Ramaphosa : land restitution

RAMAPHOSA AAN DIE WOORD – DIE PADDAVOORSITTER HET GEPRAAT
Julle tyd is op – wittes in Suid-Afrika.   Die datum van onteiening sal Maart 2019 in werking kom, dis die datum wat vasgestel is waarop onteiening sal begin.  Julle tyd is verby blankes.  Die adhoc komitee moet die nodige aanpassings aan die parlement voorlê voor of op 31 Maart 2019, om hul taak te voltooi. Dit gaan oor die onteiening van grond sonder vergoeding en om die grondwet te wysig.
‘Jullie tijd is op’ – Zuid-Afrika stelt datum vast waarop land van blanken worden afgepakt. – 31 Maart 2019
Zuid-Afrika heeft een datum vastgesteld waarop de veel bekritiseerde onteigeningen van land kunnen beginnen nadat een politicus heeft verklaard: ” Jullie tijd is voorbij, blanken”.
‘Your time is up’ – South Africa sets the date on which the country of whites will be taken. – 31 March 2019.   The Adhoc committee do have time until this date to complete its work.
South Africa has set a date when the much-criticized expropriations of land can begin after a politician states: “Your time is over, whites”.

Your time is up, white people’: South African parliament targets next March for land expropriation

The South African parliament approved a motion that would set up an ad-hoc committee to recommend procedures on how land expropriation without compensation would work. Earlier, the parliament had approved the constitutional changes that would give the government power to take land from white farmers without paying for it.

IOL:

The motion was adopted with 183 votes in favour and 77 against. There were no abstentions.

Opposition parties had objected vehemently, with the Freedom Front Plus’s Anton Alberts reiterating the party’s threat that land expropriation would lead to instability.

“When the blood flows it will be on your hands,” Alberts said in the direction of the ANC benches.

The Congress of the People’s Deirdre Carter urged voters to go to the polls to “stop the ANC, stop the EFF, the only way you can do it”.

Themba Godi, from the African People’s Convention, backed the ANC and Economic Freedom Fighters’ support for the motion and an amendment, saying those who opposed land reform were, in fact, supporting the oppression of African people.

“Land must be nationalised and socialised for the benefit of the people, especially the working class and women …. those who oppose want the perpetuation of wrongs of past.”

Tell me if you think this expropriation scheme is going to go peacefully:

Star:

But there were heated scenes in the House when politicians clashed over the plans.

According to local reports, Economic Freedom Fighters MP Hlengiwe Mkhaliphi argued land grabs must go ahead as she declared: “Your time is up, white people”.

This came as the IFP MP Mkhuleko Hlengwa said the plans undermine South Africa’s position as a democratic state.

According to the Daily Maverick, he said: “To achieve real and effective land reform is (possible) under the existing Constitution, not your (ANC) populist agenda.

“You should be ashamed of yourself.”

However, the ruling ANC’s Chief Whip Jackson  Mthembu dismissed the controversy, saying land reforms are “the right thing to do”.

It is believed that when South Africa’s Constitution is amended, it could be done by inserting into Section 25 the phrase: “Zero compensation may be regarded as just and equitable”.

Up is down, black is white, and taking someone’s land without compensation is “just and equitable.” Orwell would be proud.

More of the same came last October when the ANC solumnly promised to protect “property rights”:

The South African ruling party’s plans on land reform, which include expropriating land without compensation in certain circumstances, will ensure that property rights are safeguarded, its spokesman on the issue said.

“This is not going to diminish or wipe out property rights,” Ronald Lamola, a member of the African National Congress’s National Executive Committee, said on Bloomberg TV Wednesday. “We’ve been very clear that we don’t want to” hurt confidence or collapse the economy, he said.

The “certain circumstances” Bloomberg mentions are just about anything the ANC says they will be. And it is laughable that property rights mean anything when government can seize land from anyone and not pay for it.

