Manyi's proposed constitutional amendment just a diversion – actual threat is upcoming Equitable Access to Land Bill

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The controversial MK MP, Mzwanele Manyi, is currently drawing significant attention with his proposed amendment to the Constitution.

If enacted, it would remove all references to compensation for expropriation of land and other natural resources. All land would be held by government as custodian, with traditional and Khoi-San leaders involved in allocating it. In addition, the cut-off date for land claims would be pushed back to 6 April 1652, instead of 1913.    

This amendment, tabled to the National Assembly (NA) on 29 September, has no chance of securing the two-thirds majority needed to be passed. It is, however, simply a ploy to divert attention away from the Bill currently being drafted by the Department of Land Reform and Rural Development, namely the Draft Equitable Access to Land Bill.

The Department has briefed the relevant parliamentary Portfolio Committee on its progress with the Bill twice this year already, with the next progress report scheduled for 19 November.

According to the Department, the Bill's main objective is to align land ownership with the country’s demographics much quicker than is possible under current legislation. It is presented as the next building block after the Expropriation Act, which provides for nil compensation.

If passed as law, government would determine a “fair” farm size in each district municipality. Land ownership exceeding that size would be declared “excessive” and subject to expropriation – even at nil compensation.  

The Bill has not yet been tabled to Cabinet and has, therefore, not been published. Consequently, it is not possible to officially object to it yet.  

In light of Manyi’s populist constitutional amendment, the Equitable Access to Land Bill could possibly be presented as a golden mean. It will, however, have the same disastrous consequences.  

This is not just about issues such as food security, investments and property rights; its main aim is redistributing land as a symbolic, more than an economic, act. It is about putting minorities who fulfil an economic role disproportionate to their numbers “in their place” – both economically and symbolically.  

Against this backdrop, Manyi’s proposed constitutional amendment is merely a ploy to divert attention from the actual threat.

The Freedom Front Plus (VF Plus) will, however, not be caught off guard, but will fight this type of legislation in Parliament and Cabinet.

The controversial MK MP, Mzwanele Manyi, is currently drawing significant attention with his proposed amendment to the Constitution.

If enacted, it would remove all references to compensation for expropriation of land and other natural resources. All land would be held by government as custodian, with traditional and Khoi-San leaders involved in allocating it. In addition, the cut-off date for land claims would be pushed back to 6 April 1652, instead of 1913.    

This amendment, tabled to the National Assembly (NA) on 29 September, has no chance of securing the two-thirds majority needed to be passed. It is, however, simply a ploy to divert attention away from the Bill currently being drafted by the Department of Land Reform and Rural Development, namely the Draft Equitable Access to Land Bill.

The Department has briefed the relevant parliamentary Portfolio Committee on its progress with the Bill twice this year already, with the next progress report scheduled for 19 November.

According to the Department, the Bill's main objective is to align land ownership with the country’s demographics much quicker than is possible under current legislation. It is presented as the next building block after the Expropriation Act, which provides for nil compensation.

If passed as law, government would determine a “fair” farm size in each district municipality. Land ownership exceeding that size would be declared “excessive” and subject to expropriation – even at nil compensation.  

The Bill has not yet been tabled to Cabinet and has, therefore, not been published. Consequently, it is not possible to officially object to it yet.  

In light of Manyi’s populist constitutional amendment, the Equitable Access to Land Bill could possibly be presented as a golden mean. It will, however, have the same disastrous consequences.  

This is not just about issues such as food security, investments and property rights; its main aim is redistributing land as a symbolic, more than an economic, act. It is about putting minorities who fulfil an economic role disproportionate to their numbers “in their place” – both economically and symbolically.  

Against this backdrop, Manyi’s proposed constitutional amendment is merely a ploy to divert attention from the actual threat.

The Freedom Front Plus (VF Plus) will, however, not be caught off guard, but will fight this type of legislation in Parliament and Cabinet.