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From terra nullius to terrible delay in land restitution and rights
From terra nullius to terrible delay in land restitution and rights

Mail & Guardian

time16 hours ago

  • Politics
  • Mail & Guardian

From terra nullius to terrible delay in land restitution and rights

South Africa's land reform journey is still shaped by the legacies of colonial conquest and apartheid. (Madelene Cronjé) During colonisation and apartheid, the law was used as a weapon to justify the seizure of African land. For many black people dispossessed of their property, the promise of land restoration in democratic South Africa has remained out of reach. Two of the most important legal tools for land reform are the land restitution system and the new Expropriation Act. Both are failing. Many human rights organisations such as the Centre for Applied Legal Studies continue to support individuals and communities who filed land claims decades ago through the land restitution system. These people were promised a legal route to reclaim their land under the Restitution of Land Rights Act. Despite following all the rules and processes, many of these claims have been stuck in government systems all this time. One of the major issues lies with state institutions such as the Regional Land Claims Commissions. Even when claims are legally recognised and published in the Government Gazette , delays are all too common. Families are often left waiting for years for proper land mapping, valuation reports or final decisions. Many receive conflicting information or no updates at all. In some cases, land is sold or transferred without their knowledge, even while their claim is still active. This is not just poor service delivery; it is a serious failure of justice. The courts have noticed this too. In a case known as Mvelase vs Director-General of Rural Development and Land Reform , the land court ruled that the department of rural development and land reform had failed not just land claimants, but the constitutional promise of land reform for all people in South Africa. Legal experts such as Hans Jurie Moolman agree. In his 2025 article on the history of land reform law, Moolman These issues are not limited to the land restitution system. In January 2025, the Expropriation Act was signed into law. This sets out how the government can expropriate land in the public interest including in some cases without paying compensation. This Act is not about restoring land to people who were dispossessed under apartheid laws but about broader land reform and addressing a long history of inequality. The Act sets out clear procedures, such as the need for negotiations, access to courts and guidelines for when no compensation might be appropriate. It also replaces outdated apartheid-era laws and applies to all levels of government. The African Commission on Human and Peoples' Rights has But the law is measured, not radical. It offers a framework that leans toward caution, not bold and true, tangible change. Can a law so careful in its wording and limited in its scope truly undo centuries of land dispossession? While it might be a step forward on paper, its ability to bring about real justice depends on how it is used. The Constitution, in section 25, protects property rights and allows for land reform. But it does not clearly deal with the historical injustice of how land was taken in the first place. It avoids legalising past land theft but it also doesn't go far enough to reverse its consequences. As a result, when the state hesitates to act boldly, and when departments fail to carry out their duties, the law's promise remains unfulfilled. The Expropriation Act is being challenged in court by AfriForum, a group that argues the law threatens constitutional rights, investor confidence and the economy. Their opposition does not come in the language of conquest, but of constitutionalism. They do not argue that land should never return to black hands, but that doing so threatens 'order'. It is a familiar tactic of preserving historical privilege using the language of rights and legal stability. This is where the heart of the land reform struggle lies. The law appears to move us towards justice, but those who benefit from injustice often use the same law to defend their position. Courts become places where transformation must ask for permission, where property rights are treated as untouchable and where dispossession is never fully named. South Africa's land reform crisis is not just about gaps in the law, but about how the law is implemented, and who it really serves. Too often, government departments rely on narrow, market-based approaches that care more about protecting property than correcting injustice. In the end, the very systems designed to bring about change end up reinforcing the status quo. Until state institutions are rebuilt with integrity and intent, until the legal system is willing not just to manage the legacy of conquest but to disrupt it, the gap between law and justice will remain. And many will continue to wait, not because their claims are unclear, but because the system still does not know how to recognise their truth. The work ahead is not only legal, but also political, social and deeply historical. We need to continue to rethink the foundations of South Africa's land laws and challenge the colonial values that still shape them. Restitution and land reform cannot just be technical processes. They must be about restoring dignity, correcting injustice and returning land to those who were unjustly robbed of it. Blossom Matizirofa is based in the Home, Land and Rural Democracy programme at the Centre for Applied Legal Studies, Wits University.

How the informal sector in Zimbabwe has become a ‘critical risk'?
How the informal sector in Zimbabwe has become a ‘critical risk'?