The ANC can couch their land grab any way they wish, it still comes out the same; an invitation to black South Africans to kill what the government won’t give them.

https://www.americanthinker.com/blog/2018/12/your_time_is_up_white_people_south_african_parliament_targets_next_march_for_land_expropriation.html

 

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“Your time is up, white people” – SA National Assembly sets date for white farmer land grabs – March 2019

 

SOUTH African Government has set a date for when its much-criticised land expropriations can begin after a politician declared: “Your time is up, white people”.

The country’s National Assembly approved a proposal to change the constitution to make the so-called reforms legal in a vote of 183 to 77.

This paves the way for land to be taken from farmers without giving any kind of compensation.

And now lawmakers have agreed to set up a committee that will write and introduce a new bill for land expropriations.

A deadline of the end of March next year for the committee to present its first report to parliament has also been agreed.

But there were heated scenes in the House when politicians clashed over the plans.

According to local reports, Economic Freedom Fighters MP Hlengiwe Mkhaliphi argued land grabs must go ahead as she declared: “Your time is up, white people”.

This came as the IFP MP Mkhuleko Hlengwa said the plans undermine South Africa’s position as a democratic state.

According to the Daily Maverick, he said: “To achieve real and effective land reform is (possible) under the existing Constitution, not your (ANC) populist agenda.

“You should be ashamed of yourself.”

However, the ruling ANC’s Chief Whip Jackson Mthembu dismissed the controversy, saying land reforms are “the right thing to do”.

It is believed that when South Africa’s Constitution is amended, it could be done by inserting into Section 25 the phrase: “Zero compensation may be regarded as just and equitable”.

South Africa’s President Cyril Ramaphosa has previously defended his radical plans, saying they are necessary for equality.

Source: DailyStar Newspaper / By Rachel O’Donoghue / Published 8th December 2018

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Thursday, December 6, 2018

The National Assembly has decided to adopt a proposal that will see Parliament setting up an ad hoc committee to lead a process of drafting a bill that will allow for Section 25 of the Constitution to be amended.

In a sitting of the House on Thursday, Jackson Mthembu, the Chief Whip of the majority party, the ANC, tabled a draft motion that the ad hoc committee be set up to initiate the process of drafting, processing and tabling the Constitutional Amendment Bill before the end of the fifth democratic Parliament.

The decision comes after both houses of Parliament – the National Assembly and the National Council of Provinces – adopted a report of the Joint Constitutional Review Committee on Tuesday and Wednesday respectively.

The Joint Constitutional Review Committee had recommended, after an extensive public consultation process, that Parliament amends Section 25 of the Constitution to pave the way for land to be expropriated without compensation.

After a brief debate, and after the opposition Democratic Alliance (DA) called for a division – which is a process whereby a much clearer method of voting than a voice vote – a majority of MPs voted in favour of the proposal.

Deputy Speaker Lechesa Tsenoli said after the vote: “There are no abstentions. There are 77 Nos, 183 Yeses. The motion is therefore agreed to.”

The ad hoc committee, as per Mthembu’s motion, will consist of 11 voting members of the National Assembly and will be made up of six members from the ANC, two from the DA, one from the EFF and two from other parties. The committee will also consist of 14 non-voting members of the National Assembly – 2 from the ANC, one from DA, one from the EFF AND 10 from other parties.

Mthembu had moved on a motion that Parliament “amends section 25 of the Constitution to make explicit that which is implicit in the Constitution, with regards to expropriation of land without compensation, as a legitimate option for land reform, so as to address the historic wrongs caused by the arbitrary dispossession of land, and in so doing ensure equitable access to land and further empower the majority of South Africans to be productive participants in ownership, food security and agricultural reform programs”.

The motion also recommended that Parliament urgently establishes a mechanism to effect the necessary amendment to the relevant part of section 25 of the Constitution.

His motion also called that Parliament “tables, processes and passes a Constitutional Amendment Bill before the end of the Fifth Democratic Parliament in order to allow for expropriation without compensation”.

