Expropriation and Section 25

It appears that there is some confusion regarding the processes that are under way regarding expropriation. There are two different processes underway.

The first is the amendment of section 25 of the Constitution. An Ad Hoc Committee was appointed with the mandate to amend section 25 as to make explicit what is implicit in the Constitution, namely that expropriation without compensation is possible. This Committee has met on a number of occasions and aims to come up with a final wording by 27 November 2019, which will then be published for comment over December 2019 and January 2020. The Committee hosted a workshop on 6 November 2019, where Agri SA with Kwanalu’s support once again took a strong stance against amending the Constitution. Agri SA inclusive of Kwanalu’s inputs also submitted written comments and issued a media-statement setting out our stance against an amendment. Currently Agri SA is consulting with a strong legal team on possible action and on the risks in the wording that is already on the table.

The second process is the new Expropriation Bill, which was published for comment in December 2018. Again, Agri SA and Kwanalu submitted comprehensive written comments on the Bill. The Bill was tabled in the fifth parliament, but later withdrawn to make provision for the expropriation at zero compensation in certain circumstances. The amended version of the Bill will serve before NEDLAC on 5 December 2019. Agri SA is part of the Business delegation that will engage on the amended Bill in NEDLAC. A report stating the outcome of the NEDLAC process will be submitted to Parliament. Public hearings will most likely be held in Parliament next year. Agri SA is under instruction to test the amended wording of section 12(3), which provides for certain categories of land to be expropriated without compensation. Agri SA and Kwanalu have taken a principled stance against any expropriation without compensation.