Draft Constitution Eighteenth Amendment Bill risks violating “most important guarantee of freedom” – IRR
11 December 2019
Contrary to all the assurances provided by the ANC – and the mandate given to the Ad Hoc Committee charged with formulating the amendment – the Draft Constitution Eighteenth Amendment Bill does far more than merely ‘make explicit that which is implicit’ in the existing wording of Section 25 of the Constitution.
This is one of the key points Dr Anthea Jeffery, head of policy research for the Institute of Race Relations (IRR), made at a media briefing today on the Bill’s likely costs and consequences.
First, the Draft Bill makes it clear both land and ‘any improvements thereon’ are to be subject to expropriation without compensation (EWC). However, the Ad Hoc Committee’s mandate is to deal with land alone. Buildings are, of course, immovably attached to land that may be expropriated, but the additional value of these structures can always be calculated. Compensation for such investments must be paid to strike the ‘equitable balance’ required by Section 25.
Second, the Draft Bill empowers Parliament to adopt any number of subsequent statutes (all of which could be passed by a simple – 51% – majority), which will set out ‘specific circumstances where a court may determine that the amount of compensation is nil’.