MPs reject land expropriation amendment in South Africa | Land Portal

The National Assembly has failed to pass the Constitutional Amendment Bill to allow for expropriation of land without compensation.

On Tuesday, the ANC failed to convince parties and muster the two-thirds majority vote it needed to push the bill through.

Only 204 MPs voted in favour of the bill, while 145 voted against it.

During the debate, ad hoc committee chairperson Dr Mathole Motshekga said the amendment bill sought to address a crime against the African majority.

“Those who have to vote for us are the beneficiaries of this crime against Africans and are joined by Africans who don’t know these crimes, and are joined in an unholy coalition.”

“With or without them, the ANC will make the land available to the people. Without this,  the triple challenge of poverty, unemployment and social ills will continue. Those who don’t support this, say [the] suffering of black people should continue,” Motshekga said.

DA MP Annelie Lotriet said the constitution and Section 25 were not stumbling blocks in the way of land reform.

She said creating uncertainty around property rights went against the rule of law.

“This amendment will have adverse effects on future investment. This isn’t what the country needs during the time of Covid-19 and devastation. The bill states there’ll be no financial implications. This is madness.

“Creating uncertainty property rights is contrary to the rule of law. The constitution as it stands provides legislation. There is no need to amend the constitution and it falls foul of the constitutional test,” she said.

EFF leader Julius Malema said anyone who passed the bill was selling black people out.

“The bill this House is asked to approve today will take black people many steps back,” Malema said.

“We reject the assertion of nil compensation simply because it’s vague. We know the process of compensation has defined situations where compensation can be nil. This bill doesn’t adequately address the expropriation of land without compensation .”

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