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ANC's Expropriation Bill fails, but 'door not shut on land reform conversation'

7 December 2021 9:19 PM
Tags:
National Assembly
The Money Show
Land expropriation without compensation
Bruce Whitfield
Land reform
Land expropriation bill
Constitutional amendments
Section 25
Professor Elmien du Plessis
Prof. Elmien du Plessis

Bruce Whitfield gets comment from Associate Professor of Law Elmien Du Plessis (North West University).
Image: © Michael Turner/123rf.com

It took three years to get to this point, but the National Assembly has rejected the ANC policy on the expropriation of land without compensation.

The opposition parties that voted against amending Section 25 of the Constitution to allow expropriation without compensation included the DA, Freedom Front Plus and the Economic Freedom Fighters.

RELATED: Land expropriation without compensation: 3 years of heated debate ends today

The EFF said said the process was a complete failure and the ANC is controlled by its “white monopoly capital handlers" reports Eyewitness News.

Bruce Whitfield gets comment from Prof. Elmien Du Plessis, Associate Professor of Law at North West University.

Most parties would agree that land reform is important and it's necessary. I think they might still disagree on what land reform looks like but it's not as if the door is shut to having a conversation on land reform.

Prof. Elmien du Plessis, Associate Professor of Law - North West University

The DA I think was from the beginning against any form of amendment of the Constitution - they said it's not necessary to do what the ANC wants to do.

Prof. Elmien du Plessis, Associate Professor of Law - North West University

The EFF don't think the change is radical enough...

Prof. Elmien du Plessis, Associate Professor of Law - North West University

Do today's proceedings mean that an amendment to Section 25 is now firmly off the table?

Prof. du Plessis says no, the option could be raised again at any time.

It's important to realise that Section 74 of the Constitution makes it possible to amend the Constitution, so that's always a possibility.

Prof. Elmien du Plessis, Associate Professor of Law - North West University

I also think the issue of nil compensation will still be debated again when the Expropriation Bill comes before Parliament. That's ordinary legislation that's still in the making, and that will actually make explicit what is implicit in the Constitution.

Prof. Elmien du Plessis, Associate Professor of Law - North West University

If land reform does not happen it also undermines the legitimacy of the Constitution so it's very important that we as citizens now put all our focus into ensuring that we have a successful land reform programmes within the rule of law... to bring meaningful change to people despite this amendment not going through.

Prof. Elmien du Plessis, Associate Professor of Law - North West University

Listen to Prof. du Plessis insights in the audio below:


This article first appeared on CapeTalk : ANC's Expropriation Bill fails, but 'door not shut on land reform conversation'




7 December 2021 9:19 PM
Tags:
National Assembly
The Money Show
Land expropriation without compensation
Bruce Whitfield
Land reform
Land expropriation bill
Constitutional amendments
Section 25
Professor Elmien du Plessis
Prof. Elmien du Plessis

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