ANALYSIS: Amending Section 25: When election rhetoric and real law-making collide By Marianne Merten marianne_merten
When political rhetoric and law-making collide, there can be odd consequences. In early December 2018, the National Assembly adopted the constitutional review committee’s recommendation that there should be a constitutional amendment to expressly allow compensationless land expropriation. And that should be done before the current Parliament rises for elections, as it will on 20 March 2019.
On its own officially adopted programme, a Constitutional Amendment Bill is not expected before early May. With a 30-day public comment period and potential public hearings, further deliberations before a vote requiring at least a two-thirds majority in the House before the matter goes to the National Council of Provinces , it’s clear this amendment most optimistically may only see the light of day late in the second half of 2019.
At the weekend he handed over title deeds in two settled land claims for 10 communities near Pretoria. Advocate Tembeka Ngcukaitobi told MPs reasons for the failure of land reform included a focus on the past rather than ensuring land reform and redress going forward. Professor Ruth Hall, from the University of the Western Cape’s Institute for Poverty, Land and Agrarian Studies , told the ad hoc committee a swathe of legislation was needed alongside the constitutional amendment.
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