Debate on expropriation | Is the bill draconian or not? Two analysts address the issue



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An ad hoc committee to amend Section 25 of the Constitution to allow expropriation without compensation is expected to adopt the bill next month.

An ad hoc committee to amend Section 25 of the Constitution to allow expropriation without compensation is expected to adopt the bill next month.

  • The ad hoc committee amending Section 25 of the Constitution is expected to adopt its report next month.
  • The expropriation bill has raised concerns about the security of property rights in South Africa.
  • IRR’s Dr. Anthea Jeffrey responded to North-West University Professor Elmien du Plessis after she wrote an analytical paper examining the general requirements of the Constitution in terms of the power of the state when it comes to expropriating land. .
  • Du Plessis then responded to Dr. Jeffrey.

The ad hoc parliamentary committee amending article 25 of the Constitution is expected to adopt its report early next month.

The committee is likely to adopt the expropriation bill on constitutional amendments on March 19.

Later it will be submitted for debate in the National Assembly before going to the National Council of Provinces.

READ | Land expropriation without compensation: End of reform process in sight

The bill has raised concerns about the security of property rights in South Africa.

It establishes the process that the State can take to expropriate and, in certain circumstances, with zero compensation, such as when a property has been abandoned, and only after having tried to reach an agreement with the owners.

Last week, North-West University professor Elmien du Plessis examined the general requirements of the Constitution in terms of the power of the state when it comes to expropriating land. You can read the piece here.

This prompted Dr. Anthea Jeffrey of the Institute for Race Relations (IRR) to respond, in which she wrote that she disagrees with Du Plessis that the bill is good legislation.

In an effort to expand the debate, News24 gave Du Plessis the opportunity to provide feedback on Jeffrey’s response. You can read the two pieces below.


Debate on expropriation | Bill skewed towards the state: Anthea Jeffery responds to Elmien du Plessis [Subscriber content]

Dr Anthea jeffery argues that the Expropriation Bill is a draconian measure that can and will be used to strip South Africans of their homes, land, pension rights, businesses and other assets, and is not a “good law” as Elmien du Plessis claims. .

Debate on expropriation | The bill isn’t perfect, but … Elmien du Plessis responds to Anthea Jeffrey [Subscriber content]

Elmien du Plessis responds to Dr. Anthea Jeffrey, saying that while she welcomes the debate, she does not agree with her interpretations of specific clauses in the Expropriation Bill.

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