Title: Resolution on land reform in South Africa

Submitted by: Democratic Alliance (South Africa)

Noting that:

• The land question remains an unresolved issue in South Africa due to a failure by the governing African National Congress’ inability to deliver effective land redistribution and redress mechanisms due to policy inconsistency and corruption.
• The ANC tried to mask its failure on land reform by trying to introduce an 18th Constitution Amendment Bill that would have changed Section 25 of the South African Constitution to include expropriation of land without compensation.
• On 7 December 2021, the DA caucus in the National Assembly spoke in one voice and voted to reject the Bill. As a result, the ANC failed to muster the mandatory two-thirds majority required by the Constitution to pass the Bill and it was thrown out.
• With the Expropriation Bill currently before the parliamentary committee on Public Works and Infrastructure, there is growing concern that the ANC is trying to use this legislation to try and achieve what they couldn’t achieve through the 18th Constitution Amendment Bill.
• The Expropriation Bill sets out instances where nil compensation can be made on expropriated property.

Believing that:

• The Expropriation Bill may have unintended consequences in property rights based on the definations of the legislative proposals being proposed.
• In its current form, the Expropriation Bill may discourage local and international investment and result in capital flight should investors incur losses due to expropriation at below market value. 

Considering that: 

• The ANC only needs a parliamentary majority to pass the Expropriation Bill. Since it holds the largest number of seats in the National Assembly, the Bill is more than likely to pass. 
• Expropriation is not restricted to farmland; it extends to all forms of property, including movable property and intellectual property. 
• The inadequate definitions of property, public interest and public purpose raise red flags not only on prescribed assets but also on mortgages which must continue to be paid even on an expropriated property. 

Calls for: 

• A complete rejection of the Expropriation Bill because, in a liberal society such as South Africa, property rights are inviolable.
• A recognition that the undermining of property rights will undermine the project of redress and justice in South Africa and around the world.
• The protection and expansion of property rights and ownership is not only an issue of justice but also a way to economically empower communities.