CFCR urgently requests that Parliament extend deadline for public comment on Draft Constitution 18th Amendment Bill
14 January 2020
The Centre for Constitutional Rights (CFCR) has written to the Chairperson of the Ad Hoc Committee Tasked with Initiating and Introducing Legislation to Amend Section 25 of the Constitution, urgently requesting an extension of the deadline for public comment. On 13 December 2019, Parliament published an invitation in the Government Gazette, calling on the public to provide written submissions on the draft Constitution 18th Amendment Bill by 31 January 2020.
In brief, the draft Constitution 18th Amendment Bill proposes amending section 25 of the Constitution to provide that the Courts may determine that in certain specific circumstances - stipulated in legislation - it will be “just and equitable” in terms of section 25(3) of the Constitution that the amount of compensation for the expropriation of land and any improvements thereon, for the purposes of land reform, be nil.
The CFCR is concerned that such a critically important Amendment Bill was published for public comment at the start of the festive season. Most businesses and civil society organisations close for the year and only re-opened early in January 2020. It appears that concerns about the timing of the publication of the Amendment Bill were discussed at a meeting of the Ad Hoc Committee on 3 December 2019, following a letter received from Agri SA, but Parliament’s legal services apparently informed the Committee that a similar process had been followed with Bills in the past.
However, it must be emphasised that although there have been 17 Amendment Bills proposing amendments to the Constitution, this is the first time that the South African public will be faced with an amendment to a right in the Bill of Rights. The Bill of Rights forms a “cornerstone of democracy in South Africa” and it is therefore vital to ensure meaningful public participation.