Land Reform and Rural Development Minister Mzwanele Nyhontso has defended the new regulation mandating that individuals disclose their race and gender to facilitate property transfers in the country.
Nyhontso reassured parliamentarians that the regulation, which will be used for statistical and land audit purposes, would not be used to discriminate against any race.
“This regulation is going to be used to understand the land and to understand who owns the land, so that we are able to audit the land in this country.
“By the way, even if you are buying a car, even if you are in the bank, you still have a form. Even if you are at the Office of Home Affairs, you are asked this question. Are you an African? Are you white? Are you Indian?,” he said.
Nyhontso said the use of the form did not mean this was apartheid against others.
“The land must be known, who owns the land because this land remains the land of the African people,” he said.
Nyhontso was responding to a question from DA MP Mlindi Nhanha during the oral question session in the National Assembly on the legal and/or constitutional basis for making the disclosure of race and gender mandatory requirements for the transfer of property.
He told the MPs that he has submitted a bill to the portfolio committee and that this has to go to Cabinet and then come back in Parliament.
“At the end of the day we must be addressing this land issue, which is called the equitable land access bill.”
Asked how his department will monitor and enforce compliance of the new regulation, Nyhontso said the Deeds Registration System will prevent any deed of transfer that does not comply with the new requirement that persons must provide demographic data, including race, during land transactions.
He explained that the form will compel persons to divulge every detail, whether it’s their ID number or the race or whether they are a foreign or a local person.
“With that, we are going to be able to know that this data is legitimate.”
Nyhontso was asked if the intention of the new regulation was geared to know the land ownership patterns in South Africa.
“As things stand, it is difficult to know exactly who owns the land in South Africa hence this regulation. And even this regulation is saying we must register land ownership but not register retrospectively.”
MK Party MP Andile Mngxitama said the question by Nhanha showed the DA’s nervousness towards transformation.
Mngxitama said land was stolen from black people and it must be returned to the rightful owners who are black people, including women.
“If we do not measure land returned by race and gender, how will we know if land is being returned to its rightful owners and at what rate?”
Mgxitama also said there was nothing unlawful with race and gender redress.
“Your partners in the Government National Unity (GNU) are simply nervous around transformation. Do you agree?” he asked.
In response, Nyhontso said he would not respond on behalf of his GNU partners.
“I agree with you that transformation must happen and it must be known who owns what (land) and where in South Africa,” he said.
Meanwhile, Nyhontso revealed that R26 billion has been paid for land returned in restitution cases and R27 billion in financial compensation to victims of land dispossession, since 1994.
“If people are claiming or have lodged a claim, we give them an option whether they are opting for money or they are opting for land. That is why we have been discouraging people from choosing money over land.”
He noted that some beneficiaries preferred to be paid money and it was their decision to do so.
“They believe that when we give them money over land, they are benefiting.”
