Dangerous twist in debate on amendment of section 25

Source: Agri SA media release, 31 May 2021, photo credit: PSYCHOLOGIES

Today, 31 May 2021, is the deadline for the Ad Hoc committee tasked with the amendment of section25 of the Constitution to complete their work. The ANC hadat the last minute, proposed further amendments to section 25.

This followed bilateral discussions between the ANC and the EFF. The EFF’s proposal entailsthe deletion of the reference tothe courts’ role in the proposed amendment of section 25(3).

The EFF proposes that the entire sub-section 3, which makes provision for compensation for expropriation, be scrapped. Furthermore, the ANC, during the meeting of the Ad Hoc committee, had suddenly and unexpectedly indicated that they would support an amendment to the wording of section 25(5), which stipulates that the state must introduce reasonable legislative and other measures to promote state custodianship of land.

The EFF has long promoted state custodianship over all natural resources. The EFF is also in favour of scrapping the 1913 date for restitution claims in section 25(7).
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