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Ad Hoc Committee on Section 25 Adopts Constitution Eighteenth Amendment Bill

September 6, 2021

Parliament

The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution has adopted the Constitution Eighteenth Amendment Bill.

In a statement, the committee chairperson, Dr Mathole Motshekga, declared that the bill in its entirety, as well as the memorandum on the objects of the bill, was endorsed by the majority of members in the committee.

There were three votes against the bill and no abstentions.

The multiparty ad hoc committee tasked with initiating and introducing legislation amending Section 25 of the Constitution to allow for land expropriation without compensation was set up in July 2019.

In 2020, the national assembly re-established the ad hoc committee.

The committee has been busy with deliberations on the revised bill.

The revised bill aims to amend the Constitution so as to provide that:

• Where land and any improvements thereon are expropriated for the purposes of land reform, the amount of compensation payable may be nil;
• National legislation must provide circumstances where the amount of compensation is nil;
• Land should be a common heritage of all citizens that the state must safeguard for future generations;
• Conditions should be fostered to enable state custodianship of certain land in order for citizens to gain access to land on an equitable basis; and
• To provide for matters connected therewith.

The chairperson emphasised that the bill is the product of extensive public engagements, spanning the work of two Parliaments and three committees.

“It is a historic day as we adopt this Constitution 18th Amendment Bill, which is the product of engagement by all political parties inside the committee and through bi-laterals involving political principals and parties”, he said.

The committee plans to meet on Wednesday this week to vote on the report on the bill.