NEWS & ANALYSIS

Section 25: Ad Hoc Committee to be established – Parliament

Committee must report to National Assembly by 31 March 2019 on its work

National Assembly to establish Ad Hoc Committee to introduce legislation amending Section 25 of the Constitution

6 December 2018

The National Assembly has agreed to establish an ad hoc committee to initiate and introduce legislation – before the end of the fifth Parliament – to amend section 25 of the Constitution so that expropriation of land without compensation is made explicit, as a legitimate option for land reform.

The ad hoc committee would comprise 11 voting members of the National Assembly and 14 non-voting members. The 11 voting members would be made up of six from the African National Congress (ANC), two from the Democratic Alliance (DA), one from the Economic Freedom Fighters (EFF) and two to represent other parties. The 14 non-voting members would consist of two members of the ANC, one from the DA, one from the EFF and 10 representing other parties.

The ad hoc committee would report to the National Assembly by 31 March 2019 on its work of initiating and introducing the necessary amendment to section 25 of the Constitution.

In carrying out its work and performing its functions, the ad hoc committee would be guided by the Constitution, legislation, National Assembly resolutions and Rule 167 of the 9thedition of the National Assembly Rules.

This Rule sets out the general powers of National Assembly Committees, including the power to:

- summon any person to appear before it to give evidence on oath or affirmation, or to produce documents;

- receive petitions, representations or submissions from interested persons or institutions;

- permit oral evidence on petitions, representations, submissions and any other matter before the committee;

- conduct public hearings; determine its own working arrangements;

- exercise any other powers assigned to it by the Constitution, legislation, the other provisions of these rules or resolutions of the Assembly.

Today’s National Assembly’s decision to establish the ad hoc committee follows agreement by both Houses of Parliament that section 25 of the Constitution be amended to make expropriation of land without compensation more explicit.

This made the matter a duly adopted resolution of Parliament. It also makes it possible for a Bill may be introduced, according to the procedures in Section 74 of the Constitution and the Rules of Parliament.

The Constitution’s procedure and Parliament’s Rules for introducing such a Bill ensures public participation and transparency.

Issued by Moloto Mothapo on behalf of Parliament of Republic of South Africa, 6 December 2018