Against the constitution
IF the ANC submits an amendment to the Concourt to amend Section 25 (the property clause) of the constitution, it will have to first do comprehensive consultations and a proper motivation.
If it says it is to return the land to the original inhabitants, then genetic, linguistic and archaeological evidence will be led to show that the Khoi and San were the original inhabitants.
If it says it wants to redistribute farms of the whites only, it will be racist since the constitution only allows restitution for previously disadvantaged groups, not the targeting of certain race groups for special detrimental treatment.
If the ANC then says it will expropriate the farms of all races, it will be seen as non-racist, but discriminatory against farmers.
To change the constitution to a racist or discriminatory one, the ANC will have to amend Section 1, which requires 75% of the vote.
If it decides to change South Africa into a communist state where the state owns all the land and all other property attached to the land, it will again have to amend Section 1 and all our laws (property, contract, delict, etc) which implicitly state that South Africa is a capitalist state based on western values and law (Roman-Dutch, English and international).
In the meantime, both unemployment and poverty will increase due to investor uncertainty and flight, and a -2% per capita GDP decline (a 1% GDP growth minus 3% population growth).
The ANC will continue to haemorrhage support and will eventually drop below 50%. The die is cast and the ANC is on a hiding to nothing.
Naushad Omar, Athlone, Cape Town