The Council of the Cape Law Society has urged government and the ANC to eliminate the policy uncertainty around expropriation without compensation, writes Legalbrief. Lulama Lobi, president of the Cape Law Society, said the expropriation debate was of serious concern, especially with regard to the rule of law, the supremacy of the Constitution and respect for human rights.

Lobi called for constructive debate, with integrity, on the basis of facts, rather than conjecture, rumour and speculation. He was reacting in particular to the recent tweets by President Donald Trump and statements by AfriForum. Lobi said if not managed responsibly, the emotive issues around land redistribution, restitution of land rights, and tenure security, could be divisive and damaging.

'Indeed, it has the potential of tearing at the social fabric of our society and impacting adversely on our economy,' he added. The council has urged government, political parties and their leaders, NGOs, legal practitioners and the public to conduct themselves 'in a spirit of true nation-building and reconciliation'.

'Solutions to the iniquities of the past should be sought within the confines of the rule of law and our constitutional values and precepts, not through wanton violence, land grabs and damage to property,' said Lobi.

'We urge our leaders in government and the ruling party to urgently provide sound leadership and eliminate the policy uncertainty in regard to expropriation without compensation that exists.'

Cape Law Society statement