Parliament, Friday, 26 October 2018 – The Joint Constitutional Review Committee (CRC) today concluded its oral presentations to ascertain whether a review of section 25 of the Constitution is necessary to make it possible for the state to expropriate land in the public interest without compensation.
The CRC heard presentations from five presenters, including the FW de Klerk Foundation, the Association for Rural Advancement (Afra), the Johannesburg Attorneys Association and the Centre for Development and Enterprise.
The CRC was instructed by the National Assembly and National Council of Provinces to ascertain whether a review of section 25 of the Constitution and other clauses is necessary, to make it possible for the state to expropriate land in the public interest without compensation, and also to propose constitutional amendments where necessary. The committee has already held hearings in all the country’s nine provinces and several days of oral submissions at Parliament.
The committee heard the FW de Klerk Foundation is opposed to an amendment of the Constitution, but is in favour of land reform. The foundation proposed that a nominal amount could be paid for land, rather than nothing. It also indicated that the question of title deeds should be fast-tracked.
Afra called for a test case on the matter and suggested that labour tenants would be a good case to use for such a test. The organisation indicated that land reform is a complex issue and therefore a deeper conversation on the matter is required. The Johannesburg Attorneys Association said restoring the wrongs of the past is part of justice, but it must be accompanied by compensation. In the case where it can be proven that land was taken by “the barrel of the gun”, this would be a good reason to reduce that compensation to zero.
The committee will now commence deliberations on a report on the submissions it received on the matter.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CO-CHAIRPERSON OF THE JOINT CONSTITUTIONAL REVIEW COMMITTEE, MR LEWIS NZIMANDE AND ACTING CO-CHAIRPERSON, MR STANFORD MAILA.
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