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Majority vote approves Bill to amend Constitution to allow land expropriation

07 Sep 2021

The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution, has adopted the Constitution 18th Amendment Bill, which will see the expropriation of land without compensation embedded in the Constitution.

READ: What does SA's Expropriation Bill mean for property rights?

Committee chairperson, Dr Mathole Motshekga, announced on Monday the Bill in its entirety, as well as the memorandum on the objects of the Bill, were endorsed by the majority of members in the committee.

There were only "three votes against the Bill".  

The purpose of the Bill is to amend section 25 of the Constitution, so as to provide that, where land is expropriated for land reform, the amount of compensation payable may be nil. It also aims to "clarify that nil compensation is a legitimate option for land reform, so as to address the historic wrongs caused by the arbitrary dispossession of land and in so doing, ensure equitable access to land and further empower the majority of South Africans to be productive participants in ownership, food security and agricultural reform programmes".

READ: Rebosa gears up for 'minefield of legislation' 

The Bill has seen extensive public opposition due to the threat of corruption, as well as the likelihood it could deter investment and economic activity. 

Motshekga says the Bill is the product of extensive public engagements, spanning the work of two Parliaments and three committees, and  commend all Members for what he called a "historic day". 

He stated the committee has "carefully listened to the people of South Africa, and have adopted a Bill that will be to the benefit of all citizens, irrespective of colour".

READ: Why is the Expropriation Bill necessary for South Africa?

The Bill will be sent to the National Assembly for consideration, after the committee meets on Wednesday. 

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