EFF statement on the adoption of the Constitution Eighteen Amendment Bill by the Ad Hoc Committee established to amend Section 25 of the Constitution
8 September 2021
Today, Parliament's Ad Hoc Committee to Initiate Legislation Amending Section 25 of the Constitution adopted its report on the amendment of Section 25 of the Constitution. This is a culmination of the work initiated by the motion tabled by the Economic Freedom Fighters in February 2018, which called for the following:
review and amend section 25 of the Constitution to make it possible for the
state to expropriate land in the public interest without compensation, and in the process conduct public hearings to get the views of ordinary South Africans, policy-makers, civil society organisations and academics, about the necessity of, and mechanisms for expropriating land without compensation;
propose the necessary constitutional amendments with regards to the kind
of future land tenure regime needed, taking into account the necessity of the State being a custodian of all South African land;
The EFF motion was adopted by parliament, and the Joint Constitutional Review Committee was mandated to conduct extensive public hearings across the country to ascertain the necessity for, and mechanisms for expropriating land without compensation. The committee conducted public hearings across the country, and received over 600 000 written submissions, and conducted oral hearings with experts, lawyers, and civil society organisations. The countrywide public hearings expressed overwhelming support for expropriating land without compensation, as well as for the concept of state custodianship of land. The Constitutional Review Committee submitted its report to parliament in November 2018, and the report endorsed the view held by millions of people, that the constitution needed to be amended to allow for expropriation of land without compensation.