At SWAM our goal is to support the local church and believers in every possible way. Integral part of our vision is to interact with fellow Christians and support Church related activities in the region. Currently there are several issues among Christians in our region. Land reformation is indeed a sensitive issue and South African and Namibian churches have found themselves inevitably drawn into this burning issue. Besides the fact that churches are also landowners and may also be targeted for land reformation, they also have some important responsibilities when it gets to justice and reconciliation issues. Therefor, should this be an issue for fellow believers and the church, it should also be for SWAM.

Background to Land Reformation

A series of laws determined ownership in South Africa in the previous century, based on the concept of territorial segregation and the separation of land rights between blacks and whites. The key element in legislation, executed ever more stringently since 1948, was that although millions of black people lived in rural areas, they were not allowed legal land ownership. The reality is that in previous political orders some people groups were excluded from the privilege of owning any land in Freehold Title. In especially certain areas some people harbour grudges because they are of the opinion that the forefathers of their white compatriots forcefully removed land traditionally belonging to their forebears from them.

[ Some New Legislation regarding Land Reformation: In South Africa Section 25 (7) of the Constitution authorises the restitution process: A Person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory law or practices is entitled, to the extend provided by an Act of Parliament, either to restitution of that property or to equitable redress.

Restitution of Land Rights Act: A person shall be entitled to restitution of a right in land if: a) he or she is a person dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws or practices; or b) it is a deceased estate dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws or practices, or;c) he or she is a direct descendant of a person referred to in paragraph (a) who-1) has died descendant of a person referred to in paragraph (a); and 2) has lodged a claim for the restitution of a right in land.

In Namibia: The Agricultural Land Reformed Act indicates that ALL agricultural land must first be offered to the State to purchase.]

Land reform elicits various responses and can only be successful within a supportive framework. While to some the concept raises high hopes, there are those to whom it represents a threat. However this is still a course between two extremes - on the one hand, an unwillingness toward change, and on the other hand, an indiscriminate seizing of land. Land is also an emotional thing (inherited maybe for generations). This then makes a great political football to stir up emotions.

In countries like Zimbabwe, Namibia and South Africa the Freehold Title exists and again a very small percentage of land belong to the State (Crown land). A small number of people also own the rest (bigger) part of the land. Therefore this uneven distribution of wealth is a burning issue with the question being, how should Governments obtain and redistribute land without causing conflict to rise? Newly elected Governments put a big emphasis on political reformation and are not necessarily sensitive towards current land owners irrespective of possible economical repercussions. It is also expensive and time consuming to do the surveying and conveyanceing part thereof

Another huge difference between Zimbabwe, Namibia and South Africa comparing the rest of Africa and previous colonial countries is the amount of settlers (Europeans) in these three countries. Although most of the white farmers were forced to leave Zimbabwe there are still a huge amount of farms in Namibia and South Africa being owned by white people. Tension is also on the rise as the number of rural farm murders has risen in much of South Africa, affecting both blacks and whites. Since 1994, over 1,600 farmers have been tortured and killed by criminal elements in rural areas. This figure is augmented by another 10,000 recorded attacks on the farming population of 40,000 – making the white South African farmer the highest at-risk murder group on earth. The world average murder rate is 7 out of 100,000. For the South African farmer it is 313 out of 100,000. Security forces also generally lack the capability to prevent such activities. It is an ongoing debate whether these attacks are political motivated (to speed up the land reformation process) or is it done by common criminals motivated by financial gain. In a region where "the armed struggle" was the norm preach by politicians, one can only hope for the best.

One only needs to refer to the events in Zimbabwe to realize its conflict potential, to see how catastrophic the results of random redistribution can be for the economy and the human relations of a country. in this country the land reforms hqad been blamed for food shortages in what was once southern Africa's bread basket, with critics saying the majority of those who had benefited from the process lacked the means and skills to farm. (politicians from ZANU-PF and, journalists working for the State who get's seized farms and not necessarily the "landless")

In Zimbabwe fast track land reform, has the ugly and debilitating side effect of spurring violence, racial mongering, and the destruction of property and livelihood riddled with political favoritism. Therefor we should always keep in mind that these different emotions and thread to peace and stability could of course have serious consequences for the region as well as Christianity in general.

It is therefor essential that the churches (domestically and abroad) must be informed about the multifaceted nature of this complex problem, and must strive to offer a substantial contribution towards the solution. Local churches have a reconciliatory function, given the high conflict potential of the redistribution of land, especially where negotiations are needed in local communities. Thousands members are also effected by the redistribution of land. A church therefor also has pastoral responsibility towards those members who experience the land issue as a crisis. True Christianity also cares for those in distress. Churches often also speaks out with prophetic voices and plays the role of national ombudsman.

We do sincerely hope that these issues could be dealt with as effectively as possible and that the international Christian community would be involved in a positive and encouraging way. Clearly it is a complex and emotionally laden matter which must be handled with utmost care. Although it seems like the process is on track and under control by the Governments, one can only hope that it is indeed carried through to grassroots level and that the supporters of the process on ground is in line with the Governments. It is encouraging to see when some political leaders really try to do this in the best interest of all involved. It is even more encouraging to see that Southern African governments receive, or have received, donor support for their land law reform processes. Obviously, the overriding rationale for donor support for land reform is that it can alleviate poverty.

