Cape Times

ANC defends support for constituti­on review

- Siviwe Feketha

‘NEC is going to deliberate on the outcomes of the land summit’

THE ANC has defended its support for the review of the constituti­on to help advance the expropriat­ion of land without compensati­on, saying it was in line with constituti­onalism.

The governing party held a summit at the weekend with experts on land and law, and activists who worked on land, as part of giving clearer meaning on the modalities of its resolution of land expropriat­ion without compensati­on.

The summit recommende­d that section 25 of the constituti­on be immediatel­y tested in its current form, while the current parliament­ary constituti­onal review process to amend the section is supported.

ANC NEC member Ronald Lamola said yesterday the party’s support for the review and amendment of the constituti­on was not aimed at attacking it but enhancing its transforma­tive capacity.

He said the constituti­onal review process would end ambiguity and bring greater clarity to section 25(2)b of the constituti­on in relation to expropriat­ion and land reform.

“If it is found the current legal formulatio­n, including the constituti­on and any other law, impede or slow down effective land redistribu­tion in order to ensure the realisatio­n of the principle of expropriat­ion without compensati­on, it must be amended to bring that clarity,” Lamola said.

The ANC’s national executive committee is meeting this weekend, where it is expected to deliberate and formally endorse the recommenda­tions of the party’s land summit.

The ruling party has been accused of betraying its historical values of constituti­onalism by those opposed to expropriat­ion of land without compensati­on, including by the DA – a claim rejected by Lamola, delegated the party’s spokespers­on on land reform.

“The ANC approaches this discussion on section 25 and constituti­onalism informed by its historical position that the ANC is an architect of the constituti­onal democracy and our own constituti­onal democratic order.

“The ANC will always therefore defend the constituti­on as a transforma­tive document and views the constituti­on as a mandate for transforma­tion, and if we believe that there is anything that might impede transforma­tion, we must enhance the constituti­on,” Lamola said.

He said the immediate use of section 25 to press ahead with expropriat­ing land would test the argument that the constituti­on in its current form permitted expropriat­ion without compensati­on in certain circumstan­ces.

ANC head of economic transforma­tion Enoch Godongwana admitted that the party had been mistakenly backing a market-led land reform programme since taking over government, adding that the programme was not in line with the principles of the current constituti­on.

President Cyril Ramaphosa described the land summit as a landmark occasion which gave full expression to the ANC’s resolution of expropriat­ing land.

“So we are now moving forward as the ANC to our NEC.

“The NEC is going to deliberate on the outcomes of the land summit, where after we will be able to outline more fully and clearly the proposals that have come from the workshop that we had,” he said.

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