Who Dispossessed the khoisan?

What property is

• Every person’s fruit of labour ... is only ‘something’ when someone has legal ownership of it [Rose Lane, 1943]

Property is a right• “I believe, further, that right

to property is just as much in the interest of the poor as in that of the rich...” [Frederic Bastiat,1840]

A natural right i.e.• According to John Locke,

man generally thinks and acts as an individual to assert ‘natural rights’ – property rights are an extension of these natural rights.

So?• I use land, since it is one of the

most abused, contaminated, misunderstood, diluted and if not fractured context of property as a ‘right’.• We can talk about trade marks,

works of art, books, shares, music etc at another forum!

A crisis of unequal partnership

Roots of acquisition • C.J. Rhodes was “impelled by

his dream of imperial expansion [A.J. Wills, 1964] so..• Lobengula was ‘promised’ 100

pounds a month 1000 & rifles in exchange for mining rights.

The great deception• But, Rhodes’ B.S.A. “company

was mandated to promote civilisation .... make treaties, promulgate laws, preserve peace .... great powers but ... converted a plain mineral concession into practically sovereign rights.”

The conquest • Leander Starr Jameson “was

making preparations, recruiting over six hundred men ... The contract included the promise of land and cattle as ‘loot’ after the Ndebele had been defeated.”

Art of plunder• “...each member of the

Pioneer Column was promised 3 000 acres of land...At other times land was sold at nine pence an acre...”• By 1923, thirty million acres

were occupied by Europeans..”

Art of plunder• “In an Order in Council of

1902, native reserves were created which covered altogether twenty-five and half million acres..”

Law of plunder 1• “...The Land Apportionment Act

of 1931 set out to achieve this [landholding] by forbidding Africans to obtain [property] rights in European areas..”• The Act “was defended on the

grounds of encouraging white

Law of plunder 1• “...immigration, the scientific

cultivation of the soil..”

Does this scenario ring a bell or what?!

Where do property rights begin?

• For ‘civilised’ Zimbabwe, they begin with ‘respect’ in 1980, though distorted by Lancaster House the year before, everyone, including ZANU-PF, was satisfied with the status quo.

And end?

Seems with section 3 of Land Acquisition Act [1996]• “Subject to this Act, the

president may compulsorily acquire....”

And end!• Section 5 para 5: “A copy of

the preliminary notice shall be lodged with ... the Register of Deeds!A right that neutralises ANOTHER right “ in the interest of defence, public safety ... etc

Surprisingly for trade marks...

• Section 6: “No person shall be entitled to institute any proceedings .... for the infringement of an unregistered trade mark.”

What then amounts to ‘Justice’ and ‘Fairness’ in equalising property rights?

The JAG View• Non selective application of

justice• Respect of property and human

rights• Just and equitable tenure of

land• Full and fair restitution for ‘loss’

Not this,Of course

The GNU view• “Accepting the inevitability and

desirability of a comprehensive land reform programme in Zimbabwe that redresses the issues of historical imbalances and injustices in order to address the issues of equity, productivity, and justice.”

Land Audit“Conduct [another?!]

comprehensive, transparent and non-partisan land audit, during the tenure of the Seventh Parliament of Zimbabwe, for the purpose of establishing accountability and eliminating multiple farm ownerships.” Really!

Eligibility • “Ensure that all Zimbabweans who

are eligible to be allocated land and who apply for it shall be considered for allocation of land irrespective of race, gender, religion, ethnicity or political affiliation” Oh?

Commitment • “Ensure security of tenure to all land

holders. Ah!• Call upon the United Kingdom

government [Nonsense!] to accept the primary responsibility to pay compensation for land acquired from former [Khoisan?] land owners for resettlement.”

Finance• “Work together to secure

international support and finance for the land reform programme in terms of compensation for the former land owners and support for new farmers.” [Ugh?]

Productivity • “Work together for the

restoration of full productivity on all agricultural land.” [ha-a, ha-ha!]

Jokes aside, my viewI quote A.J. Wills, ‘History of

Central Africa, 1964]• “From the 11th century to the

15th a thriving pioneering Bantu society occupied Mashonaland.• ...The Bushmen were driven

westward taking refuge in the

My View• ...the rocky Matopo

outcrops..”Therefore• We all have a history of

‘plunder’ and ‘conquest’ at one time or another. Thus any behaviour that puts us at

My View

• .. exactly at the same level as Leander Jameson [of legalised plunder], we cannot claim to be sailing on a projectile of sustainable justice.

My View• There is evidence that in

countries where property rights are respected, citizens are either free[er] or they create wealth.• Innovation and creativity are

driven by desire for reward.

Hollywood script• “Why would Bill Gates be

writing Windows 7 now if a pea brain can appropriate that software with an ‘offer letter’ from some political jack ass at White House?”

Take two!• Would YOU invest in a house

if you knew some Johnny Bee Good from the Planet ZANE can come and take it anytime with an ‘offer letter’?• I’m sure you would. You’re

Zimbabwean, remember!*

Conclusion • If we can’t give back to the

Bushmen what land we plundered from them...• The least we can do is publish

the results of ALL land audits so we can see who really is at the centre of the property market !