The new land reform provisions contained in the Regulation of Agricultural Land Holdings Bill render the Bill unconstitutional and make it an exercise in redistribution rather than restitution as required by the Constitution, says the Free Market Foundation (FMF). In a statement yesterday, recorded on the Fin24 site, the Foundation said the Bill demonstrates government’s refusal to consider far more appropriate and effective measures to achieve land reform.

This is the basis on the FMF’s submission to the Department of Rural Development and Land. ‘The Bill discriminates unfairly against non-South Africans by disallowing them ownership of agricultural property. This violates section 25(1) of the Constitution, which provides that anyone, foreigners included, may own property,’ says FMF legal researcher Martin van Staden. ‘The language of the Bill of Rights differentiates in various sections between 'citizens' and 'anybody', meaning a different application was intended. In the case of the property rights provision, 'nobody' may be deprived of property except in the delineated circumstances,’ he adds.

Full Fin24 report

Free Market Foundation submission