Presidency explains foreign land ownership plans

Presidency explains foreign land ownership plans

2015-02-15 12:17

Cape Town - Following President Jacob Zuma's announcement of the land holdings bill, a new proposed law that will prohibit foreign ownership of land in the country, in the State of the Nation address on Thursday, the Presidency has issued a statement to explain what this would involve and why.

Once the bill is assented to by the president, foreign nationals can only be entitled to long term leasing of land with a minimum of 30 years and will not be allowed to buy land in South Africa.

The bill will also regulate the amount of land that any individual can own, the limit being 12 000 hectares- an approximate equivalent of two farms. If any single individual owns above that limit, the government would buy the excess land and redistribute it.

The bill will soon be sent to cabinet for approval, after which there will be a process of public consultation and thereafter it will be submitted for the necessary parliamentary procedures before being assented to by the president.

The practice of limiting land ownership by foreign nationals and juristic persons is an established practice internationally.

READ: Confusion over ban on foreign land ownership

According to the proposed policy:

- Foreign nationals and juristic persons are understood as non-citizens as well as juristic persons whose dominant share holder or controller is a foreign controlled enterprise, entity or interest. Hence not all immigrants to South Africa will be excluded from land ownership;

- This category of foreign nationals that are non-citizens will not be able to own land in freehold from the time the policy is passed into law. They will be allowed a long term lease of 30 to 50 years.

- It is recognised that this cannot apply retrospectively without constitutional infringements and as such those who have already acquired freehold would not have their tenure changed by the passing of the proposed law;

However, in such instances the right of first refusal will apply in favour of another South African citizen in freehold or the state if the land is deemed strategic.

- Furthermore, environmentally and security sensitive lands as well as those that are of historic and cultural significance, and strategic lands (for land reform and socio-economic development) will be classified by law and land ownership by foreign nationals (non-citizens) in these areas will be discouraged;

- The policy will be affected through a call for compulsory land holdings disclosures. These disclosures will be in terms of race, nationality, gender, extent of land owned and its use. The process will be managed through a Land Commission, established, amongst others, to call for these disclosures, collect and assess the information and maintain it in collaboration with the national deeds registry.

READ: Foreigners won't be allowed to own land in SA

The problems the Presidency says this policy seeks to address include:

- The need to secure SA's limited land for food security and address the land injustice of more than 300 years of colonialism and apartheid. 45% of the population (23 million South Africans) live on or below the poverty. 58% of these poverty stricken people are in rural areas;

Access to a land allotment for households and rural entrepreneurs and enterprises has shown to go a long way in addressing equity and poverty (two of SA's triple challenges).

- Furthermore, in many instances high value agricultural land has had its use changed to luxury and leisure uses and environmentally sensitive lands have also been inappropriately developed;

- In some parts of the country escalations in prices have been experienced, which have made land in these areas inaccessible to citizens;

- The proposed policy makes provisions for exemptions to access lands in classified areas based on certain conditions, primarily developmental.

ALSO READ: Zuma lost GPS signal on land ownership - business

  • Buzz McBar - 2015-02-15 12:28

    So this law will be applied equally to all the Zimbabweans, Nigerians, Congolese ... Oh wait, they don't own any land, they only squat on it.

      Geoff Anderson - 2015-02-15 12:51

      And the Guptas or doesn't it apply to friends ?

      Jacqui Daane Van Rensburg - 2015-02-15 13:55

      Buzz McBar, don't forget the Chinese.

      Fadzai Chiriseri Mutonhodzi - 2015-02-15 22:04

      I am a Zimbabwean , I don't squat. I own a house.

  • Glen McKillop - 2015-02-15 12:31

    Has anyone ever assessed the fact that South Africans breed like rabbits and there are a thousand times more people today than there were 100 years ago? We need a "one child policy" like China, instead of handing out billions worth of social grants every year.

      Genet Joobs - 2015-02-15 14:26

      Well said, and I agree completely. These grants are truly unsustainable.

  • Ian Murray - 2015-02-15 12:35

    This is the thin end of the wedge to exclude whites from owning land. We all know its coming. The ANC does not define whites as proper South Africans, once this is done Indians and coloureds are next. How does this law apply to the Zulu king?

