One hundred years of South Africa’s land laws – still a need for change

BBC

Apartheid’s roots: The Natives Land Act

By Chris Bell BBC History

Apartheid white area sign The 1913 Natives Land Act helped to lay the groundwork for the apartheid policy of racial segregation in South Africa, introduced in 1948

 

A law passed 100 years ago severely restricting ownership of land for South Africa’s majority black population continues to have a huge impact today, two decades after the end of apartheid.

If we have no land to live on, we can be no people” John Dube First ANC President

At a stroke, the passing of the Natives Land Act on 19 June 1913 saw the majority of South African land reserved for whites, or Europeans. Just 7% of agricultural land was set aside on reserves for blacks, or Africans, though they comprised 67% of the population.

These reserves were, too, to form a key part of the apartheid system. They became the ‘homelands’ in which different tribal groups were forcibly settled; segregated, cheap labour pools.

Importantly, Africans were forbidden from buying or leasing land outside those reserves except from other Africans. Europeans, likewise, were unable to buy or lease land from Africans.

But according to William Beinart, Rhodes Professor of Race Relations at the University of Oxford, and Professor Peter Delius of the University of the Witwatersrand, land alienation was neither the primary intention nor the major outcome of the legislation.

South Africa’s Colonial History

Battle of Blood River

  • 1652 – Dutchman Jan van Riebeeck founds the Cape Colony at Table Bay.
  • 1795 – British forces seize Cape Colony from the Netherlands.
  • 1816-1826 – Shaka Zulu founds and expands the Zulu empire, creating a formidable fighting force.
  • 1835-1840 – ‘Boers’ (nomadic farmers mostly of Dutch ancestry) disagree with the British equalisation of black and white at the Cape and move inland.
  • 1852 – 1854 - The Boer Republics are recognised by Great Britain.
  • 1879 - British defeat the Zulus in Natal after an ultimatum to Zulu King Cetshwayo to stand down his army is rejected.
  • 1877 – 1910 – Following two Anglo-Boer Wars, the Boer Republics are made self-governing colonies before the Union of South Africa in 1910.
  • 1912 - South African Native National Congress is created (later renamed African National Congress).
  • 1913 - Natives Land Act is passed.

 

“By and large, dispossession had already taken place, following the colonial wars of the nineteenth century. The Land Act came at the end of this process,” they said, speaking at the Land Divided Conference at the University of Cape Town in March 2013.

“The 1913 Act was, however, also designed to control the forms of tenancy allowed in the white-owned areas. An increasing proportion of white landowners wanted fuller control over their land.”

African sharecroppers, who cultivated white-owned land and, in return, shared a portion of the harvest with the landowner, lost out significantly.

“The Act did not aim to move black people off the commercial farms but to keep them there as workers rather than tenants,” Beinart and Delius explained.

‘Pariahs in the land of their birth’

John Dube, the first president of the ANC (then called the South African Native National Congress or SANNC), had told an African audience in 1912 that “if we have no land to live on, we can be no people”.

Unsurprisingly, opposition to the Act amongst the African population, when it came to pass, was marked.

In his 1916 book Native Life in South Africa, Sol Plaatje, a prominent activist and co-founder of the ANC, commented that “awaking on Friday morning, June 20th, 1913, the South African Native found himself, not actually a slave, but a pariah in the land of his birth”.

His book bewails the plight of black South Africans in the aftermath of the Act.

“Even criminals dropping straight from the gallows have an undisputed claim to six feet of ground on which to rest their criminal remains,” he wrote, “but under the cruel operation of the Natives Land Act little children, whose only crime is that God did not make them white, are sometimes denied that right in their ancestral

From Apartheid to Democracy

Apartheid police beat black women protesters

  • 1948 – Apartheid policy formally adopted when the National Party (NP) takes power.
  • 1950 – The Group Areas Act is passed to segregate blacks and whites. The ANC responds with a civil disobedience campaign led by Nelson Mandela.
  • 1960 - Seventy black demonstrators are killed in the Sharpeville massacre. The ANC is banned.
  • 1964 - ANC leader Nelson Mandela is sentenced to life imprisonment.
  • 1966 - Prime Minister Hendrik Verwoerd, architect of the apartheid system, is assassinated.
  • 1970s - More than 3 million people forcibly resettled in black ‘homelands’.
  • 1976 - More than 600 people are killed in clashes between black protesters and security forces during an uprising which starts in Soweto.
  • 1989 - FW de Klerk replaces PW Botha as president and meets Mandela. Public facilities are desegregated and many ANC activists are freed.
  • 1990 - The ANC is unbanned and Mandela is released after 27 years in prison.
  • 1991 - Multi-party talks start and De Klerk repeals the remaining apartheid laws. International sanctions are lifted.
  • 1994 - The ANC wins the first non-racial elections in South Africa and Mandela becomes president.

