‘How the administrations of President Cyril Ramaphosa and those who will follow him tackle the question of land remains a deeper and long-term fundamental risk to future investment, says the CEO of Business Leadership SA, Busisiwe Mavuso. She says removing the courts as the final arbiter in the decision-making process – as proposed by the ANC – would be ‘a dangerous move’.

‘Even more so given that the ANC’s solution is to give that power to the Cabinet,’ she adds.

‘In determining whether a property is or is not expropriated without compensation, placing that decision in the hands of a Minister of Land Reform or a ‘‘land tsar’’ exposes it to political manipulation.’

In her analysis on the Mail & Guardian Online site, Mavuso says addressing an issue as sensitive as land is not a party matter; ‘it’s a matter of national importance and the laws of our land should take precedence. That is particularly the case as there is potential to unlock growth opportunities by following a well-considered and executed programme.’

Growth, she says, can be unlocked by releasing arable land into the hands of previously disadvantaged farmers and undoing the apartheid spatial planning model. Mavuso believes that acquisitions of land should take place within the law and follow a fair administrative procedure.

‘Any disputes that arise should be settled in our courts and no one should be evicted without due process. The removal of courts from this process will likely mean that the protection of property rights in the country will diminish.’

Noting that the debate about land expropriation still has to go through parliamentary processes and that the ANC has every right to express its views, Mavuso says the President needs to be clear about policy issues that affect the economy and investment in the country.

This is especially so ahead of a possible ratings downgrade by Moody’s in March and with an economy predicted to grow less than 1% this year.

Full analysis on the Mail & Guardian Online site