EXPLAINER: Land expropriation without compensation - will it affect me?
The National Assembly adopted a motion to investigate the feasibility of land expropriation without compensation which will see a review of the property clause in the Constitution by an overwhelming majority on Tuesday.
Two-hundred-and-forty-one Parliamentarians voted in favour of the motion.
Director at the Centre for Constitutional Rights, Phephelaphi Dube, says extensive deliberations on the nature and extent of the expropriations are set to follow.
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Public participation
"They will have a public consultation process in terms of which members of the public are invited to make representations as to how they think the resolution should be implemented."
The Constitutional Review Committee has until August 30 to capture and infuse these representations into the proposed amendment of section 25.
Section 25 and the Expropriation Act of 1975
It allows government to expropriate land for public interest including the commitment to land reform but subjected to compensation. Parliament is now seeking to amend this section.
"Any kind of expropriation had to be accompanied by just and equitable compensation. This resolution reconsiders this. There is therefore a need for new expropriation bill."
"Willing buyer, willing seller" scenario
The African National Congress (ANC) previously embarked on the method of only expropriating land which the owner had agreed to sell. This method is now redundant.
What type of land
The resolution adopted makes reference any type of land. Dube however believes that expropriation do not only include land reform, but also government programs to develop rural areas.
Can government just come and take my land?
Yes and no. Government has an inherent power to expropriate land. The decision can only be challenged in court if it's believed government acted improperly or procedure wasn't followed.