Cape Town - The debate around land expropriation without compensation is a human rights issue that should take into consideration the rights of those seeking land and those who stand to lose it.
This is according to former public protector Thuli Madonsela, who addressed an event at the Stellenbosch University’s Business School ahead of Human Rights Day, on March 21.
Madonsela, now the chair of social justice at the university’s law faculty, discussed different ways that business could help make an impact on advancing human rights issues.
Speaking to Independent Media, Madonsela explained the current processes under way, to amend the constitution to allow for expropriation of land without compensation, have to be handled in a manner that does not infringe on the rights of all relevant parties.
Parliament’s constitutional re- view committee has five months before it can present the National Assembly with proposals on how to make it possible.
“Access to land is a human rights issue; the right to property includes the right to have meaningful ways to acquire property. It is also a human rights issue for those who are holding on to the land and those who want it because it was historically taken from their ancestors,” she said.
“So you are managing two rights and you have to make sure it is done in a humane way, because not only do we have to comply with the constitution, but we have to comply with the African charter on human rights.
"It is also an emotional issue. A lot of wars have been fought over land," Madonsela said.
“We will have to handle this land question, along with other transformation questions, in a manner that does not undermine peace in our nation
"It is going to be important, where possible, (that) we even bring in mediation, so that there is a parting with land willingly, but with an understanding, for those who are losing the land.
"If they feel (as though) all that is happening in this deal is that they are losing, they will find another way to compensate, so they become a threat to this country and to democracy.
“It is going to be an intricate balance between those who are afraid of losing their land rights and those who expect to get land There are so many people in South Africa, about 57 million. Those who will be expecting to get land will probably be more than 20 million. The reality is there is not enough land and an expectation has been created that the way out of poverty is through land.”
The fears of land owners also needed to be managed, she said.
Complaints were made to the former public protector about land expropriated for a dam or roads without compensation.
“For those who are historically advantaged as well, we have complexity,” she warned. Some of the land stolen from black people many years ago has been transferred many times.
“So today the people who own the land are not the beneficiaries of the illicit gift. It is going to be a very complex issue.”
Madonsela said other challenges to human rights in the country’s current political climate were around corruption.
Some people feel they were exactly where they were in apartheid. “One of the essential human rights is being free to flourish to your full potential and a lot of our people are trapped in perpetual poverty,” she said.
“Corruption is also a threat to human rights, it undermines the right to equality It perverts policy, we prioritise things we shouldn’t but it also just literally steals money,” Madonsela concluded.