CASAC Submission to Ad Hoc Committee to initiate and Introduce Legislation amending s.25 of the Constitution

INTRODUCTION – THE UNFULFILLED PROMISE OF SECTION 25

The Council for the Advancement of the South African Constitution (CASAC) supports land reform, to alter the skewed land holding patterns in South Africa. CASAC believes that the history of land dispossession must be urgently addressed. CASAC is of the view that the assumption behind the proposed amendment is that the Constitution presently does not allow for expropriation with no compensation. This is a wrong interpretation of the Constitution. Accordingly, the first part of the submission is devoted to illustrating why this is so. The second part focuses specifically on the proposed amendment, and illustrates why, without fundamental institutional changes, these amendments will not likely bring about sustainable land reform underpinned by the rule of law.

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