# Constitution Eighteenth Amendment

- Link: https://dearsouthafrica.co.za/land-expropriation18/
- Published: 2021-07-16T20:53:43+02:00
- Author: dearSA

### Parliament invites the public to comment on the Draft Constitution Eighteenth Amendment Bill.

The committee requests further submissions on proposals to amend the Constitution
so as to provide that:

 * Where land and any improvements thereon are expropriated for the purposes of 
   land reform, the amount of compensation payable may be nil;
 * That national legislation must provide circumstances where the amount of compensation
   is nil;
 * Land should be a common heritage of all citizens that the state must safeguard
   for future generations;
 * Conditions should be fostered to enable state custodianship of certain land in
   order for citizens to gain access to land on an equitable basis.

Object, endorse, add suggestions, or have your say below.

### ** 49,027 ** comments delivered so far.

[view a report on the public participation ](https://dearsouthafrica.co.za/constitution-eighteenth-amendment-bill/report/)

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### IN THE MEDIA

 * News24 – [POLITICS THIS WEEK: MPs set to vote on land expropriation](https://www.news24.com/news24/southafrica/news/politics-this-week-mps-set-to-vote-on-land-expropriation-while-da-moves-to-finalise-coalition-agreements-in-gauteng-20211206)
 * IOL – [MPs to vote on land expropriation](https://www.iol.co.za/news/politics/mps-to-vote-on-land-expropriation-35d994fe-f49b-4515-8393-8c3d73e31eb2)
 * IOL – [Parliament to consider in December report on land expropriation without compensation](https://www.iol.co.za/news/politics/parliament-to-consider-in-december-report-on-land-expropriation-without-compensation-2bcb1286-daf9-465f-bd5c-25efb2c0c580)
 * SABC – [DA threatens legal action if the 18th Constitutional Amendment Bill is passed](https://www.sabcnews.com/sabcnews/da-threatens-legal-action-if-the-18th-constitutional-amendment-bill-is-passed/)

In December 2019 and January 2020, the ad hoc Committee to Initiate and Introduce
Legislation Amending Section 25 of the Constitution invited stakeholders and interested
persons to submit written submissions on the Draft Constitution Eighteenth Amendment
Bill [B – 2019]. The committee received and deliberated on proposals received from
members of the public.

Committee Chairperson Dr Mathole Motshekga said: “The revised Bill is the product
of the initial Bill on the matter followed by a comprehensive public participation
process. This was followed by intensive deliberations by the committee on what came
out of the public participation process in comparison to what is in the initial 
Bill. The committee has resolved to open the process up again as the initial Bill
was a compromised Bill agreed to merely to kick-start the process.”

The purpose of the revised Constitution 18th Amendment Bill is to amend section 
25 of the Constitution so as to provide that where land is expropriated for land
reform, the amount of compensation payable may be nil. Further, to clarify that 
nil compensation is a legitimate option for land reform, so as to address the historic
wrongs caused by the arbitrary dispossession of land, and in so doing ensure equitable
access to land and further empower the majority of South Africans to be productive
participants in ownership, food security and agricultural reform programmes.

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