Parliament SA: Expropriation without compensation – Constitution

Parliament, Thursday, 5 December 2019 – The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution today agreed to have the draft Constitution Eighteenth Amendment Bill which aims to amend the Constitution of the Republic of South Africa of 1996 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, be Gazetted.  (Note: land included all properties, vehicles, shares, etc.)

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Committee Chairperson, Dr Mathole Motshekga, said the draft Bill will be published in the Government Gazette next week which will open the door for public participation. The committee further intends to publish an advert on 2 January 2020 that calls for public input until 31 January 2020.

“This will ensure that we comply with the Constitution something which is of paramount importance. The flexibility of the dates for public input also covers the concerns regarding that matter,” said Dr Motshekga.

The Bill proposes that the amount of the compensation as contemplated and the time and manner of any payment, must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances. National legislation must set out specific circumstances where a court may determine that the amount of compensation is nil.

The Bill further aims to clarify that such limitation is 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.

Some members of the committee indicated that as the legislative process is ongoing, they will continue to participate in the process and then provide a list of specific circumstances under which expropriation can take place at nil compensation.

Dr Motshekga said the committee will ensure that all the views are tested as that is in line with South Africa’s participatory democracy. “The process is continuous. Political parties that still want to make further proposals will not be precluded from doing so,” added Dr Motshekga.

ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE AD HOC COMMITTEE TO INITIATE AND INTRODUCE LEGISLATION AMENDING SECTION 25 OF THE CONSTITUTION, DR MATHOLE MOTSHEKGA

For media enquiries or interviews, please contact the Committee’s Media Officer:
Name: Rajaa Azzakani (Ms)
Tel: 021 403 8437
Cell: 081 703 9542
E-mail: razzakani@parliament.gov.za

https://www.parliament.gov.za/press-releases/ad-hoc-committee-amending-section-25-agrees-draft-bill-amend-constitution    

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https://www.parliament.gov.za/committee-notice-details/61

Invitation for Public Submissions on the Review of Section 25 of the Constitution CONSTITUTIONAL REVIEW COMMITTEE

The National Assembly in concurrence with the National Council of Provinces has mandated the Constitutional Review by Committee to: review section 25 of the Constitution and other sections where necessary, to make it possible for the state to expropriate land in the public interest without compensation;propose the necessary constitutional amendments where applicable with regards to the kind of future land tenure regime needed.As part of exercising the constitutional obligation to facilitate public participation, the Committee invites written submissions from all stakeholders on the necessity of, and mechanisms for expropriating land without compensation.In addition to the written submission, please indicate your interest in making an oral presentation to the Committee.The closing date for written submissions and requests for oral representation is Friday, 15 June 2018.

Enquiries, as well as written submissions, can be addressed to Ms Pat Jayiya, Committee Section, PO Box 15, Cape Town 8000, email pjayiya@parliament.gov.za, Tel: (021) 403-3661, fax 086 465 0678, cell 0814410345. Hand delivered submissions can be submitted at W/S 091, 3rd Floor, 90 Plein Street Building.Issued by Hon. LP Nzimande MP and Hon. VG Smith MP, Co-Chairpersons: Constitutional Review Committee
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CONSTITUTION EIGHTEENTH AMENDMENT BILL
https://www.parliament.gov.za/storage/app/media/CommitteeNotices/2019/december/06-12-2019/Draft_advertised.pdf

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https://www.gov.za/speeches/joint-constitutional-review-committee-adopts-report-expropriation-land-without-compensation

news releases
https://www.parliament.gov.za/press-release

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MORE BACKGROUND
Expropriated without compensation in the amendment to section 25 of the Constitution of SA.  
Expropriation without compensation – Constitution

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Ramaphosa said the recommendations on land reform was necessary to address the plight of the landlessness, boost the economy, create jobs and reduce poverty in the rural areas.   He also stated his government was committed to the acceleration of land reforms as it is essential for the transformation of society.    But, what he did not tell the people, he is number one that benefit and receive B-BBEE shares and properties for himself and his families/friends.   Why must all those elites have 100000 ha and 20-30 properties, while his supporters do have nothing as he explained.   Start at the top with all the property of the ANC, government, parliament, members of parliament and expropriate their properties, shares and cattle to their workers.  All those that benefitted from B-BBEE.   All those 5000 farms bought with tax money – put people there that want to farm and not those that only want money and can’t farm.  
Land reform – Ramaphosa

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Kgalema Motlanthe criticised Parliament’s response to the report, which he said explained that the Constitution was clear on the expropriation of land without compensation.   Former president Kgalema Motlanthe says the expropriation of land without compensation will never happen in South Africa.  He was addressing a property summit in Sandton, north of Johannesburg during October 2019.

Expropriation of properties

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Expropriation means to expropriate everything – all properties are included here, to take it, without compensation – that is what government wants to implement – and that is bolshevism.   Especially, if you are white and you own a property, a business, a company, a tour agency,  engineering, farming,  shares in any company,  vehicles used for your businesses, it is included to expropriate – read it with their ANC constitution.    The government, with their left wing parties in parliament will make sure they expropriate everything – same happened in Zimbabwe too.   Who stopped them in our neighbouring country?  Nobody.
Expropriation in South Africa – Sisulu

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WHO IS REALLY LANDLESS IN SOUTH AFRICA TODAY?

A Hansard of December 2018 stated there are more than 8840 traditional leaders (different black and coloureds)   in the whole of South Africa.   They all received salaries after 1994 and when appointed.     It is even legally in their constitution (anc manifesto).   And most of us thought that segregation (so-called APARTHEID) is over for those different ethnic groups.    Did mandela and de klerk not brag with a “world peace price” in their hands – they dismantled the SO-ALLED APARTHEID?    Furthermore, most political parties today and all those ethnic groups of different peoples supported that.  They all supported B-BBEE legislations against only the minority white people of South Africa as well.  They even say that their areas are only for them to live and benefit.   With names and surnames in it.  And then all of them said they are LANDLESS.

SA Parliament – land without compensation – traditional leaders

6 gedagtes oor “Parliament SA: Expropriation without compensation – Constitution”

  1. […] Parliament, Thursday, 5 December 2019 – The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution today agreed to have the draft Constitution Eighteenth Amendment Bill which aims to amend the Constitution of the Republic of South Africa of 1996 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, be Gazetted.  (Note: land included all properties, vehicles, shares, etc.)    Parliament SA: Expropriation without compensation – Constitution […]

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