Watch how apartheid affected every part of life

The Act remained a focal point of opposition for years to come.

In 1994 the ANC, now the majority party in South Africa’s first democratically elected government, pledged to redistribute 30% of white-owned agricultural land to black farmers. By 2012 just a third of that figure had been met.

In May 2013 Gugile Nkwinti, South Africa’s Minister for Rural Development and Land Reform, announced plans to mark the centenary of the Natives Land Act with a call for the country to make a “determined national effort to put that act and its implications behind the nation”.

However, land remains an emotive issue in South Africa. The influence of the Natives Land Act still colours the political and social dialogue.

Comments made by the deputy minister of agriculture stirred controversy in 2012. “There is sufficient proof that there were no Bantu-speaking people in the Western Cape and North-western Cape,” said Pieter Mulder, also leader of the conservative Freedom Front Plus party. He added that, as a result, black South Africans had no historical claim to “40% of South Africa’s land surface”.

A year earlier, the former President of the ANC Youth League, Julius Malema said: “The land question must be resolved, if needs be the hard way.” He was quoting the 1985 speech of Oliver Tambo, President of the African National Congress (ANC) at that time.

Such is the importance of land reform to the South African political landscape that the government is constitutionally bound to address it.

Article 25 of the South African constitution, passed into law on 10 December 1996, enshrines the responsibility of the state “to foster conditions which enable citizens to gain access to land on an equitable basis”.

That such a redress is necessary owes much not only to the years of apartheid, but to the 1913 Natives Land Act and colonial history which made it possible. bbc history

Kenya-ICC – Ruto partially exempt from attending Hague trial

BBC

William Ruto at The Hague (14 May 2013)
William Ruto insists he is innocent of the charges

 

The International Criminal Court (ICC) has ruled Kenyan Deputy President William Ruto only needs to be “physically present” at key sessions of his trial, due to start in September.

Mr Ruto, accused of crimes against humanity, had requested to participate in the trial via video link.

The court said it had partially granted his request to accommodate the “demanding functions” of his office.

Mr Ruto has denied orchestrating 2007 post-election violence.

President Uhuru Kenyatta has also been indicted on similar charges. The pair were on opposite sides of the political divide six years ago.

Some 1,200 people died and more than 500,000 fled homes in the post-election unrest, which brought the country to the brink of civil war.

The BBC’s Anna Holligan in The Hague says that legally speaking, this has absolutely no impact on President Kenyatta’s trial, as they are two separate cases and are being treated within two separate chambers at the ICC.

But she says this won’t stop speculation that the president too may be granted leave to miss parts of his trial for similar reasons.

However, Mr Kenyatta has not applied not to be present at his trial, which is due to start in July.

‘Not just for dignity’

The ICC said Mr Ruto would have to attend the opening and closing statements of all parties and participants, and “when victims present their views and concerns in person during the trial”.

He would also be required to attend the delivery of the judgment and, if applicable, sentencing.

“The Rome Statute does not afford any immunity based on official capacity,” the court said in a statement.

“Permission granted Mr Ruto to not be continuously present was strictly for purposes of accommodating the demanding functions of his office as Deputy Head of State of Kenya and not merely to gratify the dignity of his own occupation of that office.”

Earlier this month, judges at the ICC accepted a request by Mr Ruto’s lawyers to delay his trial and obtain more time to prepare his defence.

The court also recommended parts of the trial should be held in Kenya or Tanzania.

The announcements came after weeks of pressure from other African states and the African Union to drop the charges against Mr Kenyatta and his deputy.

