A NATIONAL Assembly resolution allowing land expropriation without compensation will now be referred to the Constitutional Review Committee, which must report back to Parliament by 30 August. This follows Tuesday’s resolution by Members of Parliament to assign the Constitutional Review Committee to review Section 25 of the Constitution, which speaks to the right of property ownership.

Section 25(2) of the Constitution currently states that property may be expropriated only in terms of law of general application for a public purpose or in the public interest, and subject to compensation.

The Economic Freedom Fighters (EFF) led a debate on this motion, which the majority party, the African National Congress (ANC), amended before it was later adopted following a vote in the NA.

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In its motion, the EFF moved that the NA, in terms of Rule 253, establish an ad hoc committee to review and amend section 25 of the Constitution to make it possible for the State to expropriate land in the public interest without compensation.

The ANC amended parts of the motion to read as such: “With the concurrence of the National Council of Provinces (NCOP), [we] instruct the Constitutional Review Committee to review section 25 of the Constitution and other clauses where necessary to make it possible for the State to expropriate land in the public interest without compensation.”

The motion was adopted following a vote where 241 MPs voted for the amended motion, with 83 MPs voting against it.

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The Constitutional Review Committee has been given until 30 August this year to report back to the NA.

Statistics show that only eight million hectares of arable land have been transferred to black people, which is only 9.8% of the 82 million hectares of arable land in South Africa.

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