'Land without compensation' being reclaimed: State in South Africa to be able to seize 'white-owned' land

Thirty years after the end of the racist Apartheid regime, Black people own only a small fraction of agricultural land across the country. Most of the land remains in the hands of the white minority. Over the 30-year period, a significant portion of white landowners paid compensation to the state for their land. However, no price had been paid for some agricultural lands known as 'land without compensation.' With the new law, the state will be able to seize these lands when it deems necessary.

The Black majority in the country had been expressing frustration over the slow progress of land reforms.

While Ramaphosa's ANC party described the law as an 'important turning point' in the country's transformation, some members of the coalition government currently leading the country have indicated that they may challenge the law in court.

The government emphasized that the law determines 'how and on what basis expropriation can be carried out by the state.'

The new law replaces the pre-democracy Expropriation Act of 1975, which imposed an obligation on the state to pay landowners whose land it wished to acquire.

South African President Cyril Ramaphosa

'FAIR, EQUITABLE, IN THE PUBLIC INTEREST...'

According to the law, the South African state will only be able to carry out expropriation without compensation in cases where it is 'fair, equitable, and in the public interest.' This covers situations where the property is not being used, there is no intention to develop or profit from it, or it poses a risk to people.

Presidential spokesperson Vincent Magwenya stated that under the law, the state 'cannot seize properties arbitrarily or for any other purpose outside of the public interest,' adding:

'Expropriation cannot take place unless the expropriating authority has failed in its efforts to reach an agreement with the property owner.'

The signing of the law follows a five-year consultation process and the publication of findings by a presidential panel established to examine the issue.

According to BBC reports, the 'pro-business' Democratic Alliance (DA), the second-largest party in the Government of National Unity (GNU), noted that it 'strongly opposes' the law. While the party supports legislation addressing land restitution, it emphasized its opposition to the process followed by the country's parliament to pass this law.

Nelson Mandela, who led the dismantling of the Apartheid regime in South Africa, had attempted to carry out land reform throughout his presidency. Mandela implemented deep-rooted reforms regarding human rights and citizen equality; however, his efforts for reform regarding agricultural land were largely unsuccessful.

'RADICAL REACTIONS' TO THE NEW LAW

The Freedom Front Plus party, which defends the rights of the white minority and is also part of the GNU, announced that they would examine the law and do 'everything in their power' to change it if they find it unconstitutional.

One of the issues the party focused on was that the law poses a threat to private property.

Outside the coalition government, the Economic Freedom Fighters, known for their radical views on expropriation and land distribution, described this move as an 'evasive answer given by the ruling party through legislation.'

The 'Fighters' also emphasize that the law will not help solve the controversial land restitution problem in South Africa. The Economic Freedom Fighters advocate for more 'radical steps' to be taken to accelerate land reform.