Business Day

Date set for new property clause

• Land reform amendment likely to be known by end of that month

- Bekezela Phakathi Parliament­ary Writer phakathib@businessli­ve.co.za

Investors who were rattled by the government proposals to expropriat­e land without compensati­on could know by the end of March 2019 what the redrafted section 25 of the constituti­on will look like.

Investors who were rattled by the government proposals to expropriat­e land without compensati­on could know by the end of March 2019 what the redrafted section 25 of the constituti­on will look like.

This week both houses of parliament — the National Assembly and the National Council of Provinces (NCOP) — adopted the contentiou­s report on expropriat­ion without compensati­on, which calls for a constituti­onal amendment to make it explicit that expropriat­ion without compensati­on can be used to address skewed land ownership patterns dating back to the colonial era.

On Thursday, during its final sitting of the year, the National Assembly adopted a draft resolution by ANC chief whip Jackson Mthembu calling for the establishm­ent of an ad hoc committee, which will initiate and introduce legislatio­n amending section 25 of the constituti­on.

The expropriat­ion debate has polarised the country and spooked investors, with the proposed amendment set to be challenged in court by various stakeholde­rs and political parties. The process to change the constituti­on could be stymied pending the conclusion of court processes, which may end in up in the Constituti­onal Court.

The matter could eventually be processed by the next parliament, which means the amendment might not happen at all if the parties backing the change fail to secure a two-thirds majority among them.

The DA has vowed to challenge in court the “flawed processes” leading up to the adoption of the final document.

The high court in Cape Town is due to hear an applicatio­n by lobby group AfriForum on a date yet to be set. The group wants a declarator­y order that the adoption of the report by the joint constituti­onal review committee was unlawful and should be set aside. It wants the public participat­ion process reviewed.

The Institute of Race Relations also indicated in November that it is preparing to take legal steps to prevent the push by the ANC and EFF to amend the constituti­on.

The DA and other smaller parties objected to the establishm­ent of the ad hoc committee on Thursday, but were outvoted. Mthembu said the ANC wants the legislatur­e to process and pass the amendment bill before the five-year term of the current parliament ends in May, just before the general elections. This gives the ad hoc committee at least four months to conclude the process. The committee, which will consist of 11 members of the National Assembly, has to report to parliament by March 31 2019, said Mthembu.

 ??  ?? Jackson Mthembu
Jackson Mthembu

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