We, the delegates at the National Land Indaba organised by the South African Council of Churches and the National Land Committee, recognise that the South African land reform process is not delivering land, social justice or livelihoods as anticipated.

We note with concern the following key limitations in South Africa's Land Reform process:

• Existing policies are inadequate and inappropriate. This inadequacy manifests itself through the absence of a communal land tenure policy, the inability of existing farm tenure legislation to protect farm dwellers, and the lack of clarity as regards a redistribution process focusing on the poor and their multiple needs for land.
• We further note the frustrations and lack of progress emanating from unwieldy bureaucratic procedures.
• The hostility towards and disregard of laws that aim to protect farm dwellers (such as the Extension of Security of Tenure Act, the Interim Protection of Informal Land Rights Act and the Labour Tenants Act) by the criminal justice system and some landowners.
• The budget allocations for land reform are inadequate and are aggravated by continuous underspending by the DLA. Such underspending exacerbates the lack of capacity within government for equitable land reform.
• Poor information dissemination and a lack of national consciousness with regard to land has led to the continued abuse of human rights, particularly of the weak.
• The lack of integration between spheres and departments of government.
• The substitution of white farmers with black commercial farmers does not necessarily lead to a fundamental change of relations in the countryside, nor promote more equitable access to resources.
• The lack of reliable data on land ownership and use in the country, which could enable more careful monitoring of land reform as well as the identification of appropriate land for redistribution.
• The concentration of ownership of land by a few. This is usually accompanied by significant underutilisation.
• The increasing foreign ownership of the land.
• The criminalisation of the landless poor when driven to occupy land through desperation.

We believe that the above is as a result of the following factors:

1. the property clause in the constitution which entrenches the rights of the landed and acts as a constraint to the redistribution of land.
2. the government's choice for a market led land reform programme.
3. the government's macroeconomic policy (GEAR) which further entrenches the "willing buyer - willing seller" principle and leads to the commodification of land.
4. production for profit and exports instead of satisfying national food security for all.
5. government's allowing the forces of globalisation to dominate over national needs.

In light of the above we believe some of the key principles that must inform a comprehensive land reform process are the following:

1. equitable distribution of land is the corner-stone of social justice, reconciliation and democracy.
2. rights in land should rest with the direct users of land and not institutions.
3. land is an inalienable national asset (citizens have first priority for access to land, rather than foreigners).
4. access to land is a basic human right.
5. land reform is both a historical and political imperative.
6. access to land must lead to the promotion of sustainable livelihoods.
7. access to land should serve the multiple needs, including housing and cultural practices as may be decided by communities.
8. land reform for food security must take precedence over profits.
9. women must enjoy equitable rights in land, including access to land.

We propose that the following mechanisms be explored as a way out of the current paralysis in land reform:

1. land expropriation as per the constitution, including the land of absentee landlords, unutilised and underutilised land.
2. encouraging the practice of giving the state first option in accessing liquidated farms for use in promoting equitable land reform.
3. the expropriation of land used by the apartheid security forces as places of interrogation, torture, murder and burial of activists. This will be a critical act of reconciliation and reparation.
4. ceilings on the size and number of properties owned by individuals.
5. a five-year moratorium on land sales to foreigners.
6. develop an inventory and database of all land in the country, in order to expedite equitable land distribution.

In pursuance of the above we commit ourselves to:

1. form a working group that will take the process forward.
2. canvass for the support of our organisations in implementing the outcomes of this Indaba.
3. persuade our organisations/churches to own the process of equitable land reform.
4. engage in a national campaign that will enhance equitable land reform.
5. work with other organisations and government in ensuring that the South African nation develop a national land consciousness.
6. cooperate fully in just processes towards equitable land reform.

We remind the government of its commitment to convene a national land summit during the first quarter of 2002 and pledge our participation in the summit and in national efforts to ensure just and equitable access to land.