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Cape Town – The committee responsible for amending Article 25 of the Constitution hopes to come up with a final text for the amendment that will pave the way for expropriation without compensation.
“Next week we will examine the final text to be published,” committee chairman Mathole Motshekga said on Friday.
He made the comments after the committee deliberated on the ANC and EFF proposals amid a push by some ANC MPs to have the text finalized and other parties not to budge. from their initial positions.
At the center of the discussion were the expropriation of land, custody of land, jurisdiction of the courts, compensation and the deadline for restitution.
Speaking to the committee earlier, Motshekga said there was no room for winners and losers among them.
“Failure to give and take will force all political parties represented in Parliament to put the interests of South Africa and its people first,” he said.
Informing the committee, ANC MK Mina Lesoma said national law should specify where a court can determine zero compensation.
Lesoma said his party proposed the insertion of a subsection that provided for the land as the common heritage of all citizens that the state should safeguard for future generations.
She also said that the ANC was in favor of a state custodian of certain lands so that citizens have access to land on an equitable basis.
DA MP Annelie Lotriet said her party was concerned about the court’s proposal to determine compensation for zero.
“This opens the door to arbitrary circumstances to determine when compensation can be zero,” she said.
Lotriet asks if an analysis of the real estate market and the financial implications of the changes has been carried out.
She also asked who will be responsible for obligations on property that has been expropriated and what will happen to property used as collateral or collateral, among other things.
“There are so many open questions,” Lotriet said.
EFF chief whip Floyd Shivambu said the property should be expropriated without compensation only in terms of general public interest law, which included land reform.
Shivambu also said the state should take reasonable legislative and other measures that allow state guardianship and citizens to access land on an equitable basis.
He also said that the 1930 deadline for restitution should be removed from the constitution and that individuals and communities would be entitled to restitution of such property or to equitable redress to the extent of the law of Parliament.
ACDP MP Wayne Thring said amending the constitution to allow expropriation was not necessary.
Freedom Front Plus chief whip Corné Mulder said they had taken note of the proposals, but the falsification of the constitution should recognize everyone’s right to own property.
Mulder also said they did not support the ANC’s proposals and state custody of land.
“There are more questions than answers if you look at the proposals,” he said before urging the committee to complete its work and submit its report to the National Assembly for decision.
Motshekga urged patience.
“I have no doubt that we will meet again,” he said as some ANC deputies indicated that they had hoped they would approve an amendment text with a vote and publish it for comment .
“We’re going somewhere slowly, but we have to get there. Let’s be patient with each other, ”said Motshekga.
“These problems can be solved, and we will have to solve them if we want the best interests of South Africa to prevail,” he said.