The Coalition of Traditional Leaders on Friday came out in defence of the draft Communal Land Rights Bill, saying rural communities will finally have their land ownership rights recognised.
Earlier in the week, a wide range of organisations asked Parliament not to pass the Bill, saying it gives too much power to traditional leaders to the detriment of the rural poor.
At a Parliamentary press briefing on Friday, co-chairperson of the coalition — which represents all traditional bodies — Nkosi Patekile Holomisa said detractors of the Bill do not realise that the people themselves will finally be in control.
”We are not talking here about rights that will be newly created but rights to the use of the land that already exists.
”For the first time since the appearance of the colonialists, the communities will have real ownership, recorded in the Deeds Office, so that no future government will again be able to take away their land at will.”
Holomisa singled out Prof Ben Cousins of the programme of land and agrarian studies of the University of the Western Cape, for trying to persuade the government that the Bill is a step backwards.
Cousins had earlier in the week accused the Department of Agriculture and Land Affairs of ignoring largely negative submissions by civil society on the legislation.
Critics of the Bill have raised fears that the traditional leaders will take the land from the people and sell it to developers.
Holomisa dismissed this, saying people have a very contorted view of how African leadership operates.
He said traditional leaders are held accountable by their communities in the same way that a chairperson of an organisation is.
”In the same way traditional leaders are called to account by their councils. They do not allow them to ride roughshod over anybody as these imaginary ‘chiefs’ are supposed to do.”
The Bill ensures that the existing rights of the people will be recorded so that no one, including a traditional leader, will be able to change their rights.
Holomisa admitted that the Bill gives the minister of agriculture and land affairs too much power, but said the solution is the greater involvement of the community.
”The solution to that problem is to place the onus on the communities themselves to document carefully the existing rights and to resolve as many of the unresolved issues as they can.”
He said this approach will not only save taxpayers money but will also speed up the process.
”Every member of the community that is not in agreement with the land rights plan prepared for their community must be given every chance to state their case, finally in the courts if they otherwise receive no satisfaction,” he said.
He added that traditional communities will function more effectively if they are allowed to manage their own affairs.
”Under the guidance of their traditional councils they will be able to carry out the local government functions much more effectively than a remote municipality that takes decisions without their participation and without asking them for their views,” Holomisa said. — Sapa