MODDERKLIP KRY WEER ‘N BESOEK VAN ANC-REWOLUSIE

Ons het dit goed gedink om, in die lig van die ANC se versnelde grondgrypprogram na 12 Julie, die horlosie terug te draai na 3 Junie 2005, kort na die berugte Modderklip-uitspraak, ‘n uitspraak wat net mooi ‘n ronde nul beteken het vir die Afrikanervolk se eiendomsekerheid in sy eie vaderland.

Ons voer aan die gebrek aan optrede van owerheidsweë in hierdie bepaalde saak dien as bewys dat enige hofuitspraak wat die sogenaamde georganiseerde landbou (Agri SA en TLU SA) in die komende moeilike dae en maande mag afdwing om eiendomsreg te verseker, met ‘n knypie sout geneem moet word.

Anders gestel: Die sogenaamde Suid-Afrikaanse regstaat is reeds onherroepelik in sy wese aangetas en howe se uitsprake sal in die komende dae eenvoudig uit die NDR se pad gestamp word.

Let ook op die valse troos wat deesdae se Joodse president van die SA Reserwebank en spokesperson of the South African Communist Party Gill Marcus, aan die einde van die berig bied:

South African property owners and investors can take greater comfort in their property rights from the latest Constitutional Court judgment and comments from leading South Africans.

And, says Anton de Leeuw, CEO of independent property educationists YDL, these will be further strengthened when Parliament changes the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

Earlier this month, the Constitutional Court ordered government to pay damages to the owners of Modderklip farm in Gauteng because it had not moved 40 000 squatters from the property.

"But as important was the process of confirmation of the owner's property rights," says de Leeuw. "The Johannesburg High Court evicted the tenants, but the Ekhuruleni Council did nothing. The case was taken back to court, the evictions were confirmed and the Council ordered to do something. The government took the case to the Supreme Court of Appeal and lost. Then they took it to the Constitutional Court and lost.

"This aspect of property rights in the constitution has thus been thoroughly tested and the outcome is that the rights of property owners have been confirmed."

De Leeuw also cites former deputy governor of the Reserve Bank and current professor of business studies at Gordon Institute of Business, Gill Marcus, who told delegates to last week's Sapoa conference: "We have a unique environment in the property sector that is very, very positive … with a framework of property rights rooted in constitutional law."

Other property law and procedures – the deeds registry offices, for instance – make ownership one of the clearest and most secure in the world, De Leeuw says.

"And despite its history in social activism, our government recognises the importance of property ownership. The Rental Housing Act, for example, recognises that government relies on private landlords to provide most rental accommodation in South Africa. The Act says clearly that the landlord is entitled to a reasonable return on investment, and is designed to protect the owner's interests as much as the tenant's."

"Government is also fully behind expanding the existing house market into the inner cities and former townships to give all property owners the opportunity to build their wealth through their homes.

"We are not without problems. The unexpected interpretation of the PIE Act is giving landlords, often in high rent areas, problems. Lack of education and property knowledge is a major cause of deteriorating conditions in some inner cities and townships.

"But generally we should all agree with Gill Marcus that our property environment is very, very positive."