Jaco Jacobs
Managing Director, SWAM
Lawyer and Conveyancer, High Court of South Africa
Admitted Legal Practitioner and Conveyancer, High Court of Namibia

*****************************************

News Reports

South Africa expected to pass land expropriation measure
New Zealand Herald. Sunday, December 28, 2003
- REUTERS

JOHANNESBURG - The South African state will be able to speed up the expropriation of white-owned land under legislation President Thabo Mbeki is expected to sign this week, the land claims commissioner said yesterday.
The measure will give the agriculture minister the authority to seize and redistribute land deemed to have been stolen from blacks during the apartheid era even if the white owner refuses to sell it, cutting short the present slow claims procedure.
Chief Land Claims Commissioner Tozi Gwanya said the amendment to the 1994 Restitution Act, passed by parliament earlier this year, would speed up land reform where arbitration had come to a dead end.

The law has alarmed many white farmers who fear it may trigger a crisis like that in neighbouring Zimbabwe, and are angry at what they see as a lack of action against those who have murdered hundreds of white farmers in the past decade.

SA set to seize more farms 09/10/2006 15:23 - (SA)

Johannesburg - The government is set to seize two more white-owned farms - one of them run by a church - to fast-track land reform to rectify apartheid-era imbalances, a top land official said on Monday. "The minister of lands has signed the notices of expropriation and they have been sent. "The owners have 30 days to respond, following which we will begin expropriation procedures," chief land claims commissioner Tozi Gwanya told AFP. Gwanya said one farm was located near the mining town of Cullinan, where the world's biggest diamond was found, and the other in the Northern Cape. "The claimants to the Cullinan farm are two local families while the local Pniel community are staking claim to the Northern Cape farm which is owned by the Evangelical Lutheran Church of South Africa," he said.

Grondhervorming het ’n kruitvat geword.13/01/2007 19:10 - Rapport (SA)
Grondeise nou kookpot
WILLEM PELSER en DAWIE VAN HEERDEN Bykomende beriggewing deur Heindrich Wyngaard en Hennie Duvenhage.

Frustrasie met die stadige en dikwels onbeholpe proses het plofpunt bereik nadat grondbesetters die afgelope week ’n plaasbestuurder by ’n vergadering in Eshowe met knopkieries doodgeslaan het. Gemoedere loop hoog onder boere landwyd, maar veral in KwaZulu-Natal.

“Wie kan bepaal tot waar frustrasies mense kan dwing?” vra mnr. Koos Marais, veiligheidshoof van die KwaZulu-Natalse Landbou-unie. “Politici maak beloftes aan grondeisers en grondeienaars wat nie nagekom kan word nie. Ná meer as tien jaar is daar min vordering.”

Aan die linkerkant van die spektrum word die eise en die woorde-oorlog al hoe feller. Cosatu se Kaapse provinsiale sekretaris, mnr. Tony Ehrenreich, het in ’n bespreking oor verdraagsaamheid by die Suidoosterfees in die Kaap gesê ryk wit mense wat nie bereid is om van hul grond afstand te doen om arm swart mense ’n kans op ’n beter lewe te gee nie, moet hul goed vat en loop. Daar is nie plek vir hulle in Suid-Afrika nie.

Die gebeure op die plaas New Ventures by Eshowe, waar mnr. Ken Eva (54) Dinsdag vermoor is, word as ’n ysingwekkende waarskuwing bestempel van wat kan gebeur as grondhervorming nie vinnig en bekwaam afgehandel word nie. Die spanning op die plaas loop lankal hoog. Die besetters se grondeis is al in 1998 ingedien, maar eers sewe jaar later, in 2005, verwerp. Teen daardie tyd was daar geen keer meer aan hul frustrasies en woede nie en verhoudinge was onherstelbaar vernietig.

Die regering se grondhervormingsproses is in beginsel goed, sê Marais, “maar ons twyfel oor die owerhede se kennis en vermoë om die proses suksesvol deur te voer. ’n Mens kan die frustrasies van grondeisers verstaan wat nou al lank wag.” En dit lei tot rassewrywing.

Mnr. Herman de Wet, ’n boer van KwaZulu-Natal, sê KwaZulu-Natal is ’n smeulende rassekookpot wat boere se lewe in gevaar stel. Die tyd loop uit, waarsku me. Annelize Crosby, direkteur van bestuurs- en regsdienste by Agri SA. Almal gaan wrange vrugte pluk as grondhervorming skeefloop. Ook prof. Willie Esterhuyse, afgetrede hoogleraar van Stellenbosch wat die laaste paar jaar sterk bande met die landbousektor opgebou het, waarsku:

“Die see van welwillendheid wat die laaste jare tussen die boere en die regering opgebou is, kan in ’n tsoenami verander wat groot skade aan die mense en ekonomie van die land kan aanrig.” Intussen is verhoudinge aan die versuur met me. Lulu Xingwana, wat verlede jaar aangestel is as minister van landbou en grondsake. Die presidente van Agri SA en TLU SA, mnre. Lourie Bosman en Paul van der Walt, het reeds laat blyk dat hulle nie meer ten gunste van gesprekvoering met haar is nie. Sy het haar die gramskap van boere op die hals gehaal met haar onlangse publisiteitsveldtog teen die onwettige uitsetting van plaasarbeiders.

By navraag het Xingwana se woordvoerder gesê die minister is bekommerd oor enige sterftes op plase, ongeag of dit “plaasbewoners, eienaars of bestuurders” is. Oor klagtes dat amptenare se onbeholpenheid tot die plofbare situasie bydra, het die woordvoerder gesê: “Die minister is alte bewus van die groot taak om 30% van alle landbougrond teen 2014 te herverdeel; dit is waarom projek Gijima begin is om die proses te versnel.”