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Kwanalu

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18 Dec 2018
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Comment from CEO of Kwanalu, Sandy La Marque, regarding the latest developments in the Expropriation Bill

Kwanalu stands firm that the property clause is not an obstacle or impediment to land reform and that no changes need to be made to Section 25 of the Constitution in order to achieve just and equitable land redistribution.

In 2008, the Expropriation Bill was published and since then has remained outstanding. The publishing of the Expropriation Bill 2018 this week now brings some clarity to expropriation.  Amongst other it sets out the types of land that could be expropriated without compensation, however there are a number of other points which must still be clarified. During the consultation period we will remain fully involved and ensure our points are made.

Most concerning for KwaZulu-Natal is a clause which has been included in the bill which makes provision for Expropriation Without Compensation for a category of Labour Tenants.  Provision is already made in legislation for Labour Tenants which clearly spells out who a legitimate labour tenant may be. However, because of Government’s failure to process Labour Tenant claims lodged more than 20 years ago, this failure now provides a golden ticket to land without compensating the land owner.

Kwanalu is extremely concerned about the provision in the expropriation bill made for Labour Tenants. It is fact that a vast number of persons residing on private property are illegal occupiers/ dwellers and have no legal standing.

We view this provision as highly prejudicial to land owners in KZN.

KZN has already experienced widescale restitution, redistribution and labour tenant settlement, what is most concerning that 1000’s of hectares already transferred now lay vacant and unproductive.

Kwanalu opposes this provision and demands that labour tenants must be handled as prescribed by the Labour Tenant act. Government must implement the legislation as provided and not interfere with the legal rights of landowners.

Kwanalu will remain proactive whilst dealing with these matters.