Latest update on Land Reform

  • 31 Mei 2019
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Land Reform
Status Update

Land Reform | Status Update

31 May 2019

 

On 15 November 2018 the Constitutional Review Committee made the recommendation that section 25 of the Constitution should be amended to ‘clarify’ that this section does make provision for expropriation without compensation. An ad hoc committee chaired by Thoko Didiza was mandated to consult with legal experts and draft the contents of the amendment. The ad hoc committee will finally be responsible for drafting a Constitutional Amendment Bill and inviting public consultation. Agbiz will engage on this Bill, as well as make oral submissions to Parliament if permitted.

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Land is also a valued productive asset, and land tenure systems and reform must unlock the efficient and optimal use of land for competitive production purposes.

Agbiz has recently updated its Land Reform Status document – please see attached. It provides a snapshot of where we currently stand with land reform legislation and other processes. One of the processes introduced by government is the Presidential Land Reform Advisory Panel, with the brief to provide a report with recommendations to the Cabinet Inter-Ministerial Committee (IMC) on a new legislation framework for land reform, amongst others.

The Presidential Advisory Panel on Land Reform and Agriculture recently completed the report, and submitted it to the IMC. The IMC will review the report and comment, and probably request the Panel to make further edits where necessary. Thereafter it will be submitted to the President. The President will not necessarily use the report as a Land Reform and Agriculture Policy guide, but will rather extract useful insights from it to formulate a policy and a plan. The timeframe for this process is unclear as it is all dependent on the IMC, and the President. It is not clear if the report will be published for public comment either, or will be treated as an advice to policy makers only, where the public will only see plans or policies deduced form it.

Mr Wandile Sihlobo of Agbiz was appointed to this Panel by President Ramaphosa and has served there in his personal capacity with distinction. Once, and if, the Report is made available for public comment, Agbiz will engage in the process, as per the Agbiz Council decision of 26 April 2019.





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