• Policy Watch SA

'EXPROPRIATION WITHOUT COMPENSATION': reading between the lines


Parliamentary media statements issued during last year's nationwide public hearings on the draft Constitution 18th Amendment Bill tell their own story. The purpose of the hearings was to give ordinary South Africans an opportunity to express their views on the Bill's wording. Yet this is reflected in the headings of only five out of 28 statements announcing imminent hearings. In the list provided, these are emboldened and underlined for ease of reference. According to media statements on views expressed during these hearings, few participants commented on the wording of the proposed amendment to section 25 of the Constitution (property rights).


In the absence of sound recordings of the proceedings, it is not clear if the purpose of the hearings was adequately explained. Neither is it clear if participants were told that the revised Expropriation Bill proposes the circumstances in which land expropriation without compensation is likely to be justifiable. Somewhat confusingly in terms of the broader law-making process, the revised Expropriation Bill was only tabled in Parliament in October 2020 - by which time most provincial public hearings on the Constitution 18th Amendment Bill had been concluded.


Listed below under 'draft Constitution18th Amendment Bill' are the headings (with links) of all committee media statements announcing imminent hearings in the provinces and summarising views expressed.


The list is followed by one of National Assembly Public Works & Infrastructure Committee media statements (with links) on revised Expropriation Bill provincial public hearings. Their purpose was to give ordinary South Africans an opportunity to express their views on the Bill's contents. Although this was not always clearly stated in the headings of media statements announcing imminent hearings, the statements themselves did note what the Bill seeks to achieve. Some went into considerable detail. However, statements on the views expressed during most hearings indicate that few participants commented on the Bill's contents.


Together, the parliamentary media statements on both Bills beg several questions:

  • How well did participants in the hearings understand the Bill's contents?

  • Did participants attend simply to voice broader grievances and concerns?

  • Did the hearings raise expectations that cannot realistically be met?

  • Did they achieve their objective?


DRAFT CONSITUTION 18TH AMENDMENT BILL


Readers are reminded that the National Assembly ad hoc committee responsible for drafting the Bill divided into two groups to conduct the hearings. They are also reminded that a revised version of the draft Bill has since been tabled in the National Assembly, where it will require the support of two-third of the 400-member House to be passed.


Media statements announcing imminent hearings are listed below (click on each heading to read the statement's contents):


AD HOC COMMITTEE ON AMENDING SECTION 25 OF CONSTITUTION TO START PUBLIC HEARINGS ON FRIDAY (26 February 2020)


DELEGATION OF AD HOC COMMITTEE ON AMENDING SECTION 25 OF CONSTITUTION TO START PUBLIC HEARINGS IN MPUMALANGA (28 February 2020)


DELEGATION OF AD HOC COMMITTEE ON AMENDING SECTION 25 OF CONSTITUTION TO HOLD HEARINGS IN BETHLEHEM (29 February 2020)


DELEGATION OF AD HOC COMMITTEE ON AMENDING SECTION 25 OF CONSTITUTION TO HOLD HEARINGS IN BLOEMFONTEIN (29 February 2020)


AD HOC COMMITTEE ON AMENDING SECTION 25 OF THE CONSTITUTION TO CONDUCT PUBLIC HEARINGS IN ERMELO (29 February 2020)


DELEGATION OF AD HOC COMMITTEE ON AMENDING SECTION 25 OF CONSTITUTION TO HOLD PUBLIC HEARINGS IN KWAZULU-NATAL (4 March 2020) (erroneously dated 4 February)


DELEGATION OF AD HOC COMMITTEE ON AMENDING SECTION 25 OF CONSTITUTION TO HOLD PUBLIC HEARINGS IN WINTERTON (6 March 2020)


AD HOC COMMITTEE TO CONCLUDE PUBLIC HEARINGS TO INITIATE AND INTRODUCE LEGISLATION AMENDING SECTION 25 IN KOKSTAD, KWAZULU-NATAL (7 March 2020)


