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I am a qualified Attorney. I specialise in Property Law, Commercial Law, Corporate Law and Trusts.
 
Please visit our website at www.prop-law.co.za for more details.
 
I am an elected Committee Member of the Property Committee of the Association of Pretoria Attorneys and through my involvement, I like to ensure that I am constantly at the "sharp-end" of Conveyancing Practice.

I am the elected Chairman on the Gauteng Council of SAPOA. The South African Property Owners Association (SAPOA) is the biggest and most influential institution in the property industry. SAPOA members control about 90% of commercial property in SA, with a combined portfolio in excess of R150 Billion (about $22 Billion). I am also on the National Council and the National Legal Committee of SAPOA.
 
Member of the Institute of Directors South Africa and Member of the Sirdar Governance Panel.

08 September 2014

Land plan: Time to take a much closer look

Land plan: Time to take a much closer look

There's no doubt that the timing of the latest announcement about government's plans to limit foreign property ownership in SA was bad, and has done nothing to improve investor sentiment or business confidence.

'What is worse, though, is that Rural Development and Land Reform Minister, Gugile Nkwinti, has never really explained the thinking behind the proposed new land legislation in public, even though it has been on the cards since at least 2011, so we don't actually know whether the reaction it has engendered is too harsh - or perhaps not harsh enough,' says Berry Everitt of Chas Everitt.

'What if, for example, it is not really motivated by what we in the real estate industry tend to think of as 'foreign buying' - that tiny but high-profile percentage of home and farm sales per year that is mostly concentrated in a few high-end areas of the Western Cape and Johannesburg - but by something else entirely?'

Writing in the latest Property Signposts newsletter, he says:'In my opinion, it is quite possible, for instance, that the real drivers of this legislation are two quite different concerns - the first being SA's food security over the next 15 to 20 years, and how this could be threatened if a large percentage of the country's productive farmland was to be acquired by foreign companies or even countries intent on using it only to grow food for export.

'Certainly, this type of corporate 'land grab' is already happening all over Africa as certain rich countries and big agribusinesses prepare to meet - and profit from - the global food shortages they see coming as a result of climate change. And last year, a chief director in the land reform department, Sunday Ogunronbi, did say at a meeting of farmers and farm workers that the government was 'determined' not to allow that to happen here.'

Secondly, says Everitt, the new land legislation that will restrict new foreign investment in SA property to a 30 or 50-year leasehold ties in strongly with the fact that the government has just opened a new five-year window for land claims, and is also revisiting the question of how it will acquire (expropriate) and distribute land to meet its land reform goals.

'Obviously, having a lot of land in foreign hands would make this process much more complicated than it already is.'

'Meanwhile,' he says, 'we all know that there are also many, many potential benefits to be derived from foreign investment in property - and other sectors - if these are properly managed.For examples of what can be achieved, we can just look at what Mauritius has done with the money earned from its IRS and RES property investment schemes for foreigners; or at Australia, where foreign investors can only buy into new housing developments, or at the many European countries that have used 'golden passport' property investment plans to help rescue whole economies in recent years.

'And if we do that, it becomes evident that the legislation currently being proposed is not only badly timed but a horribly blunt instrument. Surely as Africa's leading nation, we could - and should - find a better way to approach and manage this issue?'

Chas Everitt Press Release

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