ANC to use current Constitution to test land expropriation without compensation

The ANC says despite its resolution to amend the Constitution to allow expropriation without compensation, it will still use the Constitution in its current form to test if expropriation is possible without compensation.

The ambiguity on the land issue comes after a land summit held by the party in Ekurhuleni this past weekend, where various stakeholders were invited to speak on existing land inequalities and ways of reform.

One of the views that emerged from the summit was the perspective that section 25 of the Constitution does not impede expropriation without compensation and therefore does not need to be amended.

In a briefing on the outcomes of the weekend’s workshop, national executive committee (NEC) member Ronald Lamola said the party would encourage government to forge ahead with expropriation using the current frameworks.

READ MORE: The land — ANC’s date with destiny

“Our view is that section 25 as it currently stands allows us to expropriate without compensation. But the debate has been that it has not been tested. So we are saying is that let’s put section 25 to the test,” Lamola said.

However Lamola also said the ANC would continue to abide with its December resolution for expropriation without compensation by pushing for the adoption of a redistribution Bill in Parliament that would outline the terms and conditions of uncompensated expropriation.

READ MORE: Lamola on land expropriation: We need legislation as forceful as war

“After that Bill put in place we will look into the possibility of the President taking the Bill to the Constitutional court to test its constitutionality,” he said.

“That will then cut out the red tape and give clarity. So the position of the ANC is that there is nothing that must stop us from achieving the position of national conference.”

NEC member and chair of the economic transformation sub-committee Enoch Godongwana said the party admitted to making some mistakes in its years of leadership, including incorrectly following the guidelines of the 1975 Land Act which advocated for expropriation based on market value.

“It would be disingenuous of us not to admit that a lot of mistakes over the past 20 years have been made. No doubt about that. For instance if you take the willing buyer willing seller, you look at every document of the ANC you will never find it,” Godongwana said.

“But our government mistakenly followed that. I accept that point”

Subscribe to the M&G

These are unprecedented times, and the role of media to tell and record the story of South Africa as it develops is more important than ever.

The Mail & Guardian is a proud news publisher with roots stretching back 35 years, and we’ve survived right from day one thanks to the support of readers who value fiercely independent journalism that is beholden to no-one. To help us continue for another 35 future years with the same proud values, please consider taking out a subscription.

Dineo Bendile
Dineo Bendile works from Johannesburg. Political reporter. BLACK. Dineo Bendile has over 2712 followers on Twitter.

Related stories

God just got his hand back

Diego Armando Maradona, the greatest footballer to wear the number 10 jersey, has left the field

Public protector’s ‘mistakes’ were made to nail the president, court hears

Busisiwe Mkhwebane discarded facts that were inconvenient to her when she investigated the CR17 campaign, Cyril Ramaphosa’s lawyers argued

CR17 report is not perfect, but the investigation was rational, court hears

So says public protector Busisiwe Mkwhebane’s lawyer, who said she had reason to suspect the money was being laundered through the campaign

#CR17 fight heads to the Constitutional Court

amaBhungane’s arguments about the disclosure of campaign funding are also expected to be heard

‘Stand aside’ rule fails the Ace test

The ANC has stalled on setting ground rules for cleanout of comrades accused of corruption

‘Probe Free State tenders under Magashule’

A centralised procurement programme in the province allegedly operated under the former premier

Subscribers only

Q&A Sessions: Frank Chikane on the rainbow where colours never...

Reverend Frank Chikane has just completed six years as the chairperson of the Kagiso Trust. He speaks about corruption, his children’s views and how churches can be mobilised

ANC: ‘We’re operating under conditions of anarchy’

In its latest policy documents, the ANC is self-critical and wants ‘consequence management’, yet it’s letting its members off the hook again

More top stories

Shabnim Ismail bowls her way into the record books Down...

The night before Australia’s Women’s Big Bash League (WBBL) final, fiery South African fast bowler Shabnim Ismail lay awake pondering how...

Hawks make arrest in matric maths paper leak

Themba Daniel Shikwambana, who works at a printing company, was granted bail and is due to return to court in January

Andile Lungisa: Early parole for the house of truth

Disgraced Nelson Mandela Bay councillor Andile Lungisa calls for a change of leadership in the ANC immediately after being released on parole

War of words at Zondo commission: ‘Grow up Mr Gordhan,...

The cross-examination of the public enterprises minister by Tom Moyane’s lawyers at the state capture inquiry went on well into overtime on Monday evening

press releases

Loading latest Press Releases…