Wally Mbhele
`These are times that try man’s soul. The summer-time soldier and the sunshine patriot will shrink from the services of the nation. He or she who stands it now, deserves the honour of the nation.”
These were introductory quotes from chief land claims commissioner Joe Seremane in a controversial address he made to the joint parliamentary portfolio committees on agriculture and land affairs last month.
Ironically, the outspoken Seremane noted that often “bearers of bad tidings fall victim to the consequences”. Seremane has been embroiled in a fight with the African National Congress over the whereabouts of the grave of his brother, who was killed in an ANC camp.
True to his prophesy, moves are under way within the Commission on Restitution of Land Rights – of which Seremane is chair – to oust him. The Mail & Guardian has documents showing that Seremane’s speech – in which he pulled no punches in, among other things, criticising Minister of Agriculture and Land Affairs Derek Hanekom – did not sit well with some of his colleagues in the commission. Seremane accused the establishment of “arbitrary, elitist tendencies” that interfered with land restitution.
Seremane’s deputy, advocate Wallace Mgoqi, has urged Hanekom to oust Seremane. Mgoqi made the request in a letter written to Hanekom after Seremane’s speech.
At a hastily convened meeting between Hanekom and the commissioners this week, the knives were out for Seremane. His criticism of the minister and the restitution review process is almost certain to cost him his job. But impeccable sources told the M&G Seremane would not stand idly by while he “is lynched by a mob”.
Seremane’s address to the portfolio committee drew considerable support from committee members. Not one MP objected to his speech. He told the committees that since its institution three years ago, the commission has only managed to finalise nine of the more than 26 000 claims it has received.
Seremane called for a review of the restitution policy to broaden control, policy formulation and influence. This should not only be the work of “an elite interest group,” he said, adding that the commission needed to be granted full autonomy in the form of financial and administrative functions. He called for the Department of Land Affairs to give up control of these functions, and suggested that the commission be represented in all the department’s restitution bodies, forums and power structures.
Seremane questioned the commission’s land review team’s close relationship with some department officials, especially “Dr A du Toit’s multi- consultancy veering on monopoly”. Apart from his work for the commission, Du Toit is also a university lecturer and a consultant to a number of land interest groups financed by NGOs. The review team reports to Hanekom.
Seremane also criticised the “special relationship that some non- governmental organisations enjoy with the department and the minister, especially to the exclusion of other institutions not sharing the elite’s perceptions, beliefs or even ideology”.
Soon after Seremane’s speech, Mgoqi wrote the confidential letter – leaked to M&G – to Hanekom denouncing his chief. Mgoqi told the minister that “all the commissioners, except Mr J Seremane, were taken by surprise by what he had to say … We were shocked by these utterances, at a time when we had suggested that we should have a meeting prior to our appointment with the portfolio committee and he flatly refused … the morale among commissioners is quite low, people feel demoralised and demotivated by what they see as a lack of leadership …
“… we hope that you will act decisively to avert the embarrassment of some commissioners leaving the commission out of sense of despondency. Now you need to act to save the restitution process from collapsing, as it holds vast potential benefits for millions of our people.”
Seremane could not be reached for comment at the time of going to press. Hanekom’s aide, Sarita Venter, was unable to comment as “the minister is away attending a meeting of the South African Agricultural Union in Durban”.
She referred queries to the department director general, Geoff Budlender, who said he was not in a position to comment on correspondence between the minister and the commissioners. Budlender said he is aware a meeting took place between the minister and the commissioners this week, but he did not attend the meeting.