BAREND UYS: Paul Mashatile and the ANC’s deception about land must be exposed

“We shall further use the Expropriation Act as a tool to advance land justice. I know some do not like this act, but we will implement it whether they like it or not,” said Deputy President Paul Mashatile, as quoted in a report on the handover of title deeds to the Qelana and Qolombana communities near Mthatha, Eastern Cape, on May 9.

This is yet another statement by a senior government official and ANC leader that confirms that civil organisations’ concerns about the Expropriation Act are valid. However, it is framed in a way that allows criticism to be easily dismissed as unfair: who could possibly object to something sounding as noble as “land justice”?

To gain a clearer understanding of the true state of affairs regarding the ANC’s actions relating to land ownership, one must focus on what is not mentioned in the News24 report on the handover of title deeds. Why were these deeds handed over only in 2025 if the land claim was approved in 2011 already? If it is truly the ANC’s policy, as indicated by Mashatile at the event, to “give back dignity and resources to our people”, why wait 14 years? One can only wonder why no apology was offered and why media outlets have made no comment on this delay.

The bigger question, however, is why Mashatile did not also, during the event, hand over the title deed for the land of the AbaThembu nation to their king, Dalindyebo KaSabata.

The use of the phrase “our people” is also telling. It is clear that Mashatile and the ANC believe there are only two groups of people in the country — “their people” and “the rest”. By using the term “black South Africans”, Mashatile makes this divide explicit. In other words, “black South Africans” are his or the ANC’s people, while everyone who falls outside this exclusive company (in other words, everyone who is not black) is left in the abyss as second-class citizens.

In his speech, Mashatile made it clear that the “original sin”, namely the Natives Land Act of 1913 and the later Group Areas Act, is now being corrected. In terms of sinners, however, the facts about land ownership, specifically in the Eastern Cape, point to yet another culprit: the ANC — the one-party government of the past 30 years. Why has the ANC government for the past three decades failed to transfer land in the Eastern Cape to the cultural communities living there?

The state owns and controls about 5.9-million hectares of the total of roughly 16.9-million hectares of land in the Eastern Cape. The state thus owns about 34.7% of all the land in the province. While about 350,000ha of this state land are conservation areas, the remaining 5.5-million hectares are primarily the land of the cultural communities of the Eastern Cape, led by kings and royal leaders.

These communities and kings are the descendants of the royals and community members who, with courage and perseverance, resisted the British Empire. King Hintsa KaKhawuta and his son and successor, Sarhili KaHintsa, of the Xhosa, and King Ngqika kaMlawu and his son and successor, Sandile kaNgqika, of the Rharhabe, should be honoured in this regard.

The Upgrading of Land Tenure Rights Act 112 of 1991 was, and remains, available for the transfer of ownership of land of cultural (traditional) communities from the state to the communities. Section 20 of the act reads:

• A tribe may request the minister to transfer tribal land the control of which vests in the tribe to the tribe in ownership.
• If the land has been surveyed, the minister may take steps to transfer the land concerned to the tribe in question.

In Mashatile’s speech at the event in the Eastern Cape, he remarked that: “Each of these title deeds represents more than a piece of paper. They represent pride and dignity. Title deeds provide clear ownership.”

Why, then, has the ANC, in the 30 years at its disposal, not restored the pride and dignity of cultural communities by transferring ownership of and providing title deeds for the about 5.5-million hectares of land in the Eastern Cape owned by the state to them, using the legal mechanism available in the form of this act?

Ownership transfer more difficult

In 1996, the ANC government “weakened” this act (which, of course, predates 1994). The original wording of section 20, subsection (2) read: “If the land has been surveyed and the minister is of the opinion that the request is feasible, he shall forthwith take steps to transfer the land concerned to the tribe in question.”

It is clear that the change in wording (from the original “shall forthwith take steps” to the current “may take steps”) was not done to make the transfer of land ownership easier but rather more difficult.

It is scandalous that title deeds for a successful land claim approved 14 years ago are only now being handed over. More examples of this could easily be found.

The greater scandal, however, is that after 30 years, the ANC government (and the current ANC-led government) has still not transferred the ownership of about 17-million hectares throughout the entire country that the state continues to hold as “guardian” on behalf of cultural communities, to those communities.

It is high time for Mashatile and the ANC’s deception and abuse of power, which only contribute to polarisation, to be exposed. It seems they find it easier to boast about the late handover of title deeds after a successful land claim than to return the land held and controlled by the state to the cultural communities and their royal leaders.

The ANC’s actions demonstrate its use of land ownership as a convenient political tool, particularly now that it is facing political turmoil. The pride and dignity of the various cultural communities are not a priority to them — nor, certainly, is the ownership of land by cultural communities. Their use of terminology like “land justice” is nothing more than smoke and mirrors — in fact, it is an insult to royal leaders and cultural communities.

For them, it is solely about retaining (or regaining) political power and control — and the ANC realises that if it (read: the state) returns the land to the communities, it will lose the last bit of control (and forced support) it has.

• Uys is head of intercultural relations and co-operation at AfriForum.