Conflicts in land move

President Cyril Ramaphosa’s announcement late on Tuesday that the ANC would “finalise a proposed amendment to the Constitution that outlines more clearly the conditions under which expropriation of land without compensation can be effected” is troubling for SA as it grapples with record unemployment, low growth, high inflation and declining foreign direct investment.

The governing party’s decision appears to preempt the ongoing public participation processes led by the constitutional review committee in Parliament. It also appears to conflict with the constitutional requirement that a bill amending the Constitution can only be adopted if there is a meaningful process of public participation.

By presenting the ANC’s decision as a fait accompli, the ANC is impermissibly pre-empting this process, which in itself could lead to constitutional challenges.

The notion that expropriation of land without compensation will remedy inequality and advance economic development conflicts with the views expressed by the IMF earlier this week.

The fund said the government must address policy uncertainty if it wishes to tackle negative per capita growth, inequality and the country’s high levels of unemployment.

Amending the Constitution to make explicit provision for expropriating land without compensation will do exactly the opposite.

Peter Leon Partner and cochair for Africa, Herbert Smith Freehills