Zawya

time4 days ago

  • Business
  • Zawya

How the informal sector in Zimbabwe has become a ‘critical risk'?

How Zimbabwe's booming informal sector is shortening government revenue Zimbabwe's economy predominantly operates within the informal sector, comprising over 75% of economic activity. This trend arises from decades of economic issues, such as job shortages, inflation, and currency instability. The informal sector provides livelihoods but contributes minimally to government revenue due to tax non-compliance. This is according to the results of the country's first economic census, which present a striking picture of how pervasive the informal economy has become. Informal businesses in the Southern African country have now 'increasingly become a significant source of livelihoods, its contribution to government revenue remains minimal due to non-compliance with the formal tax system,' the Zimbabwe National Statistics Agency said in a report released on Wednesday. According to the country's most prevalent industry body, the Confederation of Zimbabwe Industries, the situation poses a 'critical risk' to the country's economy. 'Formal businesses are being squeezed,' MacDonald Mutengo, CZI's lead research officer, said at the event. 'Companies are not making profits, they are highly regulated.' The informal sector's expansion is mostly a reaction to the loss of official job prospects brought on by decades of economic mismanagement, hyperinflation, and periodic currency depreciations, as seen on Bloomberg. According to the economic census, which surveyed over 204,798 businesses, wholesale and retail trade accounts for 73% of the informal economy's activity. Manufacturing trailed behind at 8%. Bulawayo has the largest concentration of formal enterprises among Zimbabwe's provinces, at 40%, significantly outpacing other areas where the formal sector make up less than 30% of the local market. The growth of the informal sector in other African markets This trend is not exclusive to Zimbabwe, as Kenya faces a similar situation. kenya market Based on a 2024 report by the Kenya National Bureau of Statistics (KNBS), the informal sector employs 83.6% of the workforce, or approximately 17.4 million people. Notably, the informal sector created 703,700 new jobs, accounting for 90% of all new employment outside of small-scale agriculture. In Nigeria, the informal sector is also dominant. According to Moniepoint's Informal Economy report, 89.4% of Micro, Small, and Medium Enterprises (MSMEs) do business informally. However, unlike with Zimbabwe, an impressive 89% of these informal enterprises allegedly pay some type of tax, suggesting that taxing of this section is possible if properly handled. © Copyright The Zimbabwean. All rights reserved. Provided by SyndiGate Media Inc. (

No evidence of Lesotho rebel army, says SAPS
No evidence of Lesotho rebel army, says SAPS

News24

time4 days ago

  • Politics
  • News24

No evidence of Lesotho rebel army, says SAPS

SAPS says the country's intelligence structures have been investigating Lesotho's claims that there are illegal military camps on farms in South Africa. Lesotho Commissioner of Police Borotho Matsoso had said the country was working closely with South African officials to investigate the camps. SAPS said National Commissioner General Fannie Masemola had met with all nine provincial commissioners and Matsoso's claims were high on the agenda. The South African Police Service (SAPS) says the country's intelligence structures have been investigating Lesotho's claims that there are illegal military camps on farms in South Africa training a rebel army. But the Hawks have yet to find any evidence of this, GroundUp reports. This follows an extraordinary press briefing on 18 July by Lesotho's top security chiefs, who claimed that a rebel group known as Malata Naha is recruiting Basotho youth and providing military training in South Africa. On Saturday, SAPS issued a statement after GroundUp reported that the South African authorities were mum on the allegations. Previously, Lesotho Commissioner of Police Borotho Matsoso had said the country was working closely with South African officials to investigate the camps. The Directorate for Priority Crime Investigation (DPCI), also known as the Hawks, through its Crimes Against the State (CATS) unit, has been roped in to investigate. Various searches have been undertaken by CATS at identified farms, and no such evidence has been found to date. SAPS said National Commissioner General Fannie Masemola had met with all nine provincial commissioners and Matsoso's claims were high on the agenda. SAPS noted that a preliminary report from its Crime Intelligence Division was reviewed. Intelligence structures have heightened operations to verify the allegations. In a further development, SAPS confirmed that Masemola has directly engaged with Matsoso. 'Both commissioners agreed that law enforcement intelligence structures from both countries are on the ground investigating the existence of such camps,' the statement read. Masemola said: 'The safety and security of all people living in South Africa is of paramount importance, and anyone found committing illegal acts will face the full might of the law.' The SAPS statement said South Africans are urged not to panic or worry as police from both countries remain on high alert and are working jointly to establish the facts on the ground.