As part of the same motion, it was recommended that Parliament sets the deadline by which the Committee is to report to 31 March 2019. – SAnews.gov.za

https://www.sanews.gov.za/south-africa/parliament-sets-ad-hoc-committee-draft-land-expropriation-bill

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BILLS BEFORE PARLIAMENT
https://www.parliament.gov.za/storage/app/media/Docs/bbp/aa2d8435-e395-49f8-b5a2-7d226718b03a.pdf

Proceedings on bills
https://www.parliament.gov.za/storage/app/media/Docs/proc_bill/82e7153d-72d2-41e6-aa59-a80cafc898c3.pdf

 

***

The National Assembly recently passed a motion to establish an ad hoc committee to draft a Constitutional Amendment Bill to amend Section 25 of the Constitution to allow for the expropriation of land without compensation.

The National Assembly recently passed a motion to establish an ad hoc committee to draft a Constitutional Amendment Bill to amend Section 25 of the Constitution to allow for the expropriation of land without compensation.

The motion, tabled by ANC Chief Whip Jackson Mthembu, was approved by 183 MPs, and opposed by 77.  Nobody abstained. This followed after both houses of Parliament adopted the report by the Constitutional Review Committee that recommended that the Constitution be amended.

The parties who opposed the motion included the DA, COPE, ACDP, FF Plus and the IFP, while the ANC, EFF, UDM, APC and NFP supported the motion.

According to Parliament spokesperson Moloto Mothapo, the ad hoc committee would be comprised of 11 voting members of the National Assembly and 14 non-voting members. The 11 voting members would be made up of six members from the ANC, two from the DA, and one from the EFF, while the remaining two would represent other parties.   The 14 non-voting members would consist of two members from the ANC, one from the DA, and one from the EFF. The remaining 10 would represent other parties.

The committee was expected to report back to the National Assembly by 31 March 2019.

***

 

Restitution of Land Rights Amendment Bill: finalisation
5 SEPTEMBER 2018


Restitution of Land Rights Bill  (finalisation)

 

Chairperson: Ms P Ngwenya-Mabila (ANC)

Meeting Summary

Documents handed out: B-list of changes (Members only); Two-page Report on Amendments to Restitution of Land Rights Amendment Bill [B 19-2017] (Members only)

The Committee met very briefly to ensure that all amendments decided upon in the morning session had been correctly made in the final copy of the Restitution of Land Rights Amendment Bill. The Committee adopted the amendments. The Chairperson read through a two-page report to be published in the Announcements, Tablings and Committee Report. The report was adopted by the Committee.

A technical amendment was made to Clause 2 to ensure correct reference to section 6 of the Act. Two changes were made to Clause 5, firstly to link referrals to the Court to Section 14 and, secondly, to correct the powers of the Commission to investigate claims, and not to determine claims. Finally, in Clause 6(e ) offences against a claimant would be liable to a term of imprisonment of 12 months, not six months.

The Committee work on the Bill was concluded.

Meeting report

Opening remarks 
The Chairperson apologised for being late. She had been called to another meeting shortly before the Committee meeting had been due to start and had not heard her phone as it had been on silent mode. She thanked those Members who had waited.

The Chairperson noted that the meeting had begun with four Members but the staff were contacting others to make up a quorum to adopt the Bill.

Consideration of the amendments to the Restitution of Land rights Amendment Bill [B 19-2017]
Members were issued with a document indicating the changes made, as discussed in the earlier meeting.  The Chairperson asked Members to consult both the original Bill and the changes before them.

B list
The Chairperson presented the changes made to the Bill by the Legal Advisor and Committee staff following the decisions taken in the meeting that morning.

Clause 2: Section 6 of Act 22 of 1994 sub-section 2 
The Committee had identified a technical error in that Clause 2 referred to section 11, instead of section 6. That had been corrected.

