Wayne Alexander
This year marks 110 years since the Natives Land Act of 1913 was introduced in South Africa, which stipulated that Africans were restricted to own 7% of the land in South Africa, while the remaining 93% of land was allocated to White settlers.
The 2018 report on Land shows the shift since then has been rather miniscule, with the land distribution showing about 72% in the hands of Whites and 28% in the hands of Blacks.
The Act led to the impoverishment of African communities, while enforcing racial segregation.
It is documented that Africans were forced into servitude and the legislation saw the eviction of Africans from their ancestral land.
Cheap labour became the norm, with the notion of labour tenants becoming the practice. Whites were presented as superior to Blacks, still perceived and manifested in our current situation.
The Natives Land Act in many ways became the precursor to apartheid, since it led to the establishment of other laws – such as the Urban Areas Act (1923), the Natives and Land Trust Act (1936), the institutionalisation of apartheid (1948) and the Groups Areas Act (1950), aggressively regulating the movement and settlement of blacks in South Africa.
The Freedom Charter created in 1955 was part of the response to an increasingly repressive government with all its draconian laws. It is characterised by its opening demand, “the People Shall govern”.
In relation to the issue of land, the phrase, “ The Land Shall be Shared among those who work it” and the Constitution of South Africa, 1996, propelled the quest for Land Redistribution and Land Restitution.
As a Constitutional imperative, the Commission was established in 1995 to provide redress to those South Africans who were dispossessed of land with a mandate to empower communities and beneficiaries to take ownership of their land, farms and space.
The people were traumatised by the dehumanisation nature of apartheid, which with colonialism stripped people of humanity and dignity. Think of aggressively being told to leave your fertile land.
Think of homes being bulldozed, destroyed in front of children, fathers, mothers and families. Think of the brutality of those events. The pain, anger is still recognised in the voices of the dispossessed people .
Many argue that people who were adversely affected before 1913, and suffered tremendously under colonialism have not been considered for restitution because of the regulations of the Land Rights Act.
History points to land expropriation that took place way before 1913, which remains a sensitive and contentious subject, noting that the land situation was a multi-party negotiations process which plotted the way for dealing with the controversial issue of land.
In April 1997 the national government of South Africa adopted the “White Paper on South African Land Policy” which encapsulated the essential features of the Freedom Charter and reaffirmed the government’s commitment to lay a firm foundation for a holistic transformation of land and agrarian reform for the new democratic dispensation.
These introductory remarks to the White Paper quoted hereunder set the tone, espoused the vision and framed the values on which the foundation of the new South Africa would be constructed:
“Land ownership in South Africa has long been a source of conflict.
Our history of conquest and dispossession, of forced removals and a racially-skewed distribution of land resources, has left us with a complex and difficult legacy.
“To address the consequences of this legacy, the drafters of the South African Constitution included the following three clauses: (a) 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.
(b) 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.
(c) 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. The three key elements of the land reform programme – restitution, redistribution and tenure reform - address each of these constitutional requirements.”
On November 25, 1994, the Restitution of Land rights was signed into law by president Nelson Mandela, the first president of a democratic South Africa. The Restitution Act provides for restitution or equitable redress to persons and communities who were dispossessed of land rights, after June 19, 1913, because of past racially discriminatory law or practices, and who have lodged a claim with the Commission on Restitution of Land Rights (CRLR) before the cut-off date December 31, 1998.
In 2014, it was decided the date of lodgement be extended and allow for new claims to be lodged by June 30, 2016.
However, a Constitutional Judgement, referred to as the LAMOSA judgment declared all new order claims not be processed until all the old order claims are settled and or until Parliament passes legislation providing for the reopening of lodgement of land claims.
As a commission our focus has been on the administrative and judiciary process, yet the social process is such an important concept if we are to bring about social cohesion and healing. It is not just about claimants and a reference number, it is about people, a community and society.
Has the narrative changed, are we able to tell a story of hope, social justice? Are we shifting the inequality that prevailed and still prevails? What must still be done, 110 years after the Land Act, 29 years since democracy, 28 years since the establishment of the CRLR, to improve the quality of the lives of people?
Looking at the lay of the land 110 years later through the lens of restitution with a focus on the Western Cape it may be useful to consider some statistical evidence to show that movement has taken place to address the wrongs of the past and restore dignity and humanity.
In the Western Cape, drawing from the latest information (May 2023), 270 (2,28 %) claims should still be settled with 214 outstanding claims to be settled in the Cape Town Metropole, 23 in the Cape Winelands, 18 in the Garden Route and seven in the West Coast. It is aimed to be completed over the next three years.
The restitution programme serves as a mechanism for transformation, social cohesion and nation building.
While still adhering to the process from lodgement, through research to settlement of claims – the commission is cognisant of the need to expeditiously settle claims.
In our post-apartheid state, and 110 years since the draconian 1913 Land Act, meaningful redress continues, given the legacy of deep-seated inequalities that still plague the nation.
The Commission remains committed to the settlement of claims, however, the transient towards the finalisation of claims and post-settlement is a lacuna that requires attention.
The land restitution process must be suffused into the notion of improving the quality of the lives of people, so in turn yield sustainable development.
Dr Alexander is the chief director of Restitution Support in the Western Cape
Cape Times