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

Below is the list of meetings where the Joint Constitutional Review Committee considered the proposal:

Consideration of Reports by both Houses (NA and NCOP)

4 Dec 2018: The National Assembly adopted the Joint Constitutional Review Committee’s Report on the review of section 25 of the Constition. 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 Constition. 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

Below is the list of meetings of the Ad Hoc Committee to Amend Section 25 of the Constitution

NA House Report

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.

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

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:

• Citizen’s View Will Influence Parliament’s Decision on Section 25 (29 Jul 2018 9:35am)
• Joint Constitutional Review Committee Impressed by East London’s Public Hearings (26 Jul 2018 10:15pm)
• Joint Constitutional Review Committee Satisfied with Queenstown’s Public Hearings (25 Jul 2018 9:44pm)
• Constitutional Review Committee Pleased with Mthatha Public Hearings (23 Jul 2018 8:00pm)
• Call for Participants to Remain Calm at CRC Hearings (20 Jul 2018 7:45pm)
• Constitutional Review Committee Listen to the People of Jozini (19 Jul 2018 10:15pm)
• Constitutional Review Committee Satisfied with North West Province Public Hearings (19 Jul 2018 9:13pm)
• Constitutional Review Committee Holds First Public Hearing in Kwazulu-Natal (18 Jul 2018 9:56pm)
• Constitutional Review Committee Concerned with Low Levels of Tolerance at Mafikeng Public Hearings (18 Jul 2018 9:14pm)
• Constitutional Review Committee to Continue with North West Public Hearings in Rustenburg Tomorrow (18 Jul 2018 9:02pm)
• Constitutional Review Committee to Continue with North West Public Hearings in Mafikeng Tomorrow (17 Jul 2018 5:53pm)
• Constitutional Review Committee Impressed by Tolerance Levels of Taung Community at Public Hearings (17 Jul 2018 5:42pm)
• Constitutional Review Committee to Hold Public Hearings in Kwazulu-Natal (17 Jul 2018 9:54am)
• Constitutional Review Committee to Conduct Public Hearings in Taung, North West Province Tomorrow (16 Jul 2018 10:50am)
• Joint Constitutional Review Committee to Restart Section 25 Hearings Next Week After a Short Break (14 Jul 2018 11:03am)
• Joint Constitutional Review Committee Delegation Concludes Mpumalanga Hearings (5 Jul 2018 11:24am)
• Constitutional Review Committee Delegation Concludes Hearings in Two Provinces (4 Jul 2018 9:15pm)
• Final Mpumalanga Constitutional Review Committee Hearings in Middelburg (3 Jul 2018 11:55pm)
• Constitutional Review Committee Completes Free State Hearings Phuthaditjhaba (3 Jul 2018 5:00pm)
• ​Successful Mbombela Public Hearings Will Strengthen Final Recommendations (3 Jul 2018)
• Constitutional Review Committee Sees Packed Hall in Botshabelo (2 Jul 2018)
• Constitutional Review Committee Moves on to Welkom (2 Jul 2018)
• Mpumalanga Hearings on Possible Review of Section 25 Set to Begin Tomorrow (1 Jul 2018)
• Joint Constitutional Review Committee Moves on to the Free State (1 Jul 2018)
• Constitutional Review Committee Concludes Productive Public Hearings in Limpopo (1 Jul 2018)
• Thohoyandou to Hold Last Section 25 Hearings for Limpopo (30 Jun 2018)
• Constitutional Review Committee Moves on to Kimberley (29 Jun 2018)
• Section 25 Hearings Heading to Tzaneen (29 Jun 2018)
• Joint Constitutional Review Committee Praises Orderly Crowd in Upington Land Hearings (28 Jun 2018)
• Constitutional Review Committee Moves on to Kuruman (28 Jun 2018)
• Mature Debate over Possible Review of Section 25 Welcomed (28 Jun 2018)
• Constitutional Review Committee to Continue Hearings in Upington (27 Jun 2018)
• Tomorrow It’s Mokopane for Hearings on Possible Review of Section 25 (27 Jun 2018)
• Public Hearings on Restitution of Land Rights Amendment Bill Continue (27 Jun 2018)