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Constitution Eighteenth Amendment Bill Published for Comment

July 19, 2021


Comment on proposed amendments to the Draft Constitution Eighteenth Amendment Bill is sought.

In a statement, the Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution confirmed that it received and deliberated on proposals submitted by members of the public following calls for comment on the draft bill at the end of 2019.

The committee now seeks comment on proposals 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.

In a recent statement, the committee announced that the decision to readvertise the draft bill follows the committee making several amendments to the initial draft bill that was subjected to an extensive public participation process.

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 national assembly recently granted the committee an extension to the end of August 2021 to complete its work.

Comment is invited until 13 August 2021.