Land Redistribution in South Africa: a critical review Presentation to the World Bank Conference on Land and Poverty, Washington D.C. 24th March 2015 Dr Edward Lahiff, University College Cork Overview of Presentation Background Broad assessment to date Key policy questions Critical issues – land acquisition, beneficiary targeting, models of land use, post-settlement support Recent policy developments Conclusions South Africa at a Glance General: • Population: 52 million (2011) • Area: 1 .22 million KM2 • Capital: Pretoria (admin) • Official languages: 11 Economy: • GDP growth rate: 3.1% • GDP size: 25th in the world • Unemployment: 25.2% • GDP structure: agri. 2.5%, industry 31.6%, services 65.9% • Major trading partners: China, US, Japan, Germany, etc. Population structure (2011): • African (79.2%), White (8.9%), Colored (8.9%), Indian/Asian (2.5%) Problem Statement History of violent dispossession and exploitation – in 1994, minority white population controlled approx. 87% of agricultural land Enduring dualism in agrarian structure Widespread rural unemployment, poverty and inequality High entry costs to commercial agriculture Lack of obvious pathways between the smallholder and large-scale commercial sectors Need for broader access to land, but also to markets, capital and expertise Policy Framework Constitution 1996 Legislation (various Acts) Policy statements – e.g. White Paper 1997, Green Paper 2011 Three sub-programmes: Land Restitution – land claims, limited land restoration Land Redistribution – discretionary grants Tenure Reform – farmer workers/dwellers, communal areas Policy Position The 1997 White Paper: “[T]he purpose of the land redistribution program is to provide the poor with access to land for residential and productive uses, in order to improve their income and quality of life. The program aims to assist the poor, labor tenants, farm workers, women, as well as emergent farmers. Redistributive land reform will be largely based on willing-buyer willing-seller arrangements. Government will assist in the purchase of land, but will in general not be the buyer or owner” (Department of Land Affairs, 1997). Willing Seller, Willing Buyer • The 1996 Constitution guaranteed the rights of existing owners, but also granted specific rights of redress to victims of past dispossession and set the legal basis for a potentially far-reaching land reform program. • The Constitution allows for expropriation of property for a public purpose or in the public interest, subject to just and equitable compensation. • The defining feature of policy to date: reliance on voluntary purchase of land at market prices, a policy widely referred to as ‘willing seller-willing buyer’. • Such an approach was not dictated by the Constitution but can be seen as a policy choice in line with emerging international trends. Broad assessment Approximately 7.3 million hectares reportedly transferred to date (over 8% of total white-owned agricultural land in 1994) 4.2 Mha via redistribution 3.1 Mha via restitution Number of beneficiaries is less clear – potentially millions, but widespread drop-out Reports of collapse of production and employment on much transferred land; little evidence of material benefits to many intended beneficiaries Areas of success: some independent production (inc. subsistence); some commercial partnerships in forestry, minerals, sugarcane, sub-tropical fruit and nuts, ecotourism, wine etc. Gradual evolution (and expansion) of support services, including credit, mentoring, advice Key (unresolved) Questions for Land and Agrarian Reform in South Africa What is the envisaged agrarian structure – mix of small, medium and large enterprises? Who are the intended beneficiaries - specifically? Which land is to be prioritised – by quality, location, affordability, beneficiary demand, supplier willingness to sell? What degree of coercion/choice for landowners, and level of compensation? How to extend post-settlement support to all land reform participants (and other historically disadvantaged farmers)? What new land rights for beneficiaries? How to deal with special categories– farm workers, labour tenants, farmers on communal lands etc.? What to do when land reform projects fail? Critical issues 1: Land acquisition Broadly consensual: willing sellers, with minimal expropriation or threat But this imposes major limitations: most restitution claimants have not opted for land, many other would-be beneficiaries struggle to find land that meets their needs Switch to proactive land acquisition strategy (PLAS) means a greater role for the state, but has not necessarily led to more land being offered for sale; no evidence that PLAS is meeting identified needs (i.e. is demand rather than supply led) Questions remain about the quality of land being