12 December 2018

South Africa: Don't Expect a Win - Expropriation Has Muddied the Land Reform Field

analysis

The key challenges to fair and timeous land reform in this country include poorly implemented administrative processes, inadequate capacity and an astounding lack of government support, including financially, as illustrated by comparative fiscal budget allocations.

As the land debate cautiously manoeuvres its way towards the end goal of articulating the grounds under which there can be land expropriation without compensation in section 25 of South Africa's Constitution, critical questions have been overlooked within the debate. Rewording section 25, known as the "the property clause", may not provide the much sought-after solution to land that is anticipated by communities in South Africa.

A separate committee has been established in Parliament to begin the process of redrafting section 25 of the Constitution. This comes after both houses of the legislature have agreed to adopt the Joint Committee on Constitutional Review's report, which recommends that section 25 of the Constitution be amended to allow land expropriation without compensation. The National Assembly wants to settle the issue of amending section...

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