The AU said the ICC was being racist by only prosecuting cases in Africa – an allegation the chief prosecutor, who is from The Gambia, denies by saying she is standing up for the African victims of crimes against humanity.  bbc

UN head condemns killing at UN HQ in Somalia

BBC

Footage shows the aftermath of the attack on the UN office in Mogadishu

 

UN Secretary-General Ban Ki-moon has expressed outrage over a “despicable” attack by Islamists on a UN office in Somalia which killed 15 people.

He also stressed the UN “would not be deterred from delivering its mandate” in Somalia, Mr Ban’s spokesman said.

The attackers detonated a car bomb outside the UN mission in the capital Mogadishu, then engaged security forces in a fierce gun-battle.

The al-Qaeda-linked group al-Shabab later said it was behind the attack.

This is the first time the UN offices have been attacked since it recently relaunched its mission in Somalia.

‘Act of desperation’

Analysis

image of Mark Doyle Mark Doyle BBC International Development Correspondent


The UN compound in Mogadishu is just a few hundred metres from the airport where thousands of African Union troops are based. It is in the heart of one of the most sensitive and theoretically well-guarded areas of the city. But following the audacious attack the gateway into the compound is now a wreck of twisted metal and rubble.

For more than a year now the Somali government – and its Western and African backers – have been lauding improved security in Somalia. At a diplomatic conference in London in February, hosted by the British Prime Minister David Cameron, there was optimistic talk about the new government which was for the first time elected by a parliament.

It is true that the militant Islamist al-Shabab group has been forced, by African Union troops, to leave most of their military positions in the city. But this attack shows that opponents of the government still have the capacity to hit a high-profile target which should be one of the best protected locations in the country.

Mr Ban was “deeply concerned and outraged by the despicable attack” on the UN Development Programme office, his spokesman Martin Nesirky said.

The raid was also condemned by the 15-member UN Security Council, which reiterated its “determination to combat all forms of terrorism”.

UN envoy to Somalia, Nicholas Kay, who was not hurt in the attack, told the BBC the world body would continue its mission in helping Somalia build peace and development.

He said Somalia had “turned a corner” after decades of conflict, and al-Shabab attacks like the one of Wednesday were “acts of desperation”.

“At this stage our firm intent is to stick to the mission and not abandon Somalia,” he said.

He added that one UNDP international staff member, three contractors working for a South African company and four Somali guards were killed in the attack.

All seven al-Shabab gunmen died in the raid and officials said pro-government forces later secured the compound.

The UN has only recently expanded its operations in Mogadishu after years when its Somalia mission was based in neighbouring Kenya because of security fears.

The UNDP office is next to the heavily fortified airport in southern Mogadishu.

Government soldiers arrive to secure the United Nations compound following a suicide bomb attack in the capital Mogadishu, 19 June 2013 The security forces arrived at the scene soon after the explosion. The UNDP compound is next to the airport where the AU forces have a base.
Somali government soldiers arrive to secure the United Nations compound following a suicide bomb attack in the capital Mogadishu, 19 June 2013 A vehicle was blown up in front of the blue gates of the UNDP’s office…
Somali government soldiers pictured after a suicide bomb attack inside the United Nations compound in the Somali capital Mogadishu 19 June 2013 Most residents fled the area as gunfire could be heard from inside the compound…
Somali government soldiers evacuate an injured man after a suicide bomb attack inside the United Nations compound in the Somali capital Mogadishu, 19 June 2013 Several people outside were injured in the suicide explosion. Exact details of casualties are not known; al-Shabab said it had killed some foreigners…
Somali government soldiers gather in front of the UN compound - 19 June 2013 The fighting inside the UNDP complex went on for well over an hour.
5

Somali Prime Minister Abdi Farah Shirdon Saaid praised the speed of the security forces’ response.

“Somali and Amisom security forces responded immediately to the situation after the initial explosion and have brought the situation under control. Sadly we must wait to hear the full details and confirmation of any casualties,” he said in a statement.

Map

“All our thoughts and prayers are with our UN colleagues today. But al-Shabab will not derail the peace process. They will not stop our recovery. Violence will not win.”

Al-Shabab, which had been in control of parts of Mogadishu for more than two years, withdrew in August 2011 under pressure from pro-government forces, but continues to launch occasional suicide attacks in the city.

