# summary

- Link: https://dearsouthafrica.co.za/land-expropriation18/summary/
- Published: 2021-07-16T21:01:18+02:00
- Author: dearSA

[ View the Draft Amendment Bill campaign](https://dearsouthafrica.co.za/land-expropriation18/)

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. 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; and
 * To provide for matters connected therewith.

The Ad Hoc Committee to Initiate and Introduce Legislation Amending Section 25 of
the Constitution calls for public comment on the revised 18th Constitutional Amendment
Bill, which will see the expropriation of land without compensation embedded in 
the Constitution.

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.

### STATEMENTS FROM OTHER ORGANISATIONS

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 Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/land-expropriation18/summary/ 18thamendment@dearsouthafrica.co.za?subject=org info for 18th amendment info page)

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AgriLim-Logo-small.png "AgriLim Logo small")

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### Cape Independence Advocacy Group

### Dear Speaker,

I am writing to you on behalf of the Cape Independence Advocacy Group (CIAG) and
the seventy thousand South Africans who actively follow our work.

We wish to comment on the ‘Electoral Commissions Amendment Act, 2021’, which is 
proposed by the Democratic Alliance (DA) and was published in the Government Gazette
on 21 June 2021.

Given our mandate, our comments are made in the context of the Western Cape, although
we appreciate and respect that the constitutional rights enacted through this bill
will rightfully apply to all provinces.

This bill is essential to restoring some degree of functional democracy to the voters
of the Western Cape and we therefore unreservedly and wholeheartedly endorse it.

Through their voting behaviour, Western Cape voters have made it abundantly clear
that they do not endorse many of the policy and ideological positions of the South
African national government, but are left utterly powerless to resist them because
the voters in other South African provinces, who greatly outnumber them, hold starkly
different ideological and political opinions.

In terms of seeing their democratic will enacted, for the majority of Western Cape
voters, the democratic era has not offered much of an improvement over the apartheid
era. It is a statistical fact that, since 1994, the majority of Western Cape voters
have never been governed by the political party they voted for, and they have no
foreseeable prospect of ever being governed by the party they vote for. As such,
they cannot be said to have functional democracy.

One of the few glimmers of democratic hope Western Cape voters do have, is the provision
of Clause 127(2)(f) of the national constitution, and 37(2)(f) of the Western Cape
constitution, which allows them, at the discretion of the premier who they elected,
to have their voices heard on matters which are important to them, without being
drowned out by a national majority who fundamentally hold different views.

To deny Western Cape voters this constitutional right would be a very serious infringement
of their political rights and freedoms, and would be a clear indication that parliament
and the national government are not interested in the constitutional rights and 
democratic wishes of Western Cape voters.

We therefore call upon parliament to pass this bill at the earliest opportunity,
and without objection.

Yours Faithfully

**Phil Craig
 
(On behalf of the Cape Independence Advocacy Group)

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 * [Constitution of SA (all languages)](https://dearsafrica.org/constitution-of-south-africa/)
 * [Section 25 Review Process](https://pmg.org.za/blog/Section%2025%20Review%20Process)
 * [Hansard: Expropriation of Land without Compensation](https://pmg.org.za/files/180320Expropriation_of_Land_without_Compensation_Draft_Resolution_-_Mr_J_S_Ma....doc)
 * [Motion: Expropriation of Land without Compensation](https://pmg.org.za/files/180320motion.pdf)
 * [Draft Bill, with party proposals](https://pmg.org.za/files/210531Draft_2.2021.05.30.S25.ANC.EFF.FF_00000002.doc)

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