La nd expropriation – a lengthy battle awaits

“The fight over land and expropriation without compensation is only starting now.”

This was according to Dr Corné Mulder, FF Plus parliamentary chief whip, following Parliament’s joint Constitutional Review Committee’s (CRC) recent recommendation to adopt its report to amend Section 25 of the Constitution to allow for the expropriation of land without compensation.

According to Mulder, the decision taken by the committee did not mean that the process had been finalised.

“There is the possibility that a legal process can be followed to set the committee’s decision aside, seeing that the process the committee followed was flawed and riddled with errors.”

The CRC recommendation prompted Agri SA to consult its lawyers with regard to possible litigation. The organisation denounced the committee’s decision as “an unacceptable outcome of an extended consultation process”.

According to Agri SA, the organisation would roll out the next phase of its tactical plan against expropriation without compensation, and would fight to ensure a sustainable future for all involved in agriculture, as well as all ordinary South Africans.

The Institute of Race Relations also indicated that the organisation was prepared to take legal steps to prevent the “procedurally flawed” amendment to Section 25 of the Constitution.

According to Dr John Purchase, CEO of Agbiz, it was not necessary to amend the Constitution to effect land reform in South Africa, and this proposed amendment would impact negatively on much-needed investments for South Africa, and would harm the economy. “Agbiz will engage on this [matter], as well as make oral submissions to Parliament,” he said.

The review committee’s report was expected to come before the National Assembly for debate by the end of November, before being forwarded to the National Council of Provinces. The EFF had expressed a desire to have the process concluded before next year’s election.

According to Annelize Crosby, head of land affairs at Agri SA, it was highly unlikely that this would be achieved. “The recommendation is only the first step in a long and arduous process to amend the Constitution, while legal proceedings will also delay the process,” she said. – Jeandré van der Walt