The year 2024 was a watershed year for land reform in SA. While there were no seismic developments that marked a momentous change in the trajectory of land reform there were, nonetheless, steady and encouraging signs that tentative progress is being made to address the land question.
Skewed land ownership patterns which were precipitated by past injustices need to be addressed to foster inclusive growth and social cohesion.
One of the most notable developments in 2024 was the splitting of the department of agriculture, land reform and rural development into two ministries, namely the Department of Agriculture headed by minister John Steenhuisen and the Department of Land Reform and Rural Development led by minister Mzwanele Nyhontso.
We welcomed this development as we believed that it will enable Steenhuisen to focus solely on the agricultural sector and unlock its much-needed growth.
The split will also give Nyhontso the space to address the myriad bottlenecks that impair the expedient and effective implementation of the land reform programme, as identified by several commissions such as the Motlanthe Report and the presidential advisory panel of land reform and agriculture.
Another development in the land reform space is the passing of the long-anticipated Expropriation Bill. The bill which had been sent to the president for assent has now been signed into law.
It seeks to repeal the Expropriation Act of 1975 and marks the end of a legislative journey spanning more than 16 years, and once put into operation, it will hopefully provide much-needed certainty in land reform.
While criticism levelled at the slow pace of the land reform programme is valid, we should caution against blanket condemnation of the initiative and highlight the pockets of progress.
At the State of the Nation Address in February 2024, President Cyril Ramaphosa pointed out that the 30% target set for agricultural land to be transferred by 2030 was approaching 25%, about 23.25 million hectares.
Land reform is often criticised because it has been painfully slow at best, or an outright failure at worst. This is understandable, given the vast tracts of once productive land that have degenerated into ruins.
The backlog of unsettled land claims also fuels the narrative of the sluggish pace of land reform. Figures from the Constitutional Court indicate that 130 000 unsettled claims lodged in 2014, and 5 700 claims that were lodged in 1998 are in the process of being settled.
Another significant development has been the Communal Property Associations Amendment Bill. This amendment provides improved protection of communities and fosters a more transparent and just framework for managing communal lands.
It additionally establishes a CPA Office and mandates the appointment of a registrar to oversee the regulation of CPAs.
The establishment of the government of national unity was one of the biggest political developments of 2024. Despite divergent political views on the GNU, one thing is clear: the coalition government widens the pool of talent that the executive can tap into, and it allays jitters in the investment community.
There is no need to reinvent the wheel. We need to implement the elaborate recommendations of the High Level Panel report (Motlanthe Report), and the Presidential Panel on Land Reform and Agriculture. It’s also important to look at what organisations such as Vumelana are doing and use these lessons to upscale in order to have meaningful impact It is disappointing that the creation of the Land Reform and Agricultural Development Agency as promised by the president in 2021 has not materialised. The agency must be established urgently to facilitate better co-ordination, reduce red tape and serve as a one stop on issues related to land reform and development.
While the Land Court Act, 2023 which came into effect in April 2024 should be lauded, there is a need to prioritise the resourcing of the Land Court, and the Land Court of Appeal, to ensure that disputes can be adjudicated in a speedy fashion while contributing towards the development of jurisprudence on land related cases.
- Setou is the chief executive officer of Vumelana Advisory Fund, a non-profit organisation that was established in 2012 to help communities in the land reform programme to put their land to productive use through its Community Private Partnership model
