The land expropriation without compensation issue has been met with a lot of opposing views and many stakeholders suggest that the issue of no compensation be thrown out. Public perception that not enough has been done to achieve land reform under the current legal and constitutional prescripts fuels tensions even further. Cyril Ramaphosa has come out to say that land reform must happen but will be handled carefully, pleasing all parties involved.
Implementation of this resolution will require amending section 25 of the Constitution which reads: “Property may be expropriated only … (a) for a public purpose or in the public interest; and (b) subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.” The procedure for such an amendment is set out in section 74 of the Constitution.
An unreasonable solution
The High-Level Panel on Assessment of Key Legislation and Acceleration of Fundamental Change, headed by former President Kgalema Mothlante released its report findings and recommendations on land reform. It notes in its report that the development of land reform policy and law has drifted away from its initial pro-poor stance and lacks vision for inclusive agrarian reform. In light of this, Agri SA rejects the notion that expropriation without compensation will expedite the land reform process and access to land on an equitable basis without impeding food security. Agricultural economists have highlighted the impact it would have on food production, farming units and the economy in general. Click here to read more on why Agri SA does not think land expropriation without compensation is a reasonable solution. – Press release