South Africans will quickly know whether or not the Property Clause within the Constitution might be amended to permit for expropriation of Land with out Compensation.
The Constitution’s 18th Amendment Bill might be tabled earlier than the National Assembly on Tuesday. The Ad Hoc Committee to Amend Section 25 of the Constitution adopted the Bill and its report in August.
The National Assembly will debate and vote on the Bill. It would require a two-thirds majority to move the Bill though some say even the next threshold because it relates to the Bill of Rights.
It began with an Economic Freedom Fighters (EFF) movement amended by the African National Congress (ANC) which was introduced earlier than the National Assembly on the twenty seventh February 2018. This was on the identical day of the fortieth commemoration of the founding father of the Pan Africanist Congress of Azania (PAC) Robert Mangaliso Sobukwe who died in 1978.
EFF chief Julius Malema says, “Almost 400-years-ago, a criminal by the name of Jan van Riebeck landed in our native land, declared and already occupied land by the native population as a no man’s land. Van Riebeck the first descendent of the Dutch arrived in the Cape will later lead a full-blown colonial genocide anti-Black land dispossession criminal project arguing that simply because our people could not produce title deeds, this land that they have been living in for more than a thousand years was not their own.”
The movement was then handed.
National Assembly House Chairperson Cedrick Frolick says, “The outcome of the division is as follows. Those in favour 241. Those against 83. There are no abstentions and the motion as amended is therefore agreed to.”
The Joint Constitutional Review Committee was tasked to examine whether or not South Africans wished the Property Clause to be amended. It performed public hearings throughout the nation and later reported again that almost all of South Africans wished Section 25 of the Constitution to be amended.
This led to the institution of the Ad Hoc Committee to provoke laws to amend the property clause to guarantee expropriation of land the place compensation could also be nil.
A draft Constitution 18th Amendment Bill was produced.
The ANC acknowledged that it wished sure land to be owned by the state however the EFF has been steadfast in its name for all land and pure resources to be beneath the custodianship of the State whereas different oppositions rejected any concept of Constitutional amendments.
EFF Chief Whip, Floyd Shivambu says they consider the ANC is failing the individuals.
“We still believe that the process was transparent and fair and consistent with what Parliament has mandated. We do not think that the draft Bill is going to permit the expropriation of land without compensation. We think it’s a sell-out Bill we are just revolving around the same question that the ANC is failing our people and the ANC leaves us with no option but to engage on extrajudicial processes of land reform here in South Africa.”
Ad Hoc Committee Chairperson, Dr Mathole Motshekga says he has little doubt that the programme can be adopted.
“It is premature to judge and suggest that people should take the law into their hands because Parliamentarians are failing. Parliamentarians have not yet failed, Parliamentarians are hard at work. We have agreed on a programme and I have no doubt that that programme would be followed and would produce the desired results.”
After a lot toing and froing, the Bill was adopted by the Ad Hoc Committee in August.
Council for Advancement of the Constitution, Lawson Naidoo says it’s nonetheless unclear whether or not the Bill will obtain a two-thirds majority vote.
“Whether the Amendment Bill will muster the two-thirds majority that it requires in order to be assed is another matter and that is going to depend on political parties in Parliament. I think there were some political parties that made their positions fairly clear so far, but we’ll have to see what happened when the Bill comes before the House and exactly how parties vote on it.”
The Democratic Alliance (DA) is assured that the Bill is not going to obtain a two-thirds majority vote. DA Leader John Steenhuisen says the celebration might be voting in opposition to the Bill.
“We will be voting against it. I don’t think the ANC is going to have enough numbers to do this constitutional amendment Bill through the House. It’s not radical enough for the EFF. We believe that it is not desirable to amend the constitution. The constitution should only be amended under very very specific circumstances and we remain committed to ensuring that and reform in South African through other means other than amending the constitution. So it’s a completely unnecessary bill and we hope to see it defeated in the House.”
But, whether it is handed, the DA has threatened to go to court docket.
“We are also ready for any legal challenges. We believe it’s going to require a special amendment because it impedes on other rights enshrined in Chapter 1 of the constitution, the Bill of rights, which would require to get a special majority in the House and not just simply the two-thirds majority and so we stand ready to challenge it legally should this Bill be passed in the National Assembly.”
Some opposition events stay divided on the Bill.
Freedom Front Plus (FF-Plus) MP, Wouter Wessels says the Bill, if handed, will solely lead to additional unemployment and collapse the South African financial system.
“The Freedom Front Plus will on Tuesday vote against the Bill. Which seeks to amend the constitution to provide for expropriation of land without compensation. We believe that any form of expropriation without compensation will be the detriment of South Africa as a whole. It will lead to further poverty. It will lead to further unemployment and it will completely collapse the South African economy. We’re hopeful that the Bill will not succeed as the two-thirds majority will not be achieved.”
PAC president Mzwanele Nyontsho says, “The expropriation of land without compensation is not the PAC policy. The PAC is for land repossession. The PAC is for land restoration. We are a dispossessed nation. Our land was taken by force and our land must be returned to its rightful owners. Anyway on Tuesday as PAC we are going to vote in favour of expropriation of land without compensation because anything that irritates and annoys the White people, we are going to support it. As long as the white people are not happy and not comfortable with the land expropriation we are going to vote in favour of it.”
It might be on this House the place the ultimate choice might be taken on whether or not the Constitution might be amended for the 18th time.
A profitable two-thirds majority vote requires 266 to 267 of the 400 members of the National Assembly to vote in favour of the Bill.