March 2021

The Parliament of South Africa passed a motion to review the property ownership clause of the Constitution to allow for the expropriation of land without compensation.

The Expropriation Bill of 2020 was published, gazetted and introduced as part of the parliamentary process in the National Assembly. According to the Bill, expropriation is a “compulsory acquisition of property by an expropriating authority”, which means any state organ or department may expropriate private property. The Bill enables the expropriation of any “property” and…

The National Council of Provinces adopted the Joint Constitutional Review Committee’s report on the review of Section 25 of the Constitution. Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape and North West voted in favour. Western Cape voted against the report.

The National Assembly established an Ad Hoc Committee in terms of Rule 253 to initiate and introduce legislation amending Section 25 of the Constitution.

An ANC economic policy document is published which contains new proposals on land reform, including the creation of an Agricultural Development Agency tasked with creating policy and processes to facilitate land donations to black farmers, and the creation of incentive mechanisms – such as enabling BEE recognition – for farmers who donate land or provide…

President Ramaphosa states that the ANC plans to move forward on its plans to introduce land expropriation without compensation in 2022. Ramaphosa said: “The ANC will implement its resolution on the expropriation of land without compensation despite the refusal of other parties in Parliament.”