there was an agreement that there would always be compensation paid for land, and that is not the case.

“The constitution never said there must always be compensation, and it never said it should be at market price.”

Hall said the government has actually seized a lot of land down the years.

“If we look at the kind of land politics and conflict in the country, we see that a lot of it actually relates to situations where rural people are being expropriated.

“These are black communities who do get expropriated by the state without compensation but they don’t have private ownership rights; they have customary rights and informal rights.”

So, said Hall, the government’s always had the power to take private land without compensating legal owners, but hasn’t used it.

“The question now is, will there be a moment in the near future when the ANC decides it is in its political interests to seize a white-owned farm?”

Wessels says that possibility looms large.

“The ANC is panicking; it knows it is on course to lose the election in 2024. Even its own leaders are saying so, publicly.

“The more radical elements in the ANC are putting great pressure on Ramaphosa to deliver something tangible to the masses in 2023, something that will tilt them back into the arms of the party.”

Darren Taylor

Darren Taylor is a reporter based in South Africa.



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