07 January 2020

Section 25 Review Process

In February 2018, the National Assembly adopted a motion proposed by the EFF, with amendments by the ANC that Parliament's Constitutional Review Committee investigates mechanisms through which land can be expropriated without compensation. The Joint Constitutional Review Committee was mandated by the National Assembly and the National Council of Provinces to propose the necessary constitutional amendments where applicable with regards to the kind of future land tenure regime needed. The Joint Constitutional Review Committee called for written public submissions on the review of section 25 of the Constitution (Property Clause) and other sections where necessary. The Committee organised public hearings in all provinces across the country from 26 June 2018 to 4 August 2018 (see programme here).

Read: Chairperson Vincent Smith's comments 

Read: Report of the High Level Panel on the assessment of key legislation

Read: Hansard: Expropriation of Land without Compensation

Watch: EFF's motion for land expropriation debated in Parliament

 

View all the meeting records of the Joint Constitutional Review Committee here

4 Dec 2018: The National Assembly adopted the Joint Constitutional Review Committee’s Report on the review of section 25 of the Constitution. 209 MPs voted in favour, 91 against and there were 0 abstentions. Watch: NA Plenary sitting, 4 Dec 2018

5 Dec 2018: The National Council of Provinces adopted the Joint Constitutional Review Committee’s Report on the review of section 25 of the Constitution. Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West voted in favour.  Western Cape voted against the report. Watch: NCOP Plenary Sitting, 5 December 2018

6 December 2018: The National Assembly established an ad hoc committee in terms of Rule 253 to initiate and introduce legislation amending section 25 of the Constitution. Watch NA Plenary Sitting, 6 Dec 2018

View all the meeting records of the Ad Hoc Committee to Amend Section 25 of the Constitution here

19 March 2019: The National Assembly approved the report of the Ad Hoc Committee and resolved that it could not conclude its work in this term of Parliament. It recommended that the sixth Parliament be tasked with finalising the amendment of Section 25 of the Constitution. 210 MPs voted in favour of the report, 61 against and there were 0 abstentions. Watch: NA Plenary Sitting, 19 March 2019

25 July 2019: The National Assembly established an ad hoc committee in terms of Rule 253 to: (a) initiate and introduce legislation amending section 25 of the Constitution and (b) have regard to the work done and recommendations as contained in the reports of the Constitutional Review Committee and the previous Ad Hoc Committee on Amendment of section 25 of the Constitution. Watch NA Plenary Sitting, 25 Jul 2019

View all the meeting records of the Ad Hoc Committee to Initiate and Introduce Legislation amending Section 25 of Constitution here

The Adhoc Committee published a draft Bill for comment in December 2020.

You can track the processing of the bill here

The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of the Constitution adopted its draft programme for public hearings on 4 February 2020: View here

 


Below is information on the public hearings that took place across the country:

Beaufort West Western Cape, 2 August 2018 (see video)

Tshwane Public Hearings, 28 July 2018 (see video)

Eastern Cape Public Hearings, 25 July 2018 (see video part 2)

KwaZulu Natal Public Hearings, 19 July 2018 (see video part 1)

North West Public Hearings, 18 July 2018 (see video part 1) (see video part 2)

Mpumalanga Public Hearings, 4 July 2018 (see video part 1) (video part 2) (video part 3)

Free State Public Hearings, 3 July 2018 (see video part 1)  (video part 2)

Limpopo Public Hearings, 29 June 2018 (see video

 

Media statements:

 

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