Expropriation without compensation: have your say
PARLIAMENT has asked members of the public to make written submissions on amending the constitution to allow expropriation of land without compensation.
This comes in the wake of a resolution that tasked the constitutional review committee to look into examining expropriating land without compensation.
Parliament’s constitutional review committee said the public could make written submissions and request oral presentation by May 31. “As part of its 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 exercise forms part of the public participation process to review section 25 of the Constitution for the state to expropriate land without compensation.
Parliament took a decision to review the constitution when it passed a motion sponsored by the EFF. It gave the constitutional review committee until August 30 to report on amending the constitution.
Currently, section 25 states that “no one may be deprived of property except in terms of general law application, and no law may permit arbitrary deprivation of property” and that “property may be expropriated only in terms of law of general application (a) for a public purpose or in the public interest; and (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”.
Section 25 also says “the state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis”.
The committee plans to visit three to four districts or local municipalities per province for public hearings.
The public hearings are expected to start in Limpopo next month and be concluded in the Western Cape in June. Submissions can be sent to pjayiya@parliament.gov.za or faxed to 086 465 0678.