      Buzz McBar - 2015-02-15 12:44

      Ian, sad but true. Unfortunately white South Africans lack the will to do anything about it ( possibly because we are too busy at work and don't have hours in the day to do nothing like those living off grants) and will just stand by and watch it happen....

      Letlhogonolo Segoe - 2015-02-15 13:50

      Not only can you tell the future of what is going to happen. You can also read minds. You will go far with your talent.

      Zimbawean - 2015-02-15 20:59

      Mr. Segoe. Having been down this road before, no mind reading is neccesary, just to look at the history of our continent. There is an increasing movement within the ANC to marginalise my ability to run my business here. They will not be happy until it is broken & dismantled & everyone I employ are on the streets joining the masses futiley seeking gainful employment. This may be un-intentional - however, I doubt it - but the effect remains the same.

  • Lynette Snyman - 2015-02-15 12:35

    Goodbuy food!!!!!!

  • CyberDog Breath - 2015-02-15 12:40

    "Once the bill is assented to by the president, foreign nationals can only be entitled to long term leasing of land with a minimum of 30 years" - Wow, so all the foreigners who have time share, or want to lease anything for a holiday are fcked. Clearly another well thought through law, not in any way another brain-fart like e-tolls. oh, wait... "The practice of limiting land ownership by foreign nationals and juristic persons is an established practice internationally." - By all means please give some examples, other than the middle east.

      Buzz McBar - 2015-02-15 12:42

      By international, he means Zimbobwe....

      Michael Wilson - 2015-02-15 13:01

      Thailand? Japan?

      Jean-Pierre De Lapelin Dumont - 2015-02-15 13:07

      These are some of the (more notable) countries that limit or prohibit foreigners from owning land/property: Denmark Switzerland Thailand Mexico Canada Turkey

      Bula SA - 2015-02-15 14:31

      And to follow up with JP DuMont there is growing opinion in the UK that foreign ownership (by wealthy individuals) is counter-productive. And I thikn there are more that could be added to the list (e.g. Singapore?). So in itself the policy is not necessarily one established by only mad men. But I agree with Frazer that it is based on a false premise. '300 years of colonialism' - does that include Zulu and Xhosa invasions of land in parts of SA? The real problem is 1) How our beloved genius incorruptible government implements this - obviously some 'comrades' will make tons of cash out of it 2) More worryingly, what his means for further changes in the next few years once this law does not magically create wealth out of nothing. A slippery path that the likes of Malema will help us slide down. Combined with R1trn to build nuclear plants (I hope that includes maintaining them) - some very worrying decisions

      Bula SA - 2015-02-15 14:37

      JP DuMont - do those countries also exclude 'juristix persons' (which I guess is companies' from owning land if there parent is 'foreign'?

  • Johan Nothnagel - 2015-02-15 12:48

    The liberation of south zimbabwe (previously called "South Africa) has started.

  • RabbleRouser - 2015-02-15 12:51

    This is just a red herring. Only 3% of land in South Africa is owned by foreigners. And only 2% of annual sales are sold to foreigners. So foreign owned land is not the problem. It's just a way of making it look like they are doing something in compliance with the Freedom Charter. It's just a smoke screen.

  • Hennie de Ruyter - 2015-02-15 12:54

    So if I own a farm in a mountainous area with only a limited number of area flat enough for farming, can I sell all the mountainous parts to the govt so that I only retain the farmable parts. Good idea and good luck to the new farmer who get to own a mountain. I cannot wait see how a BEE farmer will do in the Karoo on a 12000 hectare piece of semi-desert!

  • Bob Parnell - 2015-02-15 12:55

    Goodbye Guptas

  • Stefan Van Rensburg - 2015-02-15 12:56

    The ban on "foreign" ownership in order to "secure" food security (and whatever else, including all sorts of misrepresented "injustices") is beyond my comprehension. When these law makers wipe out their eyes, they might just find that the foreigners secured the country already and their "address" of the fraudulent injustices comes to the same as (say) e-tolls. I flatly refuse to become a slave of this government. You are not governing, you are dictating. If I have an off shore account and I want to invest as a "foreign" entity, how can you deny me? Ask any communist infected country what will happen, sooner or later. And then you dare to call this a "democracy". Beware: the enemy at the gates might just buy you out.

