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:

15 Nov 2018

Section 25 review of Constitution: adoption

14 Nov 2018

Review of Section 25 of Constitution: Summary of Party Recommendations

13 Nov 2018

Section 25 review of Constitution: party submissions

08 Nov 2018

Section 25 review of Constitution: minutes and way forward

01 Nov 2018

Review of Section 25 of Constitution: draft Committee Report

26 Oct 2018

Section 25 review of Constitution: oral submissions

25 Oct 2018

Section 25 review of Constitution: oral submissions

11 Oct 2018

Election of Co-Chairperson (NA); Committee Programme

20 Sep 2018

Reports on Public Submissions and Provincial & Parliament Hearings

13 Sep 2018

Process: Reports on Public Submissions and Provincial & Parliament Hearings

07 Sep 2018

Section 25 review of Constitution: public hearings day 4

06 Sep 2018

Section 25 review of Constitution: public hearings day 3

05 Sep 2018

Section 25 review of Constitution: public hearings day 2

04 Sep 2018

Section 25 review of Constitution: public hearings day 1

22 Aug 2018

Section 25 review: progress update & selection of oral submission participants

17 Jul 2018

Public Hearings on Review of Section 25 of Constitution (26 July - 4 August 2018)

21 Jun 2018

Status Report on logistics for public hearings in provinces

08 Jun 2018

Constitution Section 25: Colloquium

10 May 2018

Section 25 review: adoption of programme for public hearings

20 Mar 2018

Section 25 review: proposed programme for public hearings

 

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

13 Mar 2019 Committee Report on Amending Section 25 of the Constitution
08 Mar 2019 Section 25 amendment: expert opinion
01 Mar 2019 Afriforum application to review public participation process; Constitutional Review Committee Report overview; Section 25 amendment: expert opinion
21 Feb 2019 Legal Services on process to amend the Constitution
12 Feb 2019 Election of Chairperson

 

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: