South Africa [2]

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A fourth opinion

This is doing the rounds. It lays out the threat to SA of EWC very clearly.

A British legal expert opinion on expropriation of land

Response written by Mark Philip Malcolm Horn – London Barrister. * No one does business with a thief, and no one extends credit to a thief.

“You can not have land expropriation without compensation. It is illegal in international law. It is contrary to a dozen treaties that South Africa has signed and ratified. As such, it is a principle that is also enshrined in South African domestic law. You can not change the Constitution therefore to make it legal – Treaty law is superior law, it always applies.

The proposal, if directed at land held by the white community, would also contravene half a dozen international treaties, notably those condemning apartheid, that South Africa since the ANC took power, has signed and ratified.

The same argument applies above, but now with the ironic twist that any such initiative would result in the ANC being condemned under international law for actions that the world would condemn as being racist.

So no, it can not be done. When Mugabe tried this, the point was litigated. These were the legal conclusions. Now, Mugabe pushed ahead, so what happened?

Well, the claims for illegal expropriation still are valid in law – at some point the Zimbabwean Government will need to pay them.

The consequence of their illegal policy is not forgotten with time. If they ever want to be re-integrated into the global community, they will need to pay.

As to the consequences of such a policy – Zimbabwe is a good example. There are no sanctions on Zimbabwe. That is a myth. The only sanctions are those targeted on Mugabe and a few of his associates, and they are in place because of human rights abuses.

The economy has crashed, there is a 90% unemployment rate, for the very simple fact that Zimbabwe has shown itself to be a thief. No one does business with a thief, and no one extends credit to a thief.

You can not run a modern economy without access to the international market, and for that you need credit. The Zimbabwean economy has declined by 70% from what it was at independence simply because no one does business with a thief.

So what would be the consequence of a policy of expropriation without compensation in South Africa? Well, as noted, such a policy would be illegal.

The international community will immediately take note that South Africa has become a rogue state. That is not too much to worry, about, its just political. There are plenty of rogue states around the world.

What would happen, however, in terms of South Africa’s access to the international markets is of far more concern. South Africa would have signaled that property rights are insecure. That will mean that international investment in South Africa would come to a screeching halt.

This has been happening for many years in any event – that is why South Africa is now ranked no. 7 in gold mining, when it used to be no. 1.

It is why South Africa has a 27% unemployment rate, and a 50% youth unemployment rate. So the response could well be: “who cares, we do not need their investment”. That may well indeed be true.

But, that is not where the real crisis occurs. South Africa needs access to international financial markets because it has a trade and budget deficit. It needs access to international financial markets to pay for its bloated public sector, and to pay social grants to all those unemployed people.

To raise that money, it needs the banks. Now this is where the consequences of a policy of expropriation without compensation hits home.

Banks have, as is the nature of banking, highly leveraged Balance Sheets. They lend as multiples of the assets they actually have. They need to conform with the Basel ratio’s. If they have a rise in bad debt, they can easily wipe out their Balance Sheets – they then become bankrupt, and they collapse.

So what do you think will happen if land is expropriated without compensation to the Banks? The answer is, they will see a rise in bad debt, and they will collapse.

That is not the end of the story. South Africa has seen its black population rise from approximately 2.5 m in the mid 19th century, to its current level of 50 m. The 2.5 m may be taken as the sustainable level of the black population without the benefits of colonialism, and of modern agriculture.

That 2.5 m number is important, because only 13% of South Africa is suited for agriculture, and only 3% is high quality agricultural land. The vast majority of South African agricultural land requires the application of modern technology.

Farming in South Africa is highly capital intensive. Farmers depend on bank lending not only to buy their farms, but also to provide essential working capital.

So, what happens if the land is expropriated without compensation, if the banks then collapse? Well it means no one is able to provide the essential working capital. If the farms then collapse, then up to 95% of the existing black population is at risk of starvation.

The banks cannot access international markets, international lenders will not lend, South Africa then descends into chaos. At point, the international community would probably intervene military to restore order. As such, South Africa would have become yet another Failed State in the traditional African mold.”

