Land expropriation without compensation, within the law, may be included in ways to achieve the goal required for land redistribution in SA.
This is according to President Jacob Zuma, who was delivering his closing address at the ANC national policy conference in Nasrec in Johannesburg on Wednesday. Land was one of the most contentious issues discussed at the conference.
Recommendations made by the policy conference will be discussed at branch level and will be voted on in December.
There was agreement on the acceleration of redistribution and land reform. It was also agreed that using the fiscus for land redistribution must be accompanied by other measures if the ANC is to achieve the goal at the required pace, Zuma said. "Where it is necessary and unavoidable, this may include expropriation without compensation. The Constitution provides for legislative changes to be effected in the democratic process," he said.
Zuma said that in a democracy, discussion happens in Parliament if there is need to change a clause in the Constitution. If two thirds of Parliament agree, it could be amended, and if not, it did not get amended. "The majority prevails," he said.
Section 25 of the Constitution makes it clear there should be compensation for land expropriation. Paragraph 8 of the section, however, says "no provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of Section 36(1) [which deals with limitation of rights]".
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