Clause 5: Insertion of 16A 
16A(1) The referral to the court had been tightened up by inserting a reference to section 14 to ensure the authenticity of referrals.
16A(2) Two lines in the processing of claims had been deleted. Instead of being able to determine the validity of a claim, it gave the Commission the right to “Investigate the claims”.
The Clause had been re-written and replaced the previous version.

Clause 6: section 17 
In subsection (e) a change was made in terms of the maximum period of imprisonment from six months to 12 months.

The Chairperson informed the Committee that those were the only changes to the Bill. She asked for a proposal for the adoption of the amendments.

Ms C Matsimbi (ANC) proposed the adoption of the amendments to the Restitution of Land Rights Amendment Bill [B 19-2017]. Mr A Madella (ANC) seconded the adoption of the amendments.

Consideration of the Report of the Portfolio Committee of Rural Development and Land Reform on the Restitution of Land rights Amendment Bill [B 19-2017]
The two-page report was handed out to Members and read by the Chairperson.

Clause 2
On page 2, in line 18, after “Section”,  omit “11” and substitute it with “6”.

The Chairperson asked if all Members agreed with the statement. The Committee agreed.

Clause 5
The clause was rejected in its entirety and a new clause 5 added.

The Chairperson asked if all Members agreed with the statement. The Committee agreed.

New Clause

Insertion of section 16A in Act 22 of 1994
5.The following section is hereby inserted after section 16 of the principal Act:
“Processing of claims
16A.
 (1) Upon the finalisation or referral in terms of section 14 to the Court of all claims lodged on or before 31 December 1998, the Chief Land Claims Commissioner shall certify in writing that such claims have been finalised or referred to the Court, and shall publish a notice in the Gazette and in the media circulating nationally and in the province, stating the date on which the Commission shall start processing claims lodged
from 1 July 2014 until 28 July 2016; and in terms of the Restitution of Land Rights Amendment Act, 2017.
(2) Notwithstanding anything to the contrary contained in subsection (1), when processing claims lodged on or before 31 December 1998, the Commission may on a case by case basis and where it would be in the interest of justice to do so, consider a claim contemplated in paragraphs (a) or (b) of subsection (1)  in order to investigate the merits of a claim lodged on or before 31 December 1998.”.’’.

The Chairperson asked if all Members agreed with the statement. The Committee agreed.

Clause 6
On page 4, in line 19, after “three” omit “six” and substitute with “12”.

The Chairperson asked if all Members agreed with the statement. The Committee agreed.

The Chairperson noted that all Members had agreed to the report. She asked for a Member to propose the adoption.

Mr R Cebekhulu (IFP) proposed the adoption of the report.

Mr P Mnguni (ANC) indicated that he would second the proposal but, first, he cautioned that there might be an error in the Bill as the numerals were not transcribed in a consistent form. Six had been written in letters as a word and twelve was written in numerals.

The Chairperson suggested that it might have been an error.

Mr Michael Prince, Parliamentary Legal Advisor, indicated that the numbers were correct and had been written in the drafting style. He explained that numbers under ten were written in word format and numbers above ten were written in numerals.

The Chairperson thanked Mr Prince for explaining the legal way of doing things. She accepted the proposal for adoption by Mr Cebekhulu. The adoption had been seconded by Mr Mnguni. That was the end of the meetings on the Restitution of Land rights Amendment Bill [B 19-2017].

Closing remarks
The Chairperson thanked all Members of the Committee, the support staff and the Department of Rural Development and Land Reform that had been with the Committee throughout the process to the very end. It was an intensive process. She thanked Mr Mnguni for initiating the Private Members’ Bill to make sure that the order of the Constitutional Court was implemented. She also thanked stakeholders for participation in the process.

The meeting was adjourned.
https://pmg.org.za/committee-meeting/27032/

***

Image may contain: text

 

https://pmg.org.za/bill/721/

>>>>

Ramaphosa – ANC – China – NWO

Buthelezi and land expropriation

Ramaphosa “lackadaisical”

Eiendomsreg – property rights

Moord en selfverdediging

 

 

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