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
Should there be limits on the extent to which personal information of a company’s shareholders are available to the public?
Section 26(2) of the Companies Act 71 of 2008 ("Companies Act") provides that any person has the right to access [...]
Reviewing and updating your privacy notices
Transparency is one of the key principles for the lawful processing of personal information worldwide. If you collect and use [...]
Whistleblowing in South Africa – employers’ obligations
Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the [...]
Payment of Prescribed Minimum Benefits
In the case of Keyhealth Medical Scheme v the Honourable Mr Justice SM Ngoepe N.O, the Registrar of Medical Schemes [...]
A double-edged sword: revenge porn and the Cybercrimes Act
Recently, South Africa has been experiencing a barrage of cyber-attacks and/or cyber-related/enabled crimes, with many individuals and organisations being caught [...]
When is CTC not available as CTC?: Part 2
In the September 2022 edition of Legal Weks we published an article titled "When is CTC not available as CTC" [...]