It has also been pushed out of other cities, but still remains in control of smaller towns and large swathes of the countryside in central and southern Somalia.

The improving security situation has prompted the return of Somalis from the diaspora and allowed UN agencies and foreign embassies to return to the country.

Some 18,000 AU troops are in the country supporting the government of President Hassan Sheikh Mohamud who was elected by MPs last September.

His administration is the first one in more than two decades to be recognised by the US and the International Monetary Fund (IMF). bbc

CAR insecurity leads to unemployment and food price rises

IRIN

Checkpoints in Bangui provide an opportunity for racketeers to fleece traders (file photo)

BANGUI, 18 June 2013 (IRIN) – A security crisis in the Central African Republic (CAR) – which began on 10 December 2012, when the rebel Seleka Alliance attacked the capital, Bangui, and continued after Seleka ousted former President François Bozizé on 24 March – is ratcheting up food prices, causing unemployment and salary payment delays, and throwing the banking system into turmoil.
Food prices have risen sharply in the past six months.
“Before, a sack of peanuts was 30,000 CFA francs [US$61], but now it’s 55,000- 60,000 [$111-122], making it difficult for us to buy,” said Ahmed Hassan, a wholesale peanut seller in marché du kilomètre 5, the largest market in Bangui. “If you buy at 60,000 CFA, you only sell very small quantities. Customers are complaining a lot.”
Numerous checkpoints on the main roads into the city provide an opportunity for racketeers to impose illegal taxes and extort bribes, and traders have to pass on these costs to their customers.
“The difficulties are at the checkpoints. When you arrive, you are told to unload all your goods so they can check you are not concealing weapons, and then you have to pay – that’s the main problem… They ask you to pay 60,000 [$122] or 50,000 CFA [$101], and you have to haggle long and hard to reduce that to 20,000, 15,000 or 10,000 CFA [$40, $30 or $20],” Hassan said.
Household food bills are rising. “Three months ago, you could get enough beef to feed a family of six for 2,000 CFA [$4], but that has now become impossible,” said a local housewife.
Banking restrictions
After the coup, banks imposed restrictions, including limits on the amount of cash that can be withdrawn.
Ecobank, “the pan-African bank” and the largest in the country, has posted a notice outside its branches specifying individual and company daily withdrawal limits – 200,000 CFA [$407] for individuals and two million CFA [$4,048] for large companies. Other banks have even tougher restrictions.
There have also been lengthy queues at banks and microfinance institutions.
“I’ve been waiting here since morning. I’m going to spend all day standing in the sun, queuing,” said one young man.
Many bank customers told IRIN they were coming to the city centre several times a week to try to withdraw funds.
Lay-offs
To make matters worse, hundreds of people have been laid off in the past few weeks in Bangui.
“We’ve suffered big losses amounting to 100 million CFA [$202,400], so there’s been a big slow-down in our business and financial activities. Economic realities are forcing us to lay off workers,” said Jean-Gilles Kanko, the country general manager of TNT Express.
The owner of an academic computer centre in Bangui was forced to lay off all his 55 staff members after the establishment was looted and burned. “I do not know what to do. I wrote to the head of state, I wrote to the minister, but no one answered me,” he said.
“We are in a very difficult situation. We challenge the government to restore peace and security so we can get back to work and earn our daily bread,” said a redundant employee whose company had about 1,500 employees before the start of the crisis.
Stalled payments
According to local media reports, civil servants have not been paid for the past two months.
Pensioners, meanwhile, have not been receiving their benefits.
“We need the government to pay attention to our plight because the way we are living is beyond understanding. For more than three months we have not even had soap to wash our clothes,” said retiree Joseph Maité.
“We need our money to run our families and meet certain daily needs,” said another pensioner.
Students have likewise gone without grant money for several months.
“I am a student teacher at ENI [Ecole Nationale des Instituteurs] in Bambari. Straight after the arrival of Seleka elements in Bambari, our leaders left us to our fate. We left Bambari on foot to get to Bangui, hoping to get our grant payment, which we have not received since October 2012. Now we’re in Bangui – still no grant,” said Olona-Saleh Teddy.
new report on CAR by the think tank International Crisis Group warns that the new government is fragile and must work to avoid plunging the country into further chaos.
“To avoid having an ungovernable territory in the heart of Africa, the new government of national unity must quickly adopt emergency security, humanitarian, political and economic measures to restore security and revive the economy,” the report’s authors said. “For their part, international partners must replace their ‘wait-and-see’ policy with more robust political and financial engagement to supervise and support the transition.”
cd/cb/rz  irin

Botswana’s San/Bushmen win court reprieve on eviction

Survival International

Relocation trucks arrive at Ranyane.

