HIGH IMPORTANCE – LAND EXPROPRIATION:
Parliament invites the public to comment on the Draft Constitution Eighteenth Amendment Bill.
The Adhoc committee requests further public comment, before Friday 13 August, on party proposals suggesting to amend the Constitution to provide that:
• Where land and any improvements thereon are expropriated for the purposes of land reform, the amount of compensation payable 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 land in order for citizens to gain access to land on an equitable basis.
This is YOUR opportunity for you to influence the final decision on the draft Constitution Amendment Bill before it is enacted.
COMMENT ON DRAFT CONSTITUTION EIGHTEENTH AMENDMENT BILL
If the supreme law of South Africa, is the Constitution, then the Constitution surely does not allow for the will of the majority to dictate to the Constitution to expropriate land without compensation. If the will of the majority then dictates to the Constitution in South Africa, the majority might also decide that all the whites in South Africa should be killed which will be an irrational democratic decision but surely not in the interest of the nation at large.
Our President confirmed that the decision of the ANC conference reflects the decision of the majority of South Africa and that decision dictates the Constitution of South Africa and comments at this stage are therefore futile.
The right to private property is fundamental right to the Constitution itself. The international law position on the expropriation of property owned by foreign nationals is that the expropriating state is under an obligation to pay compensation. The denial of compensation for expropriated property is not only a violation of the South African Constitution but also a violation of international law and an act of confiscation or theft.
The only redress for victims of expropriation without compensation due to amendments of the property rights clause in the Constitution will be to take each conduct of confiscation masquerading as expropriation of land without compensation of land upon judicial review.
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