House Chair, the ACDP appreciates that the land issue is a very sensitive and potentially divisive issue given the history of land dispossession in the country particularly following the Land Act of 1913 and the subsequent legislations. While we believe that justice must be done we also strongly believe in reconciliation and nation building. Biblical justice can be achieved through a process of restitution, and in our view, with compensation. It is for this reason that we support land reform and restitution of land in an orderly and lawful manner.
We appreciate the work that the ad hoc committee in the Fifth Parliament did obtaining expert advice of this issue. It is apparent from this report that experts consulted have advised great caution in this process given that Parliament, for the first time, will be considering amending a clause in the Bill of Rights.
The ANC veteran Mr Valli Moosa cautioned that in amending section 25 the committee must take care not to disposes those who have been dispossessed in the past. We need to be mindful of that. Also, is the significant opinion of the leading constitutional lawyer Advocate Trengrove who said he does not believe that the Constitution require an amendment as a matter of law. And the ACDP agrees.
It is equally important to bear in mind that the Human Rights Commission, who are the guardians of the Constitution, stated in no unequal terms that they are not in favour of an amendment to section 25. Former Constitutional Court judge, Albie Sachs, pointed out that provided for expropriation without compensation in the Constitution will be insufficient to address the failures of land reforms. He referred to the Motlanthe High Level Panel report and the failure to implement its recommendations during public hearings of the Motlanthe High Level Panel which took place over two years. Many spoke scathingly about the role of state officials and politicians in land reforms describing them as vultures who steal the little people have left after decades of oppression and forced removals. How will this be prevented, Deputy President?
The ANC has repeatedly claimed that expropriation with compensation will return the land to the people however the Institute of Race Relations pointed out that this is fundamentally misleading. Land expropriated without compensation will be owned by the state and neither by the individual black South Africans nor will it be transferred to them thereafter. Land acquired will be held by the state as a patronage tool and used to deepen the dependency on and by the ruling party. This is the fraud at the heart of expropriation without compensation.
The ACDP remains committed to find solutions. We cannot support this motion. I thank you.