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Bathlakoane.ba.Manzimnyama Clan supports the Expropriation Bill to address historical land dispossession in South Africa. They request extensive powers for expropriation and propose compensation categories based on the nature of dispossession.
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BATHLAKOANE BA MANZIMNYAMA SUBMISSION TO PARLIAMENT EXPROPRIATION BILL [B4-2015]
BACKGROUND • Bathlakoane ba Manzimnyama is a clan that lost its land and live stock in the Emalahleni area (Mpumalanga), this happened through systemic reduction of our grandfather’s land until the clan was pushed out the land completely. • BBM also participated in the re-opening of land claim process through parliament, and we have a formally lodged and accepted land claim. • We would like to thank Parliament and the relevant portfolio committees for allowing us to be part of its processes.
OUR POSITION • Our position is and has always been that the budget for the restitution of land rights and expropriation of property is not enough and will never be enough, the loss of land and property by the dispossessed communities took place over three centuries and the extent of the loss was massive and no budget could ever restore the loss. • The expropriation Bill seeks to address this loss at the most possible and cost effective way. • We therefore support the use of expropriation as a legal method to assist the land reform process.
OUR REQUEST • Our request is that this Bill (given our history of dispossession in this country) be given very extensive powers to expropriate land and property from private land owners, at public interest. • Our Proposal is that when expropriation takes place compensation be categorized as follows, depending on the nature of dispossession: • Fair Market Value • Nominal Value • Without compensation
FAIR MARKET VALUE • In many instances the manner of acquisition has been covered over time and validated by title deeds. • The most popular manner of acquisition was the forced removals. • The other one was the systematic reduction of grazing land and the limitation of stock growth (this is what happened to us, however this is still happening in 2015! in a recent newspaper article a mining giant told MrSprinkaanMasango that he has too many cows and has to restrict his cows to 14 and 10 goats the rest be impounded). • There are also cases heared of of beneficiaries walking the land and placing pegs where ever their wished. • In these cases we think the fair market value principle can apply, because it might be difficult to prove the manner of acquisition, land ownership has been passed from generation to generation
NOMINAL VALUE • In order to solve the “Poor White Problem”, masses of white residents in the early 1920s were employed in the Post Office, Rail Ways, Steel Industry etc and received free housing and subsidized services, just before 1994 these parastals sold these houses to these beneficiaries at nominal values, with the influx of township residents to surburbs these houses were sold at values many times higher than their actual values – in these cases I think nothing can be done as the properties might have exchanged hands many times. • However there are individuals and NGOs that supported different causes before 1994 who acquired land for those causes, but now the land is used for recreation and resorts and there is profit derived from these activities, this is undue benefit. • There are also regular reports of discrimination still practiced in these areas. • This land/property must go back to the hands of the state and new applications be made and open to all members of the public or interested and affected parties • In these cases we think that nominal value be applied to these properties/land and only compensation be paid for improvements made to the land/ property.
WITHOUT COMPENSATION • There are land owners who deliberately neglect their land for various malicious ends: • There are cases were land is neglected by land owners (farmers) to induce land invasion, so that once the informal settlement grows government will be compelled to purchase the land. • There are instances were mining companies neglect the land because it is no longer minable or profitable. • In these cases the State must expropriate without compensation.
CONCLUSION The White Economic Empowerment that took place over 3 centuries is seldom spoken about, we believe that the land reform process and expropriation for this process will pave a way for the true economic emancipation of the previously dispossessed masses.
