Land Bill not thought through - Agri SA

Published Mar 23, 2017

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Johannesburg

- Agri SA says the Agricultural Landholdings Bill has not been well thought

through.

In a

statement issued on Thursday, the association said land ceilings will have very

many negative effects.

Government

recently proposed Government has proposed a new law banning foreigners

from directly buying agricultural land in South Africa.

Concerns have been raised that this may harm investor

sentiment.

Non-residents will be allowed to take long leases on the

properties, or the land should be majority-owned by a black South African,

according to the Regulation of Agricultural Land Holdings Bill, published in

the Government Gazette last Friday.

Foreigners considering selling land must give the

Minister of Rural Development and Land Reform first option on the property,

according to the bill, Bloomberg reported at the time.

The government would have 90 days to take up the offer,

after which it can be sold to a citizen.

Read also:  Ban on direct land-ownership by foreigners

The minister will also impose limits on the size of farms

that people can own, depending on the region and following consultation,

according to the document, the wire service reported.

On Thursday, Agri SA said the Bill, published on March

17, only allows 30 days for comment, and it will seek an extension.

The association notes, “ever since 2011, the concept of land ceilings

has been hotly debated”. It adds numerous studies have found this concept to be

ill founded.

Ernest

Pringle, chairman of Agri SA’s Policy Committee on Agricultural Development, says

that international experience with ceilings demonstrated that land ceilings had

very many negative impacts, including:

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The

fragmentation of agricultural land;

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Affecting

productivity adversely;

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That

it has contributed towards agricultural being a low-profit venture in several

parts of the world;

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Neutral

or negative effects on poverty;

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Unsatisfied

levels of equity and efficiency; 

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That

it had to large extent; failed to change agrarian structures- large

inequalities continue to exist;

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A

negative impact on functional land rental markets;

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It

has proved costly and difficult to administrate;

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It

has been characterised by circumvention, contestation, corruption and

litigation;

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It

led to tenure insecurity; and

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It

discouraged land-related investment.

Pringle adds

that the proposed system would be costly, and that the huge administration cost

would outweigh any potential benefits government is punting.

“Also,

the proposed scheme will make planning extremely difficult if bits and pieces

of agricultural land were to be excised from farms all over the place. 

This would likely leave farmers and beneficiaries with uneconomical units.

“Provision

of services to far-flung beneficiaries will also be a huge challenge. This

policy would deliver fragmented pieces of land spread across the furthest

reaches of a district. Small parcels may end up being ‘sliced-off’ larger landholdings

with little or no access to natural resources, infrastructure or services,” it

argues.

Agri SA

is of the view that the Bill also faces constitutional challenges and is in the

process of getting senior counsel opinion on that, says Pringle.

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