Weakness Of Willing-Seller, Willing-Buyer Principle

The willing-seller, willingbuyer principle has been blamed for delays and other failings in South Africa’s land reform programme. Veteran attorney and land matters expert, Bertus van der Merwe, says this is a fallacy, and that government ineffectiveness is largely to blame for these problems.

- Bertus Van Der Merwe

"Since 1994, the Constitution of the Republic of South Africa has obliged the state to address the issue of land reform. The government has thus been responsible for this task for 23 years, but has failed in its obligation.

The Restitution of Land Rights Act and the Labour Tenants Act were promulgated, along with other laws, to give effect to land reform. These acts provide for so-called claim-based land reform. Since 1994, the state has been obliged to acquire land for the benefit of claimants, once their claims have been proven legitimate.

Although the law entitles owners of land being claimed to participate in the claim processes, it is obvious that such claims are against the state and not against the current individual landowners. However, by virtue of the landowners’ constitutional rights to their property, legislation compels the state to pay just and equitable compensation to these landowners if their land is claimed successfully.

UNWILLING SELLER, UNWILLING BUYER

At no stage ever was any land claim by legitimate claimants dependent on the decision or election of a willing seller. The owner of successfully claimed land is compelled by law to part with this land and is often an unwilling seller. Similarly, the state is compelled by legislation to acquire such land and is thereby an unwilling buyer.