Albie Sachs calls for more inclusivity on land

TALI FEINBERG

Indeed it is being confronted head-on, with Parliament’s joint constitutional review committee formally resolving last Thursday to recommend the amendment of section 25 of the constitution to allow for expropriation of land without compensation.

This means that the first “hurdle” to expropriation without compensation has officially been passed. “That decision will provide the electioneering ticket for political parties ahead of the 2019 poll. But an actual constitutional amendment will emerge only well after the 2019 elections,” writes Marianne Merten in the Daily Maverick.

Although Sachs was one of the writers of South Africa’s progressive Constitution, he has always been open to the fact that “the Constitution should be a document that in a principled and comprehensive way recognised the need to correct the systemic and continuing injustices of the past”. He said this last year in a lecture presented on the centenary of Oliver Tambo’s birth.

“This meant that it should not entrench any specific economic model nor be used as a mechanism for freezing the status quo. Rather, the Constitution should leave it to the democratically elected Parliament to find the best way to achieve substantive equality for the formerly oppressed people in their daily lives,” he continued.

Speaking to the SA Jewish Report, Sachs confirmed he still stands by this statement. For Sachs, “the process has  been put on the table in a manner that is inclusive and thoughtful, where the objective is to deal finally with a huge historical injustice that has led to other historical injustices.

“Second, it’s being done in a manner in which everybody participates, bringing the nation together to find a solution, and third, in a manner that aims to ensure that in achieving that solution, food production is maintained, the economy isn’t hindered, and a new class of highly productive African family farmers and entrepreneurs emerges,” he says.

To his mind, the challenge will be to pass on the skills, financial support, and know-how to enhance the economy. In this regard, agribusiness has a big role to play.

Sachs says most of the physical farming in this country is done by black people, but now more knowledge should be added to that skills set. “This is not to destroy that knowledge, but to share it – then everyone benefits.”

In addition, he says many companies are finding land that they are not using. “This could be utilised, because the biggest pressure is for affordable housing in urban areas, so that people can be close to their places of work.”

Sachs knows of farms where black people have lived for generations, where their forebears are buried, and where they have a direct and strong connection to the soil. “I could see a solution where they get a growing equity share in land they’ve worked, while the existing farm owner stays on in the farmhouse, imparting skills, developing a shared ownership where both sides have an interest in the productivity of the farm.

“The most important thing is that everybody is involved in a solution, and it is done according to the law in a transparent and public way. It could give a huge lift-off to the country. It is very clear that those leading the process want to avoid land grabs like happened in Zimbabwe. That is not on the agenda at all, it is not what South Africans want. We have learnt what happens when something is not inclusive and benefits a few people with strong state connections,” he says.

Sachs recalls working with Cyril Ramaphosa as the country made the transition to democracy. “I found him to be absolutely outstanding in his vision, style, and thoughtfulness. He encourages people to challenge him, and he is a strong consensus seeker. He has a broad vision, including everyone in discussing and preparing for the future,” he says.

He  believes that that the future is bright, and that South Africa could well be on the verge of new breakthroughs, in spite of the fear many are feeling: “How many people in the world felt that we could move from the racist oppression of apartheid to an open, democratic society based on equal rights for all? Yet, we South Africans did it. We spoke to each other. People will find that the open invitation now to participate and make a contribution is very rewarding.”