Eswatini opposition attacks US deal as ‘human trafficking disguised as deportation'
Eswatini opposition attacks US deal as ‘human trafficking disguised as deportation'

The Guardian

time23-07-2025

  • Politics
  • The Guardian

Eswatini opposition attacks US deal as ‘human trafficking disguised as deportation'

Civil society and opposition groups in Eswatini have expressed outrage after the US deported five men to the country, with the largest opposition party calling it 'human trafficking disguised as a deportation deal'. The men, from Vietnam, Jamaica, Laos, Yemen and Cuba, were flown to the small southern African country, an absolute monarchy, last week as the US stepped up deportations to 'third countries' after the supreme court cleared them last month. Eswatini, formerly Swaziland, is landlocked by South Africa and Mozambique and has a population of about 1.2 million. It is Africa's last absolute monarchy and has been ruled by King Mswati III since 1986. The government estimated the five men would be held for about 12 months, a spokesperson, Thabile Mdluli, said, adding: 'It could be slightly less or slightly more.' She said Eswatini was ready to receive more deportees, depending on the availability of facilities and negotiations with the US, which has also deported eight people to South Sudan after holding them for weeks in a shipping container in Djibouti, and more than 200 Venezuelans to El Salvador. Officials have said the men, who were put in solitary confinement, were safely imprisoned in Eswatini. However, they have refused to disclose the terms of the deal, other than to say the US was footing the costs of keeping the men locked up and that they would work with international organisations to deport them to their home countries. Many civil society organisations and politicians were not convinced. 'This action, carried out without public consultation, adequate preparation, or community engagement, raises urgent questions about legality, transparency, and the safety of both the deported individuals and the people of Eswatini, especially women and girls,' said a coalition of seven women's groups. The organisations delivered a petition to the US embassy on Monday calling for the US to take back the deportees, for the deportees' human rights to be respected, and for Eswatini not to become a 'dumping ground for unresolved problems from elsewhere'. The groups' leaders held a protest outside the US embassy on Friday, where they sang, danced and held up signs with messages including: 'Whose taxpayers?', 'Eswatini is not a prison for US rejects' and 'Take the five criminals back to the US!!' Eswatini's largest opposition party, the People's United Democratic Movement (Pudemo), said in a statement: 'Pudemo vehemently condemns the treacherous and reckless decision by King Mswati III's regime to allow the United States of America to dump its most dangerous criminals on Swazi soil. 'This is not diplomacy but human trafficking disguised as a deportation deal. It is an insult to all Emaswati who value peace, security, and the sanctity of our homeland.' The coordinating assembly of NGOs, an umbrella group, said the situation was 'deeply alarming' and condemned the 'stigmatising and dehumanising language used by US officials'. It called for the Eswatini-US agreement to be made public and to be suspended pending 'genuine public consultation and transparent national dialogue'. Tricia McLaughlin, the assistant secretary at the US Department of Homeland Security, said in a post on X on 16 July that the men, who she said had been convicted of crimes including child rape, murder and burglary, were 'so uniquely barbaric that their home countries refused to take them back'. She added: 'These depraved monsters have been terrorising American communities but … they are off of American soil.' Eswatini's prime minister, Russell Dlamini, told local media on Friday that the government was confident it would safely manage the prisoners. 'Eswatini is currently holding inmates who have committed more dangerous crimes than those attributed to the five deportees,' he said. A prison service spokesperson, Baphelele Kunene, said the country's citizens should not be afraid. 'We can confirm that the five inmates in question have been admitted to one of our high-security centres where they are responding very well to the new environment,' he said. 'Even though they come from the US, there is no preferential treatment for them as they are guided by the same prison regulations, eat the same food as others and are also expected to exhibit the same and equal amount of respect for prison protocols.' The US state department's most recent human rights report on Eswatini, in 2023, said there were 'credible reports of: arbitrary or unlawful killings, including extrajudicial killings; torture and cruel, inhuman, or degrading treatment or punishment by the government; serious problems with the independence of the judiciary; [and] political prisoners or detainees'. Political parties are banned from taking part in elections, which the system's advocates argue makes MPs more representative of their constituents. In September, Pudemo's leader, Mlungisi Makhanya, was allegedly poisoned in South Africa. The party said it was an assassination attempt, which Eswatini's government has denied. The Department of Homeland Security has been contacted for comment. The best public interest journalism relies on first-hand accounts from people in the know. If you have something to share on this subject you can contact us confidentially using the following methods. Secure Messaging in the Guardian app The Guardian app has a tool to send tips about stories. Messages are end to end encrypted and concealed within the routine activity that every Guardian mobile app performs. This prevents an observer from knowing that you are communicating with us at all, let alone what is being said. If you don't already have the Guardian app, download it (iOS/Android) and go to the menu. Select 'Secure Messaging'. SecureDrop, instant messengers, email, telephone and post See our guide at for alternative methods and the pros and cons of each.