acquired, and prices paid Commercial farming lobby strongly opposed to land reform, and barely challenged up to 2014 Proposed restrictions – land ceilings, foreign ownership – are unlikely to contribute much additional land Critical issues 2: Beneficiary targeting Broad aims of inclusion, but not linked to concrete strategies Early setbacks (e.g. large groups under SLAG) led to smaller groups, with higher entry requirements: LRAD, and now State Land Lease and Disposal Policy Little data available on gender profile, income, background But appears to favour males with accumulated capital and ability to navigate state agencies, banks etc. Many are already active in other economic sectors – urban professionals, small businesses, etc. Key constituencies that appear to have been overlooked are farm workers (past and present), the unemployed, young people, and small-scale farmers in the communal areas Critical issues 3: Land Use Land use is determined largely by business plans imposed on beneficiaries: whole-farm plans with a strong commercial orientation and continuity with previous owners Stronger commercial emphasis under State Land Lease and Disposal Policy (‘medium and large scale commercial farmers’) Little evidence of input from beneficiaries or adaption to their needs and past experience (unless they happen to be very commercially oriented) Little or no integration with communal area activities Most critical is the failure to subdivide farms, or provide for a diversity of activities suited to people with low income and limited commercial experience. General refusal to allow settlement on lands and noncommercial activities Critical issues 4: support services Land reform beneficiaries in all categories report a lack of appropriate support services, long delays, and poor coordination between agencies Since 2009, the Government has adopted a two-pronged response institutional reforms, e.g. a new Department specifically responsible for rural development and land reform issues; and new strategy development, actively prioritizing rural development and land reform initiatives in all major economic development strategies. Evidence of considerable improvement in recent years –CASP (2004), LARP (2008) and CRDP (2009), and especially RADP (Recapitalisation and Development Programme, also RECAP) from 2010-11. To March 2014, RADP reached 1,459 farms and 1.4 Mha; total cost of R3.2b – now appears to be reaching majority of new redistribution beneficiaries (but few restitution cases). Many older projects remain inactive and without effective intervention or support Rise in private mentors, strategic partners etc (over 600 to date). Many have been very problematic –short-term profit taking, failure to take risks, lack of investment, little or no profit-sharing or other benefits, but other appear to be working. New Policy Directions Reopening of restitution claims since 2014: likely to be expensive and disruptive of wider land reform efforts 20% land sharing: seemed to enjoy broad consensus as part of the National Development Plan 50:50 proposals for commercial farms – highly problematic, appears unrelated to prior land reform experience (and objectives) Land ceilings: unlikely to release significant areas of quality land Curbs on foreign ownership: of little relevance to land reform, but potentially disruptive in the wider economy Conclusions 1 Slow progress to date, limited achievements Lots of potential learning, but lessons haven’t translated sufficiently into policy improvements Ongoing political uncertainty and conflicting messages Challenge of entry into commercial agriculture have been widely underestimated Need to allow beneficiaries to design and implement their own projects Continued lack of a comprehensive vision of the kind of agrarian restructuring that is desired, the means by which it is to be carried out and the intended beneficiaries Over-concentration on questions of land ownership, with insufficient attention to models of land use Support services still not sufficient, or adequately integrated with land reform and local government services for all beneficiaries Top priorities now are Identification of most suitable land to meet proven demand, to be acquired through a mix of market and expropriation A variety of land use options ranging from subsistence to commercial, with scope for graduation - subdivision of farms must be central to this Support services must be expanded further, closely integrated with land redistribution itself and with provincial and local government services. Special measures needed to include (and support) a wider variety of beneficiaries – women, youth, unemployed Resettlement (i.e. housing) on farms must be an option Need for major investment in social services and infrastructure in resettlement areas Thank you