Published: 11/07/2018
"Agbiz input with regard to land reform so far was primarily viewed from a commercial perspective, thus the creation of successful and viable new entrants. This is only one part of the story. The restoration of dignity is also key to the debate, but how does one do this practically?" Theo Boshoff, Agbiz head of Legal Intelligence discussed the current policy environment for land reform and the relevant legislation at the 2018 Agbiz Congress and said that Agbiz is closely involved in many land reform forums.
"Agbiz input with regard to land reform so far was primarily viewed from a commercial perspective, thus the creation of successful and viable new entrants. This is only one part of the story. The restoration of dignity is key to the debate, but how does one do this practically?" Theo Boshoff, Agbiz head of Legal Intelligence discussed the current policy environment for land reform and the relevant legislation at the 2018 Agbiz Congress and said that Agbiz is closely involved in many land reform forums.
Agbiz’s view is that conditional ownership is the best method to restore dignity. "Property rights must be the focus as it is not only about money or assets. Land reform is also about self-determination, economic freedom and pride," he said.
According to Boshoff the uncertainty about land reform policy may create opportunities for agriculture and agribusinesses to craft their own transformation actions. "There may be no amendment to the Constitution. It is, however, very clear that change must come soon. The pressure is not merely political. There are legitimate expectations that have gone unfulfilled for a very long time. The land reform policy space is pried wide open and there may be opportunities for agribusinesses to drive their own transformation agendas."
Boshoff pointed out that partnerships such as BBBEE deals have two distinct advantages over a passive approach whereby one waits for government to set the policy environment. It will enable participants to negotiate the terms of the deals and they will be able to choose their own partners.
Boshoff discussed Agbiz's alternative to land reform. Among others, it contains the following elements:
Evidence-based decision-making
"In the short term we need experts from the state and private sector to thrash out the land audit and arrive at figures that are agreed upon. In the medium term the Deed's Office must be moved to a digital platform and the overlay with water and mining rights, for example, must be rectified," Boshoff said.
He also said that there are glaring deficiencies in the legislative framework that must receive attention, especially in relation to the criteria for land redistribution, communal land tenure and institutional arrangements where interested parties can access recourse without excessive legal fees. The most prominent contribution that the agribusiness sector can make is to incorporate land beneficiaries into the formal economy.