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Ad Hoc Committee on Section 25 Extended

August 27, 2021

Parliament

The national assembly has given the Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution a further two weeks to complete its work.

In a statement, committee chairperson, Dr Mathole Motshekga, pointed out that the committee was expected to finalise its work on Monday, 30 August 2021, but due to a subsequent call for public input, would not be able to do so.

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 Draft Constitution Eighteenth Amendment Bill.

The revised draft 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 committee now has until 10 September 2021 to complete its work.

The committee will meet on 27 August to receive a briefing on the report of the most recent public participation process and on the third version of the draft bill.