Parliament’s joint constitutional review committee looks set to recommend amending the constitution to make it clear that expropriation without compensation is one of the means that can be used to address the injustices of the past.
The committee, mandated by parliament to consider whether a constitutional amendment is needed to ease expropriation of land without compensation, met on Tuesday to discuss possible recommendations of the final report on the contentious issue, which has polarised SA.
The committee is scheduled to finalise its report by Thursday.
The push by the ANC and the opposition EFF to amend section 25 of the constitution has spooked investors amid mounting negative sentiment towards emerging markets.
While many of the opposition parties oppose an amendment, the ANC — which enjoys a majority in parliament — made it clear on Tuesday that a constitutional amendment was unavoidable. The EFF also supports the amendment.
Some commentators have warned that wholesale expropriation without compensation will threaten food security and negatively affect economic activity and job creation as the country battles with high unemployment.
However, President Cyril Ramaphosa and senior government officials insist expropriation will be done in an orderly way that will not disrupt food security. It remains unclear whether parliament will be able to process any legislative amendments before the 2019 general election.
While many of the opposition parties oppose an amendment, the ANC — which enjoys a majority in parliament — made it clear on Tuesday that a constitutional amendment was unavoidable.
In the event of the committee voting in favour of the amendment, another committee set up by parliament will then consider the nuts and bolts of how the clause in question should be redrafted. This will require further public participation.
EFF leader Julius Malema said that while the ANC decided to amend the constitution this should not be confused with the state’s position, which was still to be finalised. Malema said it was clear that the majority of participants in the public hearings were in favour of a constitutional amendment.
“It is incorrect to say that it was not a smooth process [public hearings]… your ideas [DA and other opposition parties] did not win the day,” said Malema.
Senior ANC MP Vincent Smith said it was a myth that a constitutional amendment would deter investment.
“For years, the dignity of the majority was trampled on … this was never a referendum but about an argument. The original sin has to be reversed… the vast majority of South Africans I interacted with felt that the constitution must be amended to make it explicit… to make it unchallengeable that expropriation without compensation is one means to address the injustices of the past,” said Smith.
It is a myth that there will be no investment [when there is expropriation without compensation]… we should not use that as an example not to fix the wrongs of the past. We think there is a need to amend [the constitution],” he said.
The committee is due to meet again on Wednesday.
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