Land News

AFRA responds to the ANC’s resolution to dissolve Ingonyama Trust

Monday, 05 February 2018

Cartoon StripDesign by Jono Hornby

Statement issued by the Association For Rural Advancement (AFRA) Communications Advocate, Nokuthula Mthimunye.

It has been widely reported that the ANC resolved, at its national conference in December 2017, that traditional leaders should relinquish custodianship of the land held in trust by the government and transfer the land in traditional holdings to people who live on it.

The ANC’s resolution followed the release in November of a much-anticipated report by Parliament’s High Level Panel on the assessment of key legislations and fundamental changes.

The Panel recommended that the Ingonyama Trust Act be repealed or amended and that the Ingonyama Trust, of which Zulu King Goodwill Zwelithini is the sole trustee, be dissolved.  These recommendations were based on detailed research reports, expert testimony at a series of focused roundtable discussions, and the testimonies of close to 10,000 people who attended public hearings across the country.

Both the ANC and the High Level Panel proposals have been strongly contested by the Zulu monarch. Just days after the High Level Panel report was released, the Ingonyama Trust ramped up its campaign to persuade rural citizens to convert their existing land rights, documented in Permission to Occupy (PTO) certificates, to long-term leases. These leases carry a range of new conditions, and can be cancelled for non-payment or other violations of the contract.

The Ingonyama Trust takes in over R90 million a year in income from leases, according to its 2015/2016 financial report submitted to Parliament. The rent it receives in terms of leases is significantly more that it would receive in terms of PTO’s. For example, trusts received approximately R100 annually in terms of residential PTOs but receives on average R1000 annually in lease agreements. It is clear, therefore, that signing lease agreements has increased the revenue of the Trust. There is also no evidence in the reports that any substantial share of the income has benefited ordinary residents. Continue reading