Question NW1410 to the Minister of Agriculture, Land Reform and Rural Development
26 August 2020 - NW1410
Joseph, Mr D to ask the Minister of Agriculture, Land Reform and Rural Development
Whether she intends to introduce amending legislation to allow for the suspension of section 25(7) of the Constitution of the Republic of South Africa, 1996, to make provision for the dispossessed property of Khoisan communities prior to 19 June 1913; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
THE MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT:
No, the Minister does not intend to introduce legislation to allow for the suspension of section 25(7) of the Constitution of the Republic of South Africa, 1996 to make provision for the dispossessed property of Khoisan communities prior to 19 June 1913. The Minister is of the view that any legislation that seeks to suspend or amend any section of the Constitution must be introduced by a committee of Parliament as contemplated in section 73(2) read together with section 74 of the Constitution. However, in redistributing land to communities in general, the Minister is not limited by the 19 June 1913 date applicable to restitution in terms of section 25(7) of the Constitution.