A fifth opinion

One must always be circumspect in becoming attached to ‘legal opinions’ – see for example the ‘legal opinions’ offered by ‘Secret Barrister’ on the Tommy Robinson affair, which were nothing more than endless shrieking about legal points and toxic disinformation.

This is doubly so when treaties and such are mentioned, as it has been very fashionable for the last 50-60 years for the UN, WHO and similar to produce ‘treaties’ out of thin air which the right sort of people in govt. then queue up to sign with themselves to prove how virtuous they are.

Admittedly the treaties mentioned are mainly not this sort of lefty guff, but relying only on the law to force virtuous behaviour is an exercise in futility, albeit that the author is probably correct in their prediction of the outcomes to be expected.

Much more fundamental though is the thought that the fundamental duty of ‘democratic’ govt is to ensure the security of the citizens in their person and property. Absent property rights, and you do not have a society.

A sixth opinion

South Africa 1
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7 comments for “South Africa [2]

  1. The Blocked Dwarf
    August 16, 2018 at 16:22

    “than endless shrieking about legal points and toxic disinformation.”

    Unfortunately for the Robinsonites those shrieked (hardly ‘shrieked’, the SB makes even yourself look impolite) legal points were all extremely valid and may yet see TR incarcerated in a Sharia run jail. The disinformation -which to be fair to the SB he held his hands up to, as one might expect from someone of his calibre – was only ‘toxic’ in so far it highlighted the inconsistencies of much of the disinformation abounding at the time- there were enough people on both sides, with far less legal knowledge than myself (and that’s saying something) who maintained that TR’s arrest for ‘breach of the peace’ was in some way illegal. That a ‘bench trial’ was illegal etc Let us remember the Appeal Judges massively criticized the procedure (and haste) with which TR was sent down, not the legal principles, shrieked or otherwise. Or did I miss the bit about ‘the Judge had no right to try TR nor send him down straight away’?

    • August 16, 2018 at 16:42

      legal points were all extremely valid

      Ah but that’s the point – they were shown not to be and he had to backtrack. I knew he was in the wrong, TSB, and I’m not even a tricky dicky lawyer.

  2. Mark Matis
    August 16, 2018 at 16:54

    Here’s a couple of quick questions:

    What percentage of the world’s diamond production comes from South Africa mines?

    As long as that is not jeopardized, do you REALLY think that Davos and the Bilderbergs are going to let their puppets do anything about the situation? Even if the Blacks enthusiastically slaughter the Whites before they turn over the farms?

    • Andy5759
      August 17, 2018 at 01:03

      Give it a few years and the global companies, Monsanto and/or Chinese government subsidised entities, will procure these old farms for a song. Meanwhile the De Beers and Morgans will lose nothing and gain everything. It’s going to be globalists colonising as opposed to nations colonising. I feel rather sorry for the poor bastards at the bottom of the pile, black or white.

  3. August 17, 2018 at 03:56

    Indeed, both.

  4. August 17, 2018 at 17:36

    True and valid points you make. South Africa will at the end: collapse! We all say it. There is no argument.

    During the 1970s and even 1980s, every single white South African PAID tax for ALL of those in the homelands, e.g. Transkei, Ciskei, etc. The government of the time bought tractors, cars, computers and many many more…. and left it there with THEM. They were not shown HOW to use these implements, how to use a computer, etc. MILLIONS of Rands WASTED. The whites’ tax money. This is why we said and were finally happy after the election in 1994, we were FREE! Free from that burden!! It was just a pit hole, never-ending hole in which the money was ‘dumped’. (and I bet the world DID NOT know about it!!) Books and trucks of books were burnt down. A friend of mine’s father was a lecturer at a College to train black teachers. They were threatened with death and didn’t appreciate a thing! Everything for granted and everything must always just be for ‘free’ – don’t want to pay, don’t want to work. Okay, there are some really GOOD people amongst them – I grew up with them on the farm. GREAT people and we were growing up as friends. But then the majority – I rest my case.

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