Parliament, Friday, 8 June 2018 – The Joint Constitutional Review Committee today held a colloquium on Section 25 of the Constitution, land expropriation without compensation.
The committee had inputs from amongst others land rights attorney, the agricultural sector, the banking sector, the land bank and academics.
Mr Vincent Smith, Co-Chairperson of the committee, said in his opening remarks that there is universal acceptance that land reforms need to be accelerated. Mr Smith emphasised that today’s meeting was an information or induction session to sharpen the approaches of Members of Parliament in preparation of the public hearings starting later this month.
“At this stage the committee is just arming itself with information before it goes out for public hearings to listen to the public. Those in favour of an amendment of Section 25 of Constitution must convince us why and those oppose to an amendment must also bring forward the argument against it.” Mr Smith made it clear that the main purpose of land restitution is mainly to disrupt the apartheid special planning.
Former Judge Albie Sachs told the committee he is in favour of a re-drafted Expropriation Act that includes a clause that deals with expropriation that indicates the circumstances under which expropriation should take place. He highlighted Youngsfield Military Base that is prime land for expropriation as well as those people with multiple farms (some not in use) could be expropriated with minimal or no compensation. He cautioned against changing the fundamental features of the Constitution.
Prof Ruth Hall told the committee in many instances multi-nationals, trans-national companies or whites have benefited from land redistribution. She also said during the first 10 years of democracy there had been an increase of forcibly removing black people from land. The committee heard the state thus far has been bad at redistributing land. Dr Aninka Claassens said land should not be delivered to the state where no one can hold it to account as leases are not given.
AgriSA said South Africa does not need more land but the challenge is rather the inability to implement laws. They suggested finalisation of the Expropriation Bill and testing the Constitution instead of amending it. Dr Vuyo Mahlati of the African Farmers’ Association of South Africa said land reform must go together with agrarian reform. She said the former homelands are densely populated. The Congress of Traditional Leaders said that it supports the process but feels it must be called repossession of land instead.
Co-Chairperson, Mr Lewis Nzimande said expropriation without compensation will go ahead. The question is the modalities. “We realise that a lot of work still lies ahead and therefore this is just the start. We will be going to the communities to listen to them. The consensus is that the access to land is not there and there are needs for land. The constitution needs to give expression to this.”
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSONS OF THE 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)
Tel: 021 403 8437
Cell: 081 703 9542
E-mail: razzakani@parliament.gov.za
Arrange a tour