  • Gerald Raath - 2015-02-15 12:58

    Perfectly reasonable IMHO, a lot better option for getting more land into local empowerment programs. Just remember: share it or lose it, or the alternative will be like mad Bob's lot

      Bula SA - 2015-02-15 14:35

      If you could trust the govt to implement it fairly and objectively then maybe it would seem reasonable. But can you? And then there is the timing. We've just told investors 'by the way, we haven't got any electricity for your business' and now we're telling them 'by the way, your company can't own land here'. Great message. Not.

  • Michael Boucher - 2015-02-15 13:00

    But still the Chinese are building a city themselves near Delmas. Will nr. 1 throw them out or are they welcome to own that ground? Mark my words - The Chinese will own all the ground eventually. S.A. has been sold to them. This method is to chase away the other owners so that the Chinese can have it all.

      John Jones - 2015-02-15 14:11

      For this reason BRICS is our downfall. Chinese will prosper in SA, and Africa in general.

  • Shaun Theron - 2015-02-15 13:01

    Start with golf courses! Lots of water and lawns! Just needs houses on them!

      gerasimos - 2015-02-15 14:41

      Hey Shaun did your inability to play golf eventually get the better of you?

      Wullie Mack - 2015-02-15 18:30

      and lose out on millions of rands that they bring in taxes to this country,,What a idiot,,

  • Uwe Bachmann - 2015-02-15 13:02

    Skattie pak die karavaan, dis tyd om te trek!

      John Kahn - 2015-02-15 13:15

      Yes, but you need a boat Uwe

      Milton Webber - 2015-02-15 14:30

      Vluchten kan niet meer, 'k zou niet weten hoe Vluchten kan niet meer, 'k zou niet weten waar naar toe Hoe ver moet je gaan? De verre landen zijn oorlogslanden Veiligheidsraadvergaderingslanden, ontbladeringslanden, toeristenstranden Hoe ver moet je gaan? Vluchten kan niet meer

      Miranda Du Toit - 2015-02-15 19:09

      No way. This is my home and the home of everything I love. I have full confidence in the people. It is only one thing. This guy that is called Zuma. What? I can't believe a word coming out of the mouth a rapist and criminal. I do think the anc must be thinking of a way to get him out. I think he is our common enemy. I must believe sanity will provide us with some answer here.

  • Phillip Marchant - 2015-02-15 13:06

    The article should headline "ANC ELECTORATE DESERTS HANDS OVER FIST - PRESIDENCY DESPERATELY DIVES INTO POPULISM DRAWER". If this bunch of clowns couldn't hammer the POSIB through parliament, what chance of this non-starter? No, the ANC have no intention of changing any land ownership laws (for how many of them would have to relinquish their newly acquired string of fums), rather it is another desperate attempt to capture the attention of their fast dwindling following. It is a constitutional no-brainer, and South Africa would need to become a one party state first, where land ownership would be least uppermost in our minds. Jacob Zuma and his corrupt ilk, who drink from hand-cut crystal the blood of those thousands of children of the poor who die from infinitely preventable ailment because the ANC stole the money for their care are on the run, and free South Africa must seize this moment with great vigour and relish. There must be no let up of the assault on the ANC, until that whole criminal organization goes down, and Jacob Zuma and his fellow murderers are safely behind bars. It is this moment that Jacob Zuma fears most and the one he sees fast approaching, with every waking hour. This latest shenanigan is merely another one out of the bottom drawer, which he foolishly thinks will buy him some more time to breathe fresh air. He knows the mongrels who were once his fellows, are ready to throw him to the wolves, in a desperate quest for their own survival. Come that day!

  • Starletha King - 2015-02-15 13:09

    What foreigner is going to want to invest now? No-one, that's who.

