Draft land expropriation Bill completed after months of wrangling

After months of behind-the-scenes preparation, including a workshop with experts on law and land issues, the parliamentary ad hoc committee on the amendment to section 25 of the constitution, has come up with a draft Bill to allow for the insertion of land expropriation without compensation.

There are still hurdles to cross before the constitution is altered to accommodate the controversial change, which raised the ire of many organisations and individuals, including organised white commercial farmers.

Opposition political parties, like the Democratic Alliance and the Freedom Front Plus (FF+) continue to voice their objections.

Standing in support of the change are the governing ANC, the Economic Freedom Fighters and smaller black opposition parties, except the Congress of the People, which believes the change is unnecessary.

Committee chairperson Mathole Motshekga said the aim of the Bill is for the constitution to provide that when land and any improvements on it are expropriated for the purpose of land reform, no compensation is payable.

The committee expects written submissions to be received no later than January 31.

AgriSA, which represents many commercial farmers, in a correspondence to Motshekga, said the deadline should be extended by at least three months to allow enough time for all stakeholders to consider the Bill.

The committee decided not to extend the deadline, despite an additional call from the FF+’s Connie Mulder. He said there was no reason why the deadline should not be extended, to avoid doing the process over the festive season holiday period.

There was also concern about publishing of the Bill over the festive season as that would interfere with people’s holidays, resulting in the legislation not getting sufficient public attention.

There is a plan to gazette the new legislation this month and publish advertisements in national newspapers in January, leaving three weeks for the public to comment.

The committee must also refer the Bill to the National House of Traditional Leaders, since it involves land, and to the provincial legislatures.

According to parliament’s legal advisor Telana Halley-Starkey the only change to the Bill is that compensation for expropriated land may be nil and that the Amendment Bill will come with a preamble to give context to the amendment and acknowledge the injustices of the past.

The preamble will not be part of the constitution.

The ad hoc committee is expected to conclude its task by March 31 and the legislation will be put before parliament and the National Council of Provinces for approval before it is sent for signing by the president.

There are 7,000 unresolved land claims cases before the Land Claims Court.

Committee members need time to consult party caucuses about the amendment but that may not happen this year as parliament is in recess.

– ericn@citizen.co.za

For more news your way, download The Citizen’s app for iOS and Android.