Advocate Ngcukaitobi and GOOD agree – Expropriation Bill is a good idea; amending the Constitution isn’t
30 August 2021
Land Affairs expert Advocate Ngcukaitobi has come out in support of the Expropriation Bill and against the need for amending Section 25 of the Constitution.
Ngcukaitobi is reported to have said that the process to consider amending Section 25 of the Constitution “is a monumental waste of time. If the ANC wants serious progress on land, what it should do right now is to pass the Expropriation Bill.”
This is exactly the position of GOOD. GOOD has consistently said that there is no need to amend Section 25. GOOD’s 2019 national election manifesto said "a section 25 constitutional amendment is not required: government already expropriates land and section 25 already allows for zero compensation where appropriate".
The Constitutional Court in 2002 already confirmed expropriation at nil compensation was possible, stating “…that there are appropriate circumstances where it is permissible for legislation, in the broader public interest, to deprive persons of property without payment of compensation.”