According to the leaked report, the ANC has deployed a land expropriation task team which is currently formulating legislature in anticipation of Constitutional amendments.
A leaked government document, obtained by Rapport, seeks to define the application of land expropriation without compensation.
The contentious issue of land reform, which has, in recent months, been exemplified by calls to amend the Constitution, is staring down its final theoretical hurdle. Land expropriation without compensation – tabled as the most pivotal act of socioeconomic redress – has become a national flashpoint.
Last week, the South African National Assembly adopted the Joint Constitutional Review Committee’s (CRC) provocative report. The CRC, after conducting, what it called, a comprehensive public participation process, reported its findings to Parliament.
Despite fierce litigative war talk, first undertaken by AfriForum, and later threatened by the Democratic Alliance (DA) and other minority opposition parties, the CRC’s report – which endorses amendments to section25 of the Constitution – was voted on by the National Assembly.
Parliament first debated the report, which has been described as “flawed” by its critics. Then the house resolved to vote on whether a Constitutional amendment process should follow.
The CRC’s report was adopted by the National Assembly, with 209 members voting in favour of Constitutional amendments and 91 members voting against.
The practicality of land expropriation without compensation
As the monolithic land expropriation machine moves into its final epoch, South Africans, both for and against Constitutional amendments, question government’s capability to enact a free and fair redistribution-process.
Until now, the African National Congress (ANC) has released conflicting statements relating to the practical mechanisms of expropriation and redistribution.
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Yet, while the government’s land reform programme is aimed at empowering the masses, practical application relating to expropriation has been shrouded in mystery. This is problematic; while in theory, land expropriation without compensation has the propensity to free the majority of South Africa from the shackles of poverty – flawed processes, typified by corruption, nepotism and mismanagement, would undoubtedly lead to catastrophe.
Leaked land expropriation document
According to the Rapport, which cites a trusted anonymous source within the ANC, land expropriation without compensation is fete accompli, and will inevitably jump through the Constitutional hoops assisted by the ANC.
While the ANC alone does not hold a two-thirds majority in the National Assembly – therefore unable to amend the Constitution – it’s assumed that the Economic Freedom Fighters (EFF) may join hands with their green and gold rivals in order to pass the motion.
Until such time, the ANC is apparently working tirelessly to define parameters relating to the expropriation of land without compensation.
According to the leaked report, the government will consider expropriating land without compensation, under the following circumstances:
– Land occupied by a labour tenant as under the Restitution of Land Rights Act.
– Land that has been purchased for ‘speculative’ purposes.
– Land owned by a state-owned enterprise.
– Land which has been abandoned by a landowner.
– When the market value of the land is equal or less than the present value of direct state investment or subsidisation for the purchase of beneficial capital improvement of the land.
According to the report, the ANC has deployed a land expropriation task team which is formulating legislature in anticipation of Constitutional amendments.
In September, President Cyril Ramaphosa announced a ten-person land expropriation “dream team”. It’s unclear whether this team is still actively engaged in devising legislature.
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