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ANC Remains Resolute on Expropriation of Land without Compensation

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President Ramaphosa clearly stated as part of the January 8th statement celebrating the ANC’s 111 year birthday that “The ANC remains resolute in its commitment to equitable access to land to reverse apartheid disposition … The passage of the Expropriation Bill this year will … enable Expropriation of Land Without Compensation where appropriate – that is what we will be proceeding with as there is still land hunger in SA!”

Free State Agriculture (FSA) together with civil society successfully opposed the 18th Constitutional Amendment Bill which attempted to Amend Section 25 of the Constitution “to make explicit that which is implicit” and clearly list situations in which it would be permissible for expropriation without compensation. From the beginning 2018 after the 54th ANC conference resolution the full parliamentary process took its course and FSA actively participated fully in all means it could to state our opposition to the Constitutional Amendment Bill. On 07 December 2021 The National Assembly rejected the Second Reading of the Bill after not receiving a 75%+ vote in favor of the Bill, and therefore the 18th Constitutional Amendment Bill has lapsed.

The Expropriation Bill however, which gives effect to Section 25 of the constitution, has not been finalised.  On 28 September 2022 the Bill was passed by the National Assembly and transmitted to the National Council of Provinces (NCOP) for concurrence. Hence the Bill still needs to be passed by the NCOP. The January 8 Statement by the ANC this Sunday clearly stated the ANC position on #EWC and gives an indication as to how this will be used for populism in leading up to the 2024 national elections.

FSA will carefully monitor the Progress of the Expropriation Bill as it goes through the NCOP process after Parliament opens again early in 2023 and if an opportunity again presents, to fully engage the public participation process which is currently closed. The FSA Campaign against the Expropriation Bill in its current form is still live on our website and of the 5-point plan posted there we have achieved all 5 points. FSA remains opposed to the Expropriation Bill in its current form as it still provides an expectation for expropriation in the very broad public interest for land reform at nil compensation breaking down the very foundation of entrenched property rights. Free State Agriculture believes in market based compensation that is just and equitable for land to be expropriated for the specific public good. If the Bill is passed, FSA stands ready to help take on the first case where just and equitable compensation is not paid to the land owner.