DELEGATION OF AD HOC COMMITTEE ON AMENDING SECTION 25 OF CONSTITUTION TO HOLD PUBLIC HEARINGS IN THE EASTERN CAPE (10 March 2020)


GAUTENG RESIDENTS TO MAKE THEIR INPUTS ON AMENDMENT OF SECTION 25 OF THE CONSTITUTION (11 March 2020)


ENGCOBO RESIDENTS TO MAKE THEIR INPUTS ON AMENDMENT OF SECTION 25 OF THE CONSTITUTION (12 March 2020)


KING WILLIAM’S TOWN RESIDENTS TO MAKE THEIR INPUTS ON AMENDMENT OF SECTION 25 OF THE CONSTITUTION (13 March 2020)


GERMISTON RESIDENTS TO MAKE THEIR INPUTS ON AMENDMENT OF SECTION 25 OF THE CONSTITUTION (14 March 2020)


PORT ELIZABETH RESIDENTS TO MAKE THEIR INPUTS ON AMENDMENT OF SECTION 25 OF THE CONSTITUTION (14 March 2020)


AD HOC COMMITTEE CHAIRPERSON POSTPONES HEARINGS ON LAND (16 March 2020)


AD HOC COMMITTEE ON AMENDING SECTION 25 OF CONSTITUTION TO RESUME WITH PUBLIC HEARINGS AFTER LOCKDOWN (20 October 2020)


AD HOC COMMITTEE TO HOLD PUBLIC HEARINGS IN DE AAR (21 October 2020)


NORTHERN CAPE PUBLIC HEARINGS ON AMENDING SECTION 25 OF THE CONSTITUTION MOVE TO KIMBERLY (22 October 2020)


AD HOC COMMITTEE’S DELEGATION COMMENCES PUBLIC HEARINGS ON LAND EXPROPRIATION WITHOUT COMPENSATION IN LIMPOPO (22 October 2020)


DELEGATION OF THE AD HOC COMMITTEE TO CONCLUDE HEARINGS IN SPRINGBOK

(24 October 2020)


POLOKWANE PUBLIC HEARINGS ON EXPROPRIATION OF LAND WITHOUT COMPENSATION DELAYED DUE TO CROWD (25 October 2020)


DELEGATION OF THE AD HOC COMMITTEE CONCLUDES NORTHERN CAPE LEG OF PUBLIC HEARINGS (25 October 2020)


POLOKWANE PUBLIC HEARINGS ON EXPROPRIATION OF LAND WITHOUT COMPENSATION CANCELLED (25 October 2020)


AD HOC COMMITTEE ON AMENDING SECTION 25 OF THE CONSTITUTION TO HOLD PUBLIC HEARINGS IN WESTERN CAPE (28 October 2020)


DELEGATION OF THE AD HOC COMMITTEE TO HOLD PUBLIC HEARINGS IN SALDANHA BAY (29 October 2020)


COMMITTEE DELEGATION CONDUCTS PUBLIC HEARINGS IN MOSSEL BAY ON THE EXPROPRIATION OF LAND WITHOUT COMPENSATION (29 October 2020)


EXPROPRIATION OF LAND WITHOUT COMPENSATION PUBLIC HEARINGS IN POLOKWANE TO BE RERUN THIS WEEKEND (2 November 2020)


AD HOC COMMITTEE ON SECTION 25 TO RETURN TO POLOKWANE FOR PUBLIC HEARING (6 November 2020)


Media statements on the outcome of these hearing are listed below (click on each heading to read the statement's contents):


COMMITTEE CHAIR DESCRIBES HEARINGS IN BETHLEHEM FRUITFUL (29 February 2020)


PEOPLE OF MIDDLEBURG DEMAND REDRESS FROM THE MPUMALANGA DELEGATION OF THE AD HOC COMMITTEE TO INITIATE AