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Mail & Guardian

Section 25

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In South Africa, your music is your property, and the law supports you
ALBIE SACHS

Stealing a song is like stealing a car; treat music rights as tangible property

In South Africa, your music is your property, and the law supports you

  • Nicholas Maweni
3 min read
(constitutionhill.org.za)
CONSTITUTIONAL AMENDMENTS

Mafora’s ‘legal fictions’ nullify constitutional supremacy

In systems of constitutional supremacy, constitutions may introduce legal fictions, but legal fictions may not be introduced into constitutions, like the Expropriation Act does

  • Martin van Staden
8 min read
Back foot: After his expulsion from the ANC, Julius Malema went to Gold Fields’ mine near Carletonville to campaign for the nationalisation of mines. (Delwyn Verasamy/M&G)
ANC YOUTH LEAGUE

Without the ANC, Malema is a ‘destroyer of confidence’ no more

As the ANC’s Youth League leader, Julius Malema spooked investors a decade ago by popularising calls to nationalise the mines

  • Sarah Smit
6 min read
Suspended ANC secretary general Ace Magashule claims that his intended suspension of the party’s president, Cyril Ramaphosa, was lawful.
ACE MAGASHULE

Magashule warns of ANC disunity and ‘bumpy’ leadership contest in 2022

The ANC’s corruption-accused suspended secretary general decries use of ‘state organs’ to ‘persecute party leaders’

  • Lizeka Tandwa
5 min read
Mail & Gaurdian
18TH CONSTITUTIONAL AMENDMENT BILL

Editorial: Constitutional Amendment Bill on land is a spectacular and expected failure

When the ANC introduced the Amendment Bill, it must have been apparent it would lose, having failed to secure an agreement with any other party beforehand

  • Editorial
3 min read
Former president Thabo Mbeki. (David Harrison/M&G)
18TH CONSTITUTIONAL AMENDMENT BILL

RECAP: Mbeki tells ANC that land without compensation goes against the party’s Freedom Charter

‘This would be a very serious disincentive to investment,’ says Thabo Mbeki in a document arguing that the ANC should not proceed with the Constitutional amendment of section 25

  • Lizeka Tandwa
5 min read
Oral submission: The public hearings on amending the constitution’s Section 25 on land expropriation concluded in 2019 and a draft amendment bill is now being deliberated. (Delwyn Verasamy/M&G)
ANC

Section 25: ANC snubs EFF after negotiations impasse

The ANC is searching for alternatives to end months of negotiations with the EFF on the land question

  • Lizeka Tandwa
6 min read
Public interest: People queue to attend a public hearing in Kimberley on land expropriations. The ANC’s national executive committee decided at its lekgotla earlier this month that the courts should not be involved in the process of determining compensation for expropriated land. (Paul Botes/M&G)
ANC

ANC execs want land power

Experts say, however, that the executive already has authority and this latest move is politicking

  • Thando Maeko
5 min read
Two changes are to be made for a court to determine how much must be paid for expropriated land. (Paul Botes/M&G)
AGRISA

Courts to guide land expropriation

Two bits of law need to be approved before a court can decide if land owners will be compensated

  • Thando Maeko
6 min read
Although both manifestos begin with an endorsement for an amendment to Section 25 of the Constitution, the solutions they propose are starkly different. (Paul Botes/M&G)
ANC

The land wars of 2019: Analysing the EFF and ANC manifestos

The ANC proposes to continue working with large agricultural businesses, an approach that has to date marginalised small-scale farmers

  • Tembeka Ngcukaitobi
12 min read
Parliament says there’ll be no rush to finalise an amendment to section 25 of the Constitution — to allow for the expropriation of land without compensation — before the legislature dissolves before the elections. (David Harrison/M&G)
CONSTITUTION

No rush to fast-track expropriation Bill

​Parliament says there’ll be no rush to finalise an amendment to section 25 of the Constitution before the legislature dissolves before the elections

  • Lester Kiewit
3 min read
Thousands across the country attended public hearings on the proposed amendment (Oupa Nkosi)
EFF

Committee votes to amend the Constitution to allow expropriation without compensation

​The Joint Constitutional Review Committee has adopted a resolution to amend Section 25 of the Constitution

  • Jan Gerber
1 min read
“I’ve tried commercial banks but, because of my credit score, it is so difficult to get a loan, and the Land Bank uses the same scale,” Ramodisa Monaisa said.
GRAIN SA

A black farmer pleads with parliament to leave the constitution alone

Land ever after: ​Ramodisa Monaisa pleaded for the Constitution to remain as it is

  • Raeesa Pather
3 min read
The parliamentary submissions follow a nationwide tour where public land hearings were held. (Oupa Nkosi/M&G)
AGRISA

Parliament to hear stakeholder submissions on land expropriation

The presentations are expected to continue until Friday.

  • Jan Gerber
1 min read
Progress means avoiding the trap of assuming ‘our’ worst fears are ‘their’ intentions, writes Brian Whittaker. (Madelene Cronje/M&G)
AGRICULTURE

Land reform – and how to keep your head

Brian Whittaker explains how expropriation without compensation will require careful management by the state

  • Letters
5 min read