  • Shirley Deysel - 2015-02-15 13:15

    Yip!!! Plenty of China Malls going up all over..... What happened to all the farms that used to be???? Nothing!!! Why???? These ignorant asswipes don't know the first thing about anything and don't really care. As long as they can cheat, lie and steal then it's " What the Hell".

  • Rob Wilson - 2015-02-15 13:21

    The foreign ownership is a red herring. It is much more important that arable land does not fall into the hands of termites who engage in subsistence habits and uncontrolled squatting. Which 1,000 Ha of my 13,000 Ha are you going to buy? That krans over there?

  • Erns Kleynhans - 2015-02-15 13:21

    Can anyone explain to me how this will eradicate poverty?

      Craig Jenny Mackenzie - 2015-02-15 13:34

      Yip it will only aid in getting more Nkandlas being built

  • Miriam Kruger van Wyk - 2015-02-15 13:28

    What happens now in a mixed " citizenship marriage/partnership" eg SA Citizen spouse/partner passes on and leaves his/her assets, including property, to their non SA Citizen spouse/partner. What then happens?????

  • Mario Barnard - 2015-02-15 13:33

    More social engineering by a political party that has far more vulgar motives that what the Nationalist party ever had! We are SO screwed!!!!

  • Akuku Juju - 2015-02-15 13:37

    Australia is implementing the same policy they are trying to safeguard the land from the Chinese. Germany has same policies.

      Adarsh Prabhu - 2015-02-16 11:04

      Mind your own business...

  • Braam Compion - 2015-02-15 13:39

    Come and take it....we will leave it as we found it with nothing on it

  • Rob Wilson - 2015-02-15 13:48

    Foreign ownership is not an issue. Making sure that land is used optimally is an issue. Splitting farms up will not help. Zoning usage will. Arable land with water available should be tilled and used for food production at a size that makes it viable and sustainable. I think that if one took the threats away, this is what we would find is the case. Less than 10 pet cent of SA is arable at all, and even less has sufficient water to sustain farming activity. THAT is why we have game farms-they create more jobs than overgrazed dirt.

  • paul.john.790256q - 2015-02-15 13:48

    This policy has successfully been implemented worldwide...the biggest being India. I think it is a good step forward

  • Graham Grant Hayward - 2015-02-15 13:50

    There's a free-market for everything out there.Don't be foolish.Be ready

  • Izak Nieuwoudt - 2015-02-15 13:50

    Love how self-proclaimed "Educated South African" again are wailing and trying to convince everyone else that its time to run screaming for La La Land. Educated South Africans will understand that this proposed bill is far from being law and has about as much chance of being implemented as what we have a chance that Mr (not deserving the title President) Zuma has to "pay back the money" The last how many years were grand claims and promises made during various speeches and how little was delivered on. Name one policy that involve a change to the Constitution that was implemented in Zuma's term? This "Bill" will be contested, redrafted and eventually be dragged to the Constitutional Court like so many of the ANC's other "bright ideas"

  • Phofane Mathews Mahlase - 2015-02-15 13:51

    South Africa belong to South Africans, we have been controlled by outsiders for long time now, they own means of production, we own nothing, black, white, Indians, and others South African we subjected to own little huge profit goes out of the country, i support the policy

      Adarsh Prabhu - 2015-02-16 11:09

      'Mathews', that's European name. You can't use it now since your ancestors were subjected to oppression. Think that is a reasonable call?

  • Joseph Snow - 2015-02-15 14:04

    What of permanent residents? They are not citizens

  • ian.borradaile - 2015-02-15 14:04

    Any indication as to how this policy applies to residential property\urban homes?

  • Danie De Jonge - 2015-02-15 14:05

    Nkandla money could have been used been used to build houses for people. That they were promised 20+ years ago. How many people where helped with that money. Only one. And they keep on voting for him. He and all his buddy live in mansions. Drive 600 000 cars. And still. They cant see whats going on. And just one question. say theres 2 farmers one black and one white and both of them own 20000 hk land. Will both of there land be bought from them. Or do they still play the ras card there...

  • Xenswim1 - 2015-02-15 14:05

    Sadly I note that there is provision for Households too. Could this be the thin edge of the wedge.

