Expropriation without compensation: This is how the Constitution could be amended

Jopie Fourie

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There are currently three proposals on how to amend Section 25 of the Constitution to allow expropriation of land without compensation - two from Parliament's legal unit and one from the EFF.

The ad hoc committee tasked with amending Section 25 met on Wednesday for what committee chairperson Mathole Motshekga termed a "constitutional dialogue on land ownership", chaired by former Constitutional Court judge and current inspecting judge of correctional services Johann van der Westhuizen.

Several stakeholders from the public sector had an opportunity to air their views.

Advocate Charmaine van der Merwe of Parliament's legal services presented two options the unit had drafted on how Section 25 could be amended.

The first option she presented proposed amendments to subsections (2)(b) and (3) of Section 25 to read as follows:

(2)(b) subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court: Provided that a court may determine that no compensation is payable in the event of expropriation of land for the purposes of land reform…

(3) Where compensation is payable, the amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances.
 

Jopie Fourie

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The first option she presented proposed amendments to subsections (2)(b) and (3) of Section 25 to read as follows:

(2)(b) subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court: Provided that a court may determine that no compensation is payable in the event of expropriation of land for the purposes of land reform…

(3) Where compensation is payable, the amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances.
Still all the same...

If the Constitution is amended to allow for EWC UNDER ANY CIRCUMSTANCE, even redressing the past, or allowing a court to EWC, property rights are no longer guaranteed. They can turn around at any time and take your land without compensation and you lose everything invested. Can never purchase a property if the government or court can take it at any time without compensation "to redress the past".
 

phaktza

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Still all the same...

If the Constitution is amended to allow for EWC UNDER ANY CIRCUMSTANCE, even redressing the past, or allowing a court to EWC, property rights are no longer guaranteed. They can turn around at any time and take your land without compensation and you lose everything invested. Can never purchase a property if the government or court can take it at any time without compensation "to redress the past".
There goes the economy... Oh wait. I'm not sure how this fits into Cyril's turnaround strategy. The ANC are their own worst enemy.
 

Ponderer

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"Expropriation without compensation" is (the very definition of) theft.
Nobody (and I mean nobody) is going to take what is rightfully mine away from me.
I am willing to sell and buy stuff (including land), but nobody is going to take what rightfully belongs to me away from me without paying for it.

Also know this.
A surprise awaits those that try to steal (expropriate without compensate) from me.
If need be, force/violence will be met with force/violence.
 

2012

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Thereafter it will go through the normal public participation process
I detect more servers crashing from the load of emails.
 

ambroseg1

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"Expropriation without compensation" is (the very definition of) theft.
Nobody (and I mean nobody) is going to take what is rightfully mine away from me.
I am willing to sell and buy stuff (including land), but nobody is going to take what rightfully belongs to me away from me without paying for it.

Also know this.
A surprise awaits those that try to steal (expropriate without compensate) from me.
If need be, force/violence will be met with force/violence.
:laugh: tough talk. I laugh because I feel the same way, until I realise this government steals from its citizens every single day. Basically stealing our money in the form of BS, made up as we go along, taxes that go nowhere near what they are intended for. And what do we do about it. Fckall. Except come on here to bitch about it.

And to add insult to injury, the moment people start to mention a tax revolt, there are those that have the nerve to call it a stupid idea.
 

ArtyLoop

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And to add insult to injury, the moment people start to mention a tax revolt, there are those that have the nerve to call it a stupid idea.
Usually the same people who complain about e-tolls and pay them quietly. Usually older people who are still in the apartheid mindset where you do as you're told by the government.
 

Hemi300c

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Sanctions incoming, and for those who think oh that's ok look north.
Fking criminal idiots ruining our country.
 

EADC

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"Expropriation without compensation" is (the very definition of) theft.
Nobody (and I mean nobody) is going to take what is rightfully mine away from me.
I am willing to sell and buy stuff (including land), but nobody is going to take what rightfully belongs to me away from me without paying for it.

Also know this.
A surprise awaits those that try to steal (expropriate without compensate) from me.
If need be, force/violence will be met with force/violence.
At least you agree that white people stole land then.
 

ToxicBunny

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Sanctions incoming, and for those who think oh that's ok look north.
Fking criminal idiots ruining our country.
If they do alter the constitution to cater for EWC, I expect the rest of the world not to give two flying fscks, beyond being way more cautious about the investments in the country and a good number of multinationals scaling back or pulling out. Sanctions, not likely off just EWC
 

Jopie Fourie

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If they do alter the constitution to cater for EWC, I expect the rest of the world not to give two flying fscks, beyond being way more cautious about the investments in the country and a good number of multinationals scaling back or pulling out. Sanctions, not likely off just EWC
One thing is for sure.... South Africa can kiss AGOA good bye....
 
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