MAKHADO (LOUIS TRICHARDT) – The controversy regarding land claims once again came up for discussion during an information meeting hosted by the Regional Land Claims Commission on Thursday, November 11.

The meeting was held with regard to the Songozwi-claim on farms north of town on the slopes of the Soutpansberg. This includes the farm Clouds End and several other farms along the Bluegumspoort Road. The claim was gazetted in March this year.

Representatives of the Regional Land Claims Commission gave a brief background of the claim, stating that they have decided that the Songozwi-claim is a prima facie claim. This immediately brought into question the criteria followed by the Commission with regard to the merits of the claim.

The Commission stated that they have found enough proof that the claimants were unlawfully removed from several farms in the area dating back as far as the Anglo Boer War. When asked as to what research they had done to decide this, the Commission explained that, as there is very little documentation regarding black ownership of land, they had to rely on oral accounts from the claimants. When asked by landowners why they were not allowed to take part in the Commissions investigation, it was pointed out to them that, as present landowners, they actually have very little say in the process as the claim is against the land and Government and not against the landowner. It was added that they are only affected by the outcome of the claim.

Speaking on behalf of affected landowners, Mr André Naudé from Coxwell, Steyn, Vise & Naudé again asked for good governance and accountability regarding land reform.

“The problem with the land reform process up to this stage is that the approach of the Land Claims Commissioner was absolutely biased, politically and racially driven and subjective in favour of the land claimants, ignoring the rights of farm owners and their position, as well as the demands of a sound society and a sound economy which should be stabilized in all respects,” Mr Naudé said. He added that the research by the Land Claims Commissioner’s office had been poorly done and is not up to standard, while wrong facts have been over-emphasized by the Commissioner during which the integrity of the process had been undermined.

“Unreasonable expectations, due to the wrong factual position, have been created with land claimants, which led to frustration amongst the land claimants and landowners. Unnecessary aggression had been created with farmers and landowners, with the result that none of the parties trusts the integrity of the Commissioner.

“When the farmers offered their farms for sale, funny tricks were used in order to undermine the prices of the farms, amongst others, threats of expropriation. The whole country is being bought up by the Commission without ensuring that payment can take place. The farmers are repeatedly criticized for selling their farms at too high a price and farmers had been repeatedly accused of not co-operating,” Mr Naudé said. He added that, if this was going to be the approach of the Commissioner during these sessions, they wished to state very clearly that they do not have common ground to negotiate and that the Commission should rather refer this matter to the Land Claims Court, as the above allegations are rejected as untrue. The landowners will not be intimidated by these unfounded allegations, especially where there are no merits in this land claim and or similar land claims without merits.

“These farmers regard themselves as world-class farmers who are feeding the nation and stimulating sustainable growth in the economy at internationally competitive prices, and they insist that world-class standards be applied in the restitution process, in order to avoid further frustration. These farmers will not allow the Commission to treat them as second-class citizens of the Republic of South Africa,” Mr Naudé said.

Mr Naudé concluded by saying: “If the Land Claims Commissioner’s department proceeds to handle the matter as it has been doing thus far, then we are surely heading for disaster. We commit ourselves to finding a solution in a flexible manner. Maybe there is a turn-around in the approach of the Commissioner, which we have realised during the past few weeks, for which we give him credit.” He also emphasized that integrity should be given to the process of restitution in order to ensure that the process will be accepted by all stakeholders.

Following last week’s meeting, Dr Philip Venter from the Ministers’ Forum, representing 17 church groups, reacted by saying that the church is a non-racial institution. He said the church can therefore not approve of black economic empowerment, affirmative action and land claims, as these are based on racism.

“Should land claims succeed, this will destabilize the economy which will lead to crime and crime is a sin. Once again, the church cannot approve of this,” Dr Venter said.