Karel | Nov 20, 2018

Amending Section 25 of the Constitution to include expropriation without compensation - the latest developments, and reflections of a more general nature on the implementation of Government policies
Anton van Dalsen
Jun 09, 2021

This brief looks at the latest developments in the process to amend Section 25 of the Constitution, specifically regarding expropriation without compensation. Against the background of land reform requirements, it then goes on to reflect on the implications of insufficient institutional capacity within Government to implement large complex projects.

Section 25 Of The Constitution - What Happens Next?
Charles Simkins
Aug 20, 2018

The purpose of this brief is to set out the framework within which developments in relation to the potential amendment of Section 25 of the Constitution will unfold, in relation to expropriation without compensation.

Parliamentary Submission: Section 25 (Property Rights)
Anton van Dalsen & Mira Menell Briel
Jun 19, 2018

As part of its public participation process, the Joint Constitutional Review Committee of Parliament called for submissions on the review of Section 25 of the Constitution (the Property Clause), following a motion passed by the National Assembly on 27 February 2018, relating to expropriation without compensation.

The Case for Retaining the Cutoff Date for Land Restitution Claims (Section 25 (7) of the Constitution)
Charles Simkins
Oct 07, 2014

Section 25 (7) of the Constitution established the right of individuals and communities who were deprived of property after 19 June 1913, as a result of past racial laws, to either restitution of their property or equitable redress. It is now being debated whether the cutoff date is appropriate or whether it was a compromise made in 1994 which should now be rescinded if sufficient support can be found in Parliament. At present, the ANC would need the co-operation of other parties to muster two thirds of the votes necessary for a constitutional amendment. The EFF has already promised to make its supporters available for such a move.

Charles Simkins
Aug 21, 2014

Historically, redistribution of assets has taken a number of forms. It may take place at the end of a war or as an outcome of a revolution. It may be the result of special action of greater or lesser legality under an authoritarian government. South Africa is developing an approach which differs from all the above. It has the following characteristics: