Legal updates and opinions
Post Author
News / News
Land Reform – ANC To Amend Constitution
- The ANC has been embroiled in an internal debate on how to operationalise the resolution it took in its 54th National Conference in Nasrec, to expropriate land without compensation in December 2017.
- The Nasrec resolution was followed by a Parliamentary motion mandating Parliament to explore whether or not section 25 of the Constitution ought to be amended in order to make it possible for the State to expropriate land without compensation. The Parliamentary process was led by the EFF and supported by the ANC and a majority of the parties in Parliament, with certain amendments and caveats made by the ANC adding that expropriation without compensation must be done in order to promote food production and agricultural reform.
- The ANC thereafter internally held a Land Summit which I was invited to and attended, where there divergent views, on whether or not section 25 of the Constitution, as it stands, is adequate for purposes of expropriating land without compensation.
- Parallel with the ANC internal processes on this issue, Parliamentary public hearings have been taking place in various provinces, where the public is giving input on whether or not section 25 ought to be amended. The public hearings were followed by a public process in terms of which written submissions were invited from the public.
- President Ramaphosa then appointed an Inter-Ministerial Committee in July to deal specifically with the issue of Land Reform.
- The ANC held its lekgotla on 26 July to 31 July, the result of which is that the ANC has now adopted a position that it will move to amend the Constitution. The ANC move, does not affect the Parliamentary process currently underway.
- The Joint Parliamentary Committee will be expected to report back on the parliamentary process on 28 September 2018.
- Ultimately, there will have to be a proposal on the proposed wording of the Constitution and such proposal will have to be implemented by way of a two thirds majority in Parliament. The latter will be a process and it is anticipated that opposition parties will challenge the motion in Parliament.
Latest News
Can an employer unilaterally impose short time on employees in circumstances of financial distress?
Independent Commercial Hospitality and Allied Workers Union and others v Commission for Conciliation, Mediation and Arbitration and others (2015) 24 [...]
Employment Services Act
The Employment Services Act No. 4 of 2014 (“the Act“) comes into operation as from 9 August 2015. The purpose of the Act [...]
The meaning of a hearing DE NOVO in arbitration proceedings
Section 138 of the Labour Relations Act 66 of 1995 accords the commissioner’s discretion to determine the matter and form [...]
The provision of transport for employees working overtime beyond 18h00
Summary The performance of night work is regulated to, among others, avoid or minimise an employee’s health risks, including the [...]
Consequences of late/non-filing of employment equity reports
In terms of the EEA, designated employers are obliged to submit an Employment Equity Report (“EER”) to the Director-General of [...]
May an employer take on the right to alter a chairperson’s decision in a disciplinary hearing?
May an employer overturn the decision of a chairperson of a disciplinary hearing if it believes the chairperson’s sanction was [...]
