DA voices objection to land constitutional amendment
"People must vote against it. Land reform is important and can be achieved by a functional government who does not force land expropriation without compensation".
Lolo Madonsela
The discussion on expropriation of land without compensation is gaining more momentum as the submission drawing nearer to closing.
The new Draft Bill by the Parliamentary Committee on Land Expropriation seeks to amend Section 25 of the Constitution to allow for land expropriation without compensation.
The Bill does not specify the circumstances when no compensation may be given but stated that a separate piece of national legislation must set out the specific circumstances where a court may determine that the amount of compensation is naught.
Section 25 read, S25 (2) (b): subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.
Also, the amendment adds to S25 (2)(b): Provided that in accordance with subsection (3A) a court may, where land and any improvements thereon are expropriated for the purposes of land reform, determine that the amount of compensation is nil.
The amendment continue to add section S25 (3)(a) : National legislation must, subject to subsections (2) and (3), set out specific circumstances where a court may determine that the amount of compensation is nil.
DA councillor in AbaQulusi Municipality, Cllr Alta de Kok said there was no need to change the constitution and property right.
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“The DA is against land expropriation without compensation. We do not believe that we need to change the constitution and property rights”, she said.
Cllr De Kok also urged people to vote against it.
“People must vote against it. Land reform is important and can be achieved by a functional government who does not force land expropriation without compensation. The problem is not the law or the constitution; the problem is with government departments that do not do their work”, she added.
The IRR has also called the amendment Bill a risk violating “most important guarantee of freedom”.
IRR Campaigns Coordinator, Herman Pretorious said, “The Draft Bill is a constitutional blank cheque that any current or future majority in parliament could cash on a simple 51% majority in Parliament. This Draft Bill offers an open doorway to the EFF’s ambition that all land be state-owned. One must conclude that the ANC shares that ambition”.
The EFF in the Region shared the same sentiments with the ANC that the land must be expropriated without compensation.
Regional Chairperson of the EFF, Thulani Ndlovu said, “Land must be expropriated without compensation and be placed under government and then government give it back to the people who will use it profitably. They must then be given a period of five years and if they fail to utilize it profitably then it should be revoked from them. Those who will use it successfully will then be paying rent to government, that way government will be able to make profit and be able to deliver on other services.
“Of course there are areas that under traditional leaders, on such areas, a lot of debate still needs to take place and the traditional leaders should make it clear whether they are in control of land or of people, hence intense debates should take place around that”.
The spokesperson for IFP in AbaQulusi, Khehla Mkhwana said that they were not going to comment on the land issue, “Until the national office has pronounced its stand on it as we are still in deliberating our stance on the matter”.
Written submissions for Section 25 will close on Friday, this month, January 31.
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