Relocation trucks arrive at Ranyane.
© FPK

Dozens of Botswana Bushmen threatened with eviction, reportedly because they live in an area proposed as a ‘wildlife corridor’, have won a significant court victory in their struggle to stay on their land.

Since the wildlife corridor between the Central Kalahari Game Reserve and the Kgalagadi Transfrontier Park was proposed, the local and national authorities have pressurized the Ranyane Bushmen to leave.

The corridor project was promoted by the US organization Conservation International (CI) – Botswana’s President Khama sits on Conservation International’s board.

Government officials and police set up camp at Ranyane to pressurize residents into relocating.

Government officials and police set up camp at Ranyane to pressurize residents into relocating.
© FPK

The Bushmen in fact pose no threat to wildlife, alongside which they have lived sustainably for centuries, and many believe the eviction is in fact to benefit local cattle ranchers.

Last month the local council told residents that they would be evicted in just four days, and sent trucks and police to the settlement to intimidate them. The Bushmen went to court, and obtained a temporary injunction against their eviction.

Today, in a new hearing, the court ruled that no government officials can enter the Bushmen’s compounds without their consent; that their water borehole cannot be dismantled without warning; and that the Bushmen’s lawyers must be notified before any further attempt is made to resettle them.

Botswana's President Khama sits on Conservation International's board.

Botswana’s President Khama sits on Conservation International’s board.
© Survival

The court also ordered the government to pay all the Bushmen’s costs.

Survival’s Director Stephen Corry said today, ‘How many court cases does it take for human rights to prevail in Botswana? Isn’t it time for President Khama to stop the evictions of the Bushmen, Botswana’s first citizens, once and for all?’

Note to editors: Read the High Court Order (Pdf, 361 kb)

Egypt and Ethiopia hold talks to ease tensions over Nile dam

VoA/allAfrica

By Marthe van der Wolf, 18 June 2013 

Photo:                   Giustino

                  Blue Nile Falls (file photo).

ADDIS ABABA — Egypt and Ethiopia are taking steps to defuse tension over Ethiopia’s diversion of the Nile River to construct a massive hydroelectric dam.

The ministers of foreign affairs from both countries held talks in Addis Ababa on Monday and Tuesday. At issue: the tensions that rose after Ethiopia began diverting part of the Blue Nile to advance construction the Great Ethiopian Renaissance Dam.

Ethiopian Foreign Minister Tedros Adhanom told reporters in Addis Ababa Tuesday that both nations have agreed to implement recommendations made by an international panel of experts and to hold further talks.

“Both ministers, in a spirit of brotherly relations and mutual understanding, agreed to embark on consultations at the technical and political levels,” Adhanom said, “with the participation of the Republic of Sudan, to implement in a speedy manner the International Panel of Experts’ recommendations.”

The diplomatic language is a far cry from the heated exchanges over the $5 billion dam, which Egypt fears will threaten its vital water supply.

Most Nile river water originates in Ethiopia. However, colonial-era treaties written by Britain gave Egypt as much 87 percent of the Nile’s flow.

Egyptian President Mohammed Morsi has gone so far as to warn this month that “all options” were open in terms of his country’s response to the dam project.

The high-level talks come after Ethiopia last week became the sixth country to back replacing colonial-era treaties with a new commission to oversee Nile projects. Rwanda, Burundi, Kenya, Tanzania and Uganda have already signed the agreement. Egypt is among several nations that have yet to do so.

Despite the calmer language, Egyptian Foreign Minister Mohammed Kamel Amr says his country need not apologize for some of its politicians who suggested the right course of action may be to sabotage the construction of the dam.

“It’s not a matter of regrets or apologies,” he said. “Some pronouncements were made in the heat of the moment, or because of their emotions. No regrets were required.”

Minister Tedros is expected to travel to Cairo soon to continue talks over the dam’s possible impact.

