ANC prepares minor constitutional change
The ANC plans to propose minor amendment to section 25 of the Constitution this week when MPs on the Constitutional Review Committee finalise its recommendation, according to Rapport. The ANC says the Constitution should be changed to say ‘more explicitly what is already implied’ – that some instances of expropriation warrant no compensation.
The ANC was ready with this proposal when the committee meeting descended into chaos at the end of last week. Although the EFF’s proposal for nationalisation of all land differs radically from the ruling party’s stance, EFF deputy leader Floyd Shivambu is quoted in the report as saying the EFF would still ensure the ANC was able to gain the required two-thirds majority in the National Assembly for the change.
Opposition parties may seek to scupper the plan to adopt the amendment before the end of the year through litigation, notes the report. They say the ANC is giving preference to the oral submissions made during the public consultation process as it supports their view while disregarding the 700 000 written submissions that are largely opposed to any amendment.
The DA’s Glynnis Breytenbach said they will insist that there are no procedural errors in the process while Corné Mulder, of the FF Plus, said his party will definitely take the matter on review if the correct procedure is not followed.
Full report in Rapport (subscription needed)
The government is open to negotiating with farm owners to find viable solutions on expropriation, says Rural Development & Land Reform Minister Maite Nkoana-Mashabane, according to a Business Day report. National Freedom Party MP Ahmed Shaik Emam asked the Minister in Parliament last week whether she would consider negotiating with farm owners in order to create a ‘win-win situation’ to find more viable alternatives to land expropriation without compensation. In her written reply Nkoana-Mashabane said she is prepared to negotiate with farm owners to find viable alternatives such as joint ventures between farm owners and beneficiaries of land restitution.
‘However, the Constitutional Review Committee has to first conclude its process on reviewing section 25 of the Constitution. The parliamentary process must first be concluded,’ she said. In the meantime, the President has established an inter-ministerial committee on land reform that is led by the Deputy President, and appointed the panel of experts to provide technical support to the interministerial committee.’ The committee is finalising measures to fast-track land reform and to deal with challenges faced by land recipients.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