Experts deploy helicopters carrying over 500 tons of poison to eradicate dangerous island threat: 'A roll of the dice'
Experts deploy helicopters carrying over 500 tons of poison to eradicate dangerous island threat: 'A roll of the dice'

Yahoo

time13-07-2025

  • Science
  • Yahoo

Experts deploy helicopters carrying over 500 tons of poison to eradicate dangerous island threat: 'A roll of the dice'

An invasive population of mice is wreaking havoc on Marion Island, a small island off the southern coast of South Africa, reported. The damage they've done to local seabird populations has grown so extreme that officials are looking to eradicate all of the mice in one fell swoop using an innovative method — rodenticide-laced pellets. Mice first arrived on the island two centuries ago, via sealing vessels, and they've been relatively minor pests for much of their time there. However, reported that a number of factors — namely, warmer temperatures that extend their breeding cycles — have created the perfect storm for an enormous mouse population. That population is, of course, hungry. The mice seek food in the form of bird eggs and even the birds themselves. Now, grisly sights can be found around the island, as mice gnaw for hours at a time on nesting albatross. The birds, who never evolved a defense mechanism against land predators, simply sit in place until they bleed out or succumb to infection. "These mice, for the first time last year, were found to be feeding on adult Wandering Albatrosses," said Mark Anderson, CEO of nonprofit BirdLife South Africa, per "Mice just climb onto them and slowly eat them until they succumb." According to warmer waters have also driven fish deeper and farther south, meaning adult birds need to travel further for food and return to their nests more exhausted, unable to endure the attacks. Additionally, climate-intensified storms have been wiping away nests with extreme weather. "Combined with the mouse attacks, these pressures make every breeding season a roll of the dice," explained. Marion is home to approximately 25% of the world's wandering albatross and 29 seabird species overall. However, given the severe threat posed by the mice, 19 of those species are now facing local extinction. This poses a significant risk to the entire marine ecosystem of Marion and beyond. According to a study published in the Ecological Society of America, seabirds play an integral role in their food webs, enriching plant and coral health through their roles as both predators and prey. How concerned are you about the plastic waste in our oceans? Extremely I'm pretty concerned A little Not much Click your choice to see results and speak your mind. Their guano, or dung, fertilizes the oceans with nitrogen and phosphorus, boosting plankton and fish populations. Without these stocks, the entire food web would suffer. Generally, any time that an invasive species wipes out a native plant or animal species, it risks throwing the entire ecosystem off balance. This jeopardizes the natural functions of that environment, including air and water filtration, food production, carbon sequestration, and disease control. It can also cost billions, or even trillions, of dollars to local economies. To address the issue, an initiative called the Mouse-Free Marion Project is looking to wipe out the island's mice all at once, leaving no chance for the species' recovery. The plan? Using helicopters to distribute 600 tons of rodenticide-laced cereal pellets. It may sound drastic, but conservationists argue that drastic is now the only possible approach. "We have to get rid of every last mouse," Anderson explained to "If there were a male and female remaining, they could breed and eventually get back to where we are now." Currently, the program is fundraising, as it comes with a hefty $29 million price tag, and hopes to deploy its "bombs" in 2027. Join our free newsletter for good news and useful tips, and don't miss this cool list of easy ways to help yourself while helping the planet.

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