Parliament to hold hearings on land expropriation without compensation
Following the National Assembly resolution, the Constitutional Review Committee, will review section 25 of the Constitution with the aim of ascertaining how land could be expropriated without compensation. Under current legislation, the state can expropriate land but the Constitution stipulates a "just and equitable" compensation for the expropriation. Section 25 of the Constitution deals with property and property rights, not just land. The President has called for more investment from the international investor community. Clearly, this community would want their investments in SA to be protected. (https://www.fin24.com/Economy/understanding-the-abcs-of-sas-land-expropriation-debate-20180313-2)
Interestingly, the final ANC Conference resolutions released in March this year was silent on amending Section 25 of the Constitution. Joint Committee Chairperson's Hon. Vincent Smith and Mathole Motshekga, said that it was not a foregone conclusion that the Constitution would be amended. The committee would be holding public hearings at various municipalities across South Africa in May to gauge the views of ordinary South Africans on the matter. (https://www.businesslive.co.za/bd/politics/2018-04-03-anc-studies-new-tax-to-help-drive-shift-in-land-ownership/)
Any amendments to the Constitution must be tested against the constitutional principles. In addition, our laws must comply with international law. As the dialogue unfolds, I would be monitoring to see how the constitutional principles and international law is interpreted along the dialogue of expropriation of land without compensation. I would also like to see constructive proposals that will drive land distribution.
For further details see:
Parliament, Friday, 13 April 2018 – The Joint Constitutional Review Committee has called for written public submissions on the review of section 25 of the Constitution and other sections where necessary, to make it possible for the state to expropriate land in the public interest without compensation.
This comes after the National Assembly in concurrence with the National Council of Provinces mandated the Constitutional Review Committee to propose the necessary constitutional amendments where applicable with regards to the kind of future land tenure regime needed.
As part its constitutional obligation to facilitate public participation, the committee invites written submissions from all stakeholders on the necessity of and mechanisms for expropriating land without compensation. In addition to the written submission, please indicate your interest in making an oral presentation to the committee.
The closing date for written submissions and requests for oral presentation is Thursday, 31 May 2018. Enquiries and written submissions can be addressed to Ms Pat Jayiya, Committee Section, PO Box 15, Cape Town 8000, email firstname.lastname@example.org, tel (021) 403-3661, fax 086 465 0678, cell 081 441 0345. Hand delivered submissions can be submitted at W/S 091, 3rd Floor, 90 Plein Street, Cape Town.
ISSUED BY PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSONS OF THE JOINT CONSTITUTIONAL REVIEW COMMITTEE, MR VINCENT SMITH AND MR LEWIS NZIMANDE
For media enquiries or interviews with the Chairpersons, please contact the committee’s Media Officer:
Name: Rajaa Azzakani (Ms)