Legal updates and opinions
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
Changes to facilitate joint audits by SARS in the pipeline
by Nicholas Fairbairn, Associate and, Kelly Sease, Candidate Attorney (Reviewed by Doelie Lessing) Cross-border transactions As a result of globalisation [...]
To 2030 and beyond: Can embracing AI technologies help South Africa reach the National Development Plan’s visions for the ICT sector?
Once upon a time, the National Planning Commission published the National Development Plan and set the following long term goals [...]
And we dare to ask again – whose right is it to enforce a director’s fiduciary duties?
by Tandiwe Matshebela, Director and, Koketso Rapoo, Candidate Attorney The Companies Act It goes without saying that a director is [...]
When is CTC not available as CTC?
What is contributed tax capital? CTC - or to give it its full name, contributed tax capital - is an [...]
Product recalls in South Africa
by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney Product recalls in South Africa and globally have attracted much attention [...]
Section 12A(3)(e) – Is it really all about promoting HDP or worker ownership?
by Graeme Wickins, Director Section 12A(3)(e) of the Competition Act Much has been written about the hyper-focus the Competition Commission [...]
