Section 25 Review Process

30 May 2021

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.

Read: Hansard: Expropriation of Land without Compensation

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

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

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 (Sixth Parliament): 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

Below is a sample of the written submissions:

LARC

Association for Rural Advancement

CASAC Submission

PLAAS Submission

HSF Submission

Abahlali baseMjondolo

Free Market Foundation Submission

South African Institute for Advanced Constitutional, Public, Human Rights and International Law – UJ

Banking Association of South Africa

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

The Committee was mandated to complete its task and report to the House by 31 March 2020. On 5 March 2020, the Assembly extended the deadline for reporting to 29 May 2020. The Ad Hoc Committee ceased to exist on 29 May 2020 before it could complete its mandate

On 30 June 2020, the National Assembly re-established the Ad Hoc Committee with the same composition and powers as its predecessor. The Committee was instructed to incorporate in its work the proceedings and all the work of the previous committee up to and including 29 May 2020; and sets the deadline by which the Committee is to report to 31 December 2020.

On 22 October 2020, the Ad Hoc Committee resumed its public hearings in Limpopo, Northern Cape and the Western Cape, the first since the announcement of the national COVID-19 lockdown. See programme here.

On 3 December 2020, the Assembly extended the deadline for reporting to 31 March 2021. View here

On 31 May 2021, the Ad Hoc Committee resolved to request from the National Assembly an extension of 30 days in order for it to complete its work on the wording of the amendments that will see the expropriation of land without compensation embedded in the Constitution.

On 26 August 2021, the Assembly extended the deadline by which the Ad Hoc Committee to initiate & introduce legislation amending section 25 of the Constitution has to complete its task to 10 September 2021.

Below is information on the public hearings that took place across the country as well as media statements (2018 to-date):

Ad Hoc Committee Chairperson Postpones Hearings on Land (16 Mar 2020 5:30pm)

Eastern Cape Public Hearing: 15 March 2020 (see video)

People Lost Lives in the Fight for Their Land, Committee Told (17 Mar 2020 1:57pm)

Elderly Fear Death Will Rob Them of Enjoying the Land of Their Forebears (17 Mar 2020 1:51pm)

Residents of Chris Hani District Urge Committee to Fast-track Amendment of Section 25 of Constitution (16 Mar 2020 3:06pm)

‘Give Us Back Our Land’, Say Residents of Buffalo City (16 Mar 2020 2:10pm)

Eastern Cape Public Hearing: 14 March 2020 (see video)

Ad Hoc Committee Concludes Eastern Cape Public Hearings in Port Elizabeth (15 Mar 2020 11:45pm)

Engcobo Residents Tell the Ad Hoc Committee No Compensation for Land that was Stolen from its Rightful Owners (13 Mar 2020 11:45pm)

People of Tsolo Hold Different Views on Question of Land Expropriation (13 Mar 2020 11:17am)

Residents of or Tambo and Chris Hani Districts Tell Ad Hoc Committee to Amend the Constitution, and to Do so with Speed (13 Mar 2020 10:27am)