The drive to amend section 25 of the constitution — to allow for the expropriation of property without compensation — was stopped in its tracks after opposition parties, including the EFF, rejected the ANC’s proposed changes.
During Friday’s meeting of the ad hoc committee tasked with amending section 25 to expropriate land without compensation, the ANC used its majority to ensure that the draft bill reflecting its stance was adopted at committee level.
However, the bill won’t pass the National Assembly as the ANC does not have the required two-thirds majority. It was banking on the EFF’s support, the third-largest party in parliament, to reach the threshold, but the two differ fundamentally on the issue of state custodianship of land.
“We officially reject the ANC’s proposed amendment to section 25,” EFF deputy leader Floyd Shivambu said. “We believe strongly that this is a betrayal of their [the ANC’s] own resolution and it’s a betrayal of the landless people, particularly the indigenous Africans who were dispossessed of their land through colonialism,” he added. “We reject [the amendments] with contempt and we are going to vote against the motion and the amendment as proposed by the ANC because they will never take back the land and give it to our people on an equitable basis.”
The push for expropriation without compensation has raised concerns among investors and critics about the security of tenure. They argue that it could be extended to other assets, including pensions and even medical aid contributions.
The EFF maintains the amendment should categorically state that all land will be placed under state custodianship without compensation. The party further doesn’t envisage a role for the courts in the matter.
The ANC’s proposed amendments state that the land is “the common heritage of all citizens that the state must safeguard for future generations”.
Expropriation without compensation (EWC)- JP Landman
The state must take “reasonable legislative and other measures within its available resources, to foster conditions which enable state custodianship of certain land in order for citizens to gain access to land on an equitable basis.”
The ANC also proposes “specific” circumstances where a court may determine that there be no compensation, and a subsection allowing for expropriation without compensation of land and any improvements thereon for purposes of land reform.
Committee chair Mathole Motshekga said the draft bill will published for public comment for three weeks as the committee finalises its work.
“The people will be the final arbiter ... we have to deliver this project by the end of August. This matter is about the survival of SA,” Motshekga said.
DA MP Annelie Lotriet said if the voting that took place in the committee on Friday reflected how parties will vote in the National Assembly, the ANC will not have the two-thirds majority needed to pass the bill.
“This is an important outcome for our constitution, the bill of rights and the fight to protect the property rights of all South Africans,” Lotriet said. “The DA has always argued that this bill should never have been brought to parliament as it does nothing to help landless South Africans who have been let down by the ANC’s failing land reform programme,” she said.
Though he ANC’s amended bill will now be open for comment, the lack of support from opposition means that it will not be passed, Lotriet said. “The uncertainty brought about by this bill, borne out of ANC factional fighting at Nasrec in 2017, is about to end with a victory for the constitution,” she added.
Freedom Front Plus MP Corné Mulder said the ANC’s failure to secure support from the EFF or any other party, meant a two-thirds majority was unlikely when the bill is put to the vote in parliament.
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