Media release: Terence Corrigan launches review of LAND legislation that undermines small business

11 October 2022

Gail Day

The FMF is an independent, non-profit, public benefit organisation, created in 1975 by pro-free market business and civil society national bodies to work for
a non-racial, free and prosperous South Africa.
As a policy organisation it promotes sound economic policies and the principles
of good law. As a think tank it seeks and puts forward solutions to some of the country’s most pressing problems: unemployment, poverty, growth, education, health care, electricity supply, and more. The FMF was instrumental in the post-apartheid negotiations and directly influenced the Constitutional Commission to include the property
rights clause: a critical cornerstone of economic freedom.

+27 11 884 0270
PO Box 4056, Cramerview 2060

Terence Corrigan launches review of LAND legislation that undermines small business

On 11 October, the Free Market Foundation (FMF) presented its second booklet in a series of eight titled Laws Affecting Small Business. Terence Corrigan, Project Manager at the Institute of Race Relations, interrogated the legislative environment around land ownership and use, and the negative effects it has on small business, and recommended solutions.
Black South Africans have suffered an historical injustice of land dispossession dating back to colonialism and cemented under the apartheid regime. Dispossession of landed property has been coupled with denial of access to ancestral lands, inadequate forms of titling to land, and restrictions on land use.
Laws Affecting Small Business – Land makes recommendations that should be championed by all who wish to see the South African economy grow and prosper.
The FMF proposes:

  • An amendment to the Constitution to prevent future legislation from placing obstacles in the way of obtaining secure title.
  • Granting security of tenure to holders of informal rights in land.
  • Generally giving the people a right to dispose and deal with their land as they deem fit.
  • The allocation of new land by a simple form of registration.
  • The suspension of the Land Survey Act for conversion to ownership and transfers to occupiers.
  • Making the Deeds Office registration requirement optional as well as converting all apartheid title to full ownership.
The FMF recommends the following to resolve the issue of restricted land use:
  • The removal of prescriptive land use controls, simplifying the requirements for the establishment of formal settlements as well as reducing minimum housing standards to realistic levels.
  • The creation of Special Housing Zones exempt from building codes, interest-rate ceilings, and costly formalities for mortgage or non-mortgage finance.
Terence Corrigan echoed the sentiments during his presentation of the booklet where he stated: “Above all, it is important for government not to make the existing landed property dispensation any more unattractive than it already is. The Expropriation Bill that is high on government’s agenda must be abandoned forthwith. There are real, progressive steps government can take to bring about a more just ownership environment, but undermining property rights is not one of those steps.”
The FMF’s recommendations are contingent on the repeal of obtrusive laws and as such, are easily applicable. The hunger for land and housing requires due consideration of all solutions, from all corners.  
This was the second in a series of eight mini-launches to introduce recommendations to reduce the laws negatively affecting small business across a range of issues: tax, land, licensing, justice, labour, finance, health, schooling. Small businesses are the engine of the South African economy, and therefore the legislative instruments governing them are integral to creating an environment of growth and job-creation.
Laws Affecting Small Business – LAND can be read
Launch dates and speakers
11.10 | 1100-1130 – Terence Corrigan – LAND
18.10 | 1100-1130 – Neil Emerick – LICENSING
25.10 | 1100-1130 – Michael Bagraim – LABOUR
01.11 | 1100-1130 – Gary Moore – HEALTH
08.11 | 1100-1130 – speaker to be confirmed – FINANCE / SCHOOLING
15.11 | 1100-1130 – Langa Bodlani – JUSTICE
22.11 | 1100-1130 – speaker to be confirmed – FINANCE / SCHOOLING


04.10 – Dawie Roodt – TAX
See presentation
The TAX booklet can be read HERE.

Help FMF promote the rule of law, personal liberty, and economic freedom become an individual member / donor HERE ... become a corporate member / donor HERE