Further constitutional amendments? Panel on Land Reform jeopardises constitutional order and economy

29 July 2019

After eighteen months of jarring blows to property rights in South Africa, the release of the Presidential Advisory Panel on Land Reform and Agriculture’s report represents another major step in the wrong direction. 

‘Constitutionally and economically speaking the report is deeply flawed. It undermines both the constitutional order and the economy, not least by recommending further constitutional amendments over and above expropriation without compensation (EWC),’ says Piet le Roux, CEO of business organisation Sakeliga. 

Le Roux says Sakeliga is studying the report with a view to host a public briefing on 12 August 2019. “At the public briefing, we shall elaborate on what we have so far identified as numerous ill-advised recommendations, apparently stemming from profound constitutional and economic misconceptions.’ 

‘For now, however, we consider it important to point out that the report presents two additional constitutional amendments to water down property rights, over and above the question of EWC. It proposes that section 25(7) of the constitution – the 1913 cut-off date for restitution claims – “be urgently removed” (p. 94). And it presents the possibility of amending section 25(6) of the constitution to facilitate what would amount to a moratorium on eviction of persons from farms (p. 97),’ says Le Roux. 

Issued by Piet le Roux, CEO: Sakeliga, 29 July 2019