On Wednesday, the Special Investigating Unit (SIU) tabled a damning report on corruption and incompetence, leading to irregular land restitution, to the Portfolio Committee on Land Reform and Rural Development.
The report shows that it is not the “willing buyer, willing seller” principle that is undermining restitution, but the Department itself.
Investigations were conducted in terms of five proclamations from 2011 to 2017. In summary, contracts and/or administrative decisions amounting to more than R654 million were set aside or declared invalid, resulting in 611 referrals to the National Prosecuting Authority (NPA).
Cash and/or assets worth more than R306 million have been recovered; a further R250 million could potentially also be recovered.
The SIU, furthermore, identifies six critical factors that lead to systemic corruption. These are: dishonest officials, poor record-keeping, inefficient systems, lack of control, oversight and management, lack of verification processes, and unscrupulous lawyers.
The only factor not within the Department of Land Reform and Rural Development’s control is unscrupulous lawyers.
During the committee meeting, the Freedom Front Plus (VF Plus) pointed out that these factors clearly undermine any hope of successful land restitution.
The usual scapegoats, such as established role players in the agricultural sector, who are often scorned, are obviously not the problem.
The land issue is a political matter that evokes strong emotions. At present, the MK Party is attempting to push back the cut-off date for land restitution claims from 1913 to 1652.
Regardless of one’s view of history, it is clear that the Department cannot be trusted with any sort of restitution process.
The land issue in South Africa can only be resolved if the relevant Department possesses the necessary capacity; if food security is not compromised; and if the status of Afrikaners and other indigenous minorities who are not fully recognised is acknowledged and integrated into a fair land settlement.
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