Although our current Constitution allows for expropriation subject to “just and equitable” compensation, the draft Constitution Eighteenth Amendment Bill, 2019, which is open for comment until 31 January 2020, wants to explicitly allow for “nil” compensation where land is taken for the purposes of “land reform”.
Three sections of the Constitution recognises and entrenches the importance of international law when interpreting and implementing South African law.
The Universal Declaration of Human Rights (1948) as well as other international treaties such as the African Charter on Human and Peoples’ Rights (1986) and the First Protocol to the European Convention on Human Rights (1953) recognise the right to property as well as the fact that property can be expropriated. The expropriation of property is, however, always subject to certain conditions. One of these conditions include the payment of “appropriate/adequate” compensation.
The proposed amendment is in conflict with international law and Saai will oppose this amendment on behalf of family farmers.
Read our commentary here:
SAAI commentary on Draft Constitution 18th Amendment Bill_31 January_2020
COMMENTARY CLOSES ON 25 FEBRUARY 2020. PLEASE SHARE THIS LINK WITH YOUR FRIENDS.
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