EWC a threat to SA democracy – IRR

The renewed push for expropriation without compensation (EWC) poses more than a threat to South Africa’s economic prospects; it is a threat to the country’s future as a constitutional democracy, says the Institute of Race Relations (IRR).

The recently signed Expropriation Act has been presented as a “land reform” measure. This is incorrect, as the legislation relates to all property. The issue here is therefore not only land but property rights as a whole.

Widespread confiscation of property has historically been associated with the erosion of constitutional and democratic norms. This danger should not be taken lightly.

“Property rights are part of an overall regime of human rights,” says Terence Corrigan, Project and Publications Manager at the IRR. “Such rights provide an anchor for people to exist outside state patronage and control. This makes independent political activity possible. Infringing on property rights shrinks this space and enables state coercion.”

Corrigan points to previous IRR work that demonstrates the link between constitutional democracy, human rights and property rights. These include a 2021 study A True “Human Right”: Why Property Rights are Indispensable, which shows this relationship as it concerns Africa and its institutions; as well as a 2020 study which examines the issue as it concerns women and gender equality, Property Rights Belong to All: Women and Property Rights in Sub-Saharan Africa.

“This is not to disparage programmes like land reform,” Corrigan notes. “These may be supported provided they provide the economically excluded with assets, and actual ownership.”

The idea that property could be confiscated to drive “justice” is a pernicious idea. Indeed, in South Africa, the trajectory has been for the state to hold property – particularly land and housing stock – rather than transferring it to the nominal beneficiaries.

This has had the effect of keeping people as tenants who are dependent on the state.

“In countries as diverse as China, North Korea, Zimbabwe and Venezuela, degraded property rights have either undermined democracy or fortified autocracy. This is frequently the intention,” says Corrigan.

Corrigan also cautions that the economic damage that would follow property seizures would exert another destructive influence on democracy. “Afrobarometer has shown that frustrated South Africans would be all too willing to surrender democracy for economic and physical security – close to three quarters in the latest poll. All who are invested in the survival of South Africa as a constitutional democracy should take the threat of EWC very seriously,” he concludes.

Media contact: Terence Corrigan IRR projects and publications manager Tel: 066 470 4456 Email: terence@irr.org.za  

Media enquiries: Michael Morris Tel: 066 302 1968 Email: michael@irr.org.za