S.Africa: Major Farming Union opposes Constitutional changes for Land Seizure

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The following recent Media Release put out by the Transvaal Agricultural Union (South Africa) certainly makes very sobering reading, and illustrates why the situation in the “new” South Africa is now so dire :-

TLU SA Northern Region’s Proposal to Parliament of the Republic of South Africa on the amendment of Section 25 of the Constitution of the Republic of South Africa

Introduction

TLU SA is the oldest agricultural union in South Africa and represents mainly commercial farmers since 1897, although the union has also small and upcoming farmers as members.

TLU SA’s vision for South Africa is that wealth is created by economic growth, and that can only be reached in a free market environment in which international investors want to invest and where there is no uncertainty regarding government policies.

Therefore:

• Whereas international law does not recognise the concept of expropriation without compensation; and
• Whereas the concept of taking any property from anybody without compensation is internationally regarded as theft; and
• Whereas it has been publicly stated by government officials and other politicians that the aim of the changing of Section 25 is to take property from a certain race to give to “previously disadvantaged”, which are described as “black, Indian and coloured people”; and
• Whereas this is in contradiction with the equality principle of the same Constitution (Section 1), and the benefit of one group does not imply that another group may be disadvantaged; and
• Whereas Section 26 of the International Convention on Civil and Political Rights (ICCPR), which was signed by the South African Government, explicitly forbids any form of discrimination based on racial grounds; and
• Whereas the South African government signed the SADC Protocol on Trade and Investment of 2006, which states that all SADC countries must create a friendly environment for investors by “(a) not expropriating investments, except for public purpose against prompt, adequate and effective compensation”; and
• Whereas any form of discrimination is a contravention of the Convention of the Crime of Apartheid, as described by the United Nations in 1976; and
• Whereas the South African nation was told by the negotiators of the current Constitution that it is one of the best constitutions in the world,

TLU SA is of the opinion that the proposed amendment is in contravention with several international laws and guidelines, as well as certain sections of the South African Constitution and that any amendments will do the country enormous harm and can result in long and expensive court cases which have to be paid for by government and the tax payers.

Therefor TLU SA recommends that Section 25 of the Constitution’s wording stays as is and not be amended at all.

jlamprecht