Parliament, Friday, 7 September 2018 – The Joint Constitutional Review Committee (CRC) today held another hearing for oral presentations on a possible amendment of Section 25 of the Constitution, which would allow for the expropriation of land without compensation.
Mr Lewis Nzimande, Co-Chairperson of the committee, commended the presenters for their contribution to the process. “We heard over 40 presentations over the last four days. These oral presentations emanate from the more than 700 000 written submissions the committee received. Mr Nzimande said the vast majority of the presenters clearly had in mind to take the process forward, whether they were for or against an amendment of the constitution.
“We had a few hiccups, but it was expected when the emotive issue of land is discussed. It was important, however, that all parties respect one another’s views and are not insulting or condescending,” said Mr Nzimande.
The committee was instructed by the National Assembly and the 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 provinces.
Today the committee heard from the banking sector, the Legal Resources Centre, the Limpopo Communal Institute, the Tshwane Inner City Arts & Culture Heritage Forum, Afrisake and Vumelana Advisory Forum, among others.
The Banking Association of South Africa (Basa) said security of tenure makes it easier for individuals to interact with the banking sector. Basa does not believe it is necessary to amend Section 25 of the Constitution. Nedbank told the committee that expropriation without compensation could lead to a banking crisis.
The John Langalibalele Dube Institute does not support an amendment of the Constitution to provide for expropriation without compensation, while the Vumelana Advisory Fund said the “problem” in South African has been misdiagnosed.
The Legal Resources Centre told the committee that the state already has the tools to expropriate the land with no compensation. It is then up to the land owner to take the matter to court for a decision on why the land cannot be used by resident workers.
Mr Nzimande said the committee will meet on Wednesday next week to adopt a way forward with its programme.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CO-CHAIRPERSON OF THE JOINT CONSTITUTIONAL REVIEW COMMITTEE, MR LEWIS NZIMANDE.
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