Ethiopian officials argue Egypt can make up any reduction with better water management.

The construction of the dam started two years ago and is about 20 percent done. When completed in 2017, it will transform Ethiopia into Africa’s biggest producer of electricity.  allAfrica

Attack on UN compound in Somalia kills 22

AlertNet

A soldier fires a rocket propelled grenade (RPG) after gunmen attacked the United Nations compound in the Somali capital Mogadishu, June 19, 2013. REUTERS/Feisal Omar

* At least 22 dead after bomb, gun battle

* U.N. only recently beefed up presence in Mogadishu

* Somalia struggling to emerge from two decades of chaos (Updates death toll, adds U.N. chief Ban Ki-moon)

By Abdi Sheikh

MOGADISHU, June 19 (Reuters) – Islamist militants carried out a deadly assault on the main U.N. compound in the Somali capital on Wednesday, dealing a blow to fragile security gains that have allowed a slow return of foreign aid workers and diplomats.

The assault, claimed by Islamist group al Shabaab, began before midday when a car bomb exploded outside the United Nations Development Programme (UNDP) base. Rebel gunmen forced their way into the compound and fought with security guards.

The African Union (AU) peacekeeping force, which sent soldiers and armoured vehicles to the compound, which includes several buildings, said it was under the control of friendly troops after a gun fight that lasted more than 90 minutes.

Interior Minister Abdikarim Hussein Guled said four foreign U.N. security staff and four local guards were killed in the gun battle that left seven insurgent fighters dead.

An ambulance service official said his crew carried away seven dead civilians, bringing the total dead to 22.

It was the first significant attack on U.N. premises by al Shabaab since they were driven out of Mogadishu in fighting with AU and Somali government forces about two years ago.

More than a million Somalis live in crisis conditions, according to the United Nations, which has started building up offices and international staff after security improved.

U.N. Secretary-General Ban Ki-moon said he was “outraged by the despicable attack” in a telephone call to Somali President Hassan Sheikh Mohamud. Al Shabaab accused the United Nations of serving U.S. interests.

“The U.N., a merchant of death and a satanic force of evil, has a long, inglorious record of spreading nothing but poverty, dependency and disbelief,” al Shabaab said on its Twitter feed @HSMPRESS1

The South African state weapons firm Denel said two of its staff were killed in the raid. Militants have launched grenade strikes and similar low-level attacks on U.N. bases in the past, but no assault of this scale.

 

“HERE TO STAY”

One U.N. official said some Western nations that had been keen to support the Western-leaning government elected last year had played down dangers posed by al Shabaab and its ability to infiltrate the security forces and attack the capital.

“This is part of the consequence of over-optimism in some Western nations that has overshadowed the need to look at deeper problems before rolling out any kind of U.N. mission,” said the official, who follows Somalia closely but is not authorised to talk to the media.

He said the government had not done enough to overhaul its security forces.

The top U.N. official in Somalia, Nicholas Kay, told Reuters there were lessons to be learned but that the United Nations would not be deterred from its mission.

Asked if U.N. staff would be evacuated from Mogadishu, Kay said: “No. The U.N. is here to help and we are here to stay.”

The initial bomb blast sprayed masonry and twisted metal across the road that links the nearby airport, which serves as the main base for the AU peacekeepers, and the city centre.

The Somali government condemned the attack and offered “deepest sympathy to all victims”.

“Today all Somalia stands shoulder to shoulder with UNSOM,” Prime Minister Abdi Farah Shirdon Saaid said on Twitter, referring to the new U.N. Somalia assistance programme UNSOM.

Bystanders reported several smaller blasts inside the compound during the gunfight.

The raid was a copycat of a strike on Mogadishu’s law courts in April, when gunmen detonated suicide vests during a gunbattle with security forces. Interior Minister Guled confirmed some of the assailants blew themselves up on Wednesday.

AU forces and government troops drove al Shabaab rebels out of the coastal capital in 2011, but militants have kept up guerrilla-style attacks from rural bases.

The overthrow of a dictator in 1991 plunged Somalia into two decades of violent turmoil, first at the hands of clan warlords and then Islamist militants, who have steadily lost ground since 2011 under pressure from the AU military offensive. alertnet