The proposed changes to section 25 of the constitution do not guarantee impartiality, nor transparency, nor equitability, as the courts are far from free, fair, transparent or impartial.

The lower courts and high court (excluding the Supreme Court of Appeal and Constitutional Court) are inept, corrupt and corruptible, and the amendment is arbitrary, irrational, unfair and biased. It is in fact a fundamental mischief for political gain, rather than redistribution of wealth.

It presupposes the affected party has funds and access to substantial legal representation and superior counsel. It costs about R750,000 to get through a high court trial, high court appeal and appeal court process.

The act must fully legislate open, transparent and accountable transactions, and the government must finance all legal processes through superior private legal representation. And, such costs must not fall on the “targeted” land owner or  occupier.

This would create a level playing field. It must also stipulate that all state land, including the Zulu kingdom’s 33-million hectares, are first accessed and used. It must promulgate productivity as a peremptory requisite for occupation, otherwise another Zimbabwe will result.

David Benjess 
Via e-mail

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