Agbiz | Constitutional Amendment Bill fails to reach required support

  • 08 Desember 2021
  • 779
  •  Agbiz
  •  press-release

This Bill's purpose was to amend section 25 of the Constitution to make it explicit that just and equitable compensation for land expropriated in the public interest could be nil. In popular discourse, the Bill would cater for 'expropriation without compensation' although the legal implications of the Bill are far more nuanced. The National Assembly was tasked with voting on the Bill on Tuesday.

In the house, 145 members voted against the adoption of the Bill and 204 members in support of the Bill. An amendment to the Bill of Rights requires a 2/3 majority which means that the majority of 204 was not sufficient to pass the Bill.

Agbiz will continue to monitor developments to determine whether or not the Bill will be revised or whether there will be new motions in this regard, but based on Tuesday’s vote, the National Assembly did not support the proposed amendment to the Constitution.

This process should not be confused with the Expropriation Bill which requires an ordinary majority to pass and is largely an independent process to the Constitutional Amendment which did not pass on Tuesday. The Expropriation Bill is still under consideration by the Portfolio Committee on Public Works.

This year the Committee held public hearings and obtained legal opinion on some of the issues raised during public consultations but the Committee will only consider these in the new year.

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