  • Mohammed Siddique Kadwa - 2015-02-15 14:15

    Why is this a problem? This is one of the best pieces of news I've heard this year. We need to address the land issue once and for all before all the whites get kicked out like zim. Since the government is going to buy back the land its a win win situation. Don't complain, the alternative is a lot worse- expropriation without compensation!

      Nu Vérité - 2015-02-15 16:33

      You have a huge surprise waiting if you think we'll allow you to kick us out or take our land, Fact!

  • Danie De Jonge - 2015-02-15 14:16

    And they must start with gov. owned land. And buy it back from all the tax payers in south africa. Refuned all of a part of the money.

  • Vince Muller - 2015-02-15 14:17

    Hopefully foreign nationals will pay our price plus their currency.. South African citizens cannot compete with their strong currency..

  • Robert Barrie - 2015-02-15 14:20

    Foreigners create the wealth in this country and every other African country. Those countries from Ghana in the 50's and Zim as examples had only poverty when the foreigners left. Foreigners create jobs, markets and pay the ANC masses which are not stealing like Zuma and his cronies. Black farmers and farms are complete disasters and they contribute little if anything. That is why whites and foreigners worry - they contribute

  • Sphiwe Sinwamali - 2015-02-15 14:27

    What about those foreigners hu hold southafrican I'd and they own RDP houses and some have two house which they renting and they moved e to buy a bond house somewhere else, what are you going to do about it????

  • merkwaardig - 2015-02-15 14:29

    Has there now been a shift in land restitution from apartheid era forced removals to 300 years of COLONIALISM? I.e., any land lost in wars or legitimate trade can be identified as colonialist acquisitions, and forcefully "purchased" under the unwilling seller premiss? Isnt African "business" wonderful?

  • Craig Nel - 2015-02-15 14:31

    What rubish now colonialism is a factor . focus on what is relevant now

  • Dakalo Gerald Mafuka - 2015-02-15 14:35

    And how much is it for dem(foreigners) to bribe to be S.A citizens again? #even_Mugabe_can_wake_up_a_citizen_in_S.A

  • Bonginkosi Mchunu - 2015-02-15 14:50

    Ohw again another step-up South Africans big up to that and those who wanna leave plz do so

      Ian Calder - 2015-02-15 17:55

      Such a small little mind

      Ian Calder - 2015-02-15 17:55

      Such a small little mind

      Ian Trenor - 2015-02-16 09:36

      @Ian hence the shocking state of SA and the African continent.

  • Rhys Nolan Evans - 2015-02-15 16:05

    "Heh, why should I have to lease Nkandla when these foreigners get to OWN land? My Master, President Xi Jinping once told me that the Asians do not allow foreigners to own property! We should be the same! This MUST be the reason for Chinese economic success!" - Jacob Gedleyihlekisa Zuma, Bane of the Taxpayer.

  • Jimmy James - 2015-02-15 16:10

    Soon a land grab should take place....The land no longer belongs to the occupier of Nkandla.

  • Cronje Fourie - 2015-02-15 17:08

    To the many who shout how they will fight against their land being taken away...Zim farmers said the same...A family of 5 cannot fight a mob of 1000

  • Johan Diedericks - 2015-02-15 18:18

    Be very,very wary of this giggling individual! Check his doings in the ANC camps in the 70`s 80`s and 90`s!

      Wullie Mack - 2015-02-15 18:53

      Yes he had 100s killed and murderd a few his self,,Facts,,

  • Mark Hanesworth - 2015-02-15 21:04

    Zum sun zum. Pleasa paya da money back dat you owa da taxpaya before you wanna maka da land policy. You stola da money for da land you own. Betta even you donate da land to da state.

  • Ben Jamine - 2015-02-15 22:37

    Blah blah blah

  • Ian Trenor - 2015-02-16 09:27

    Who in their right mind wants to own land on a sinking ship

  • James N Catherine Coackley - 2015-02-16 09:40

    Who is "the presidency"?

  • Chris Meyer - 2015-02-16 10:26

    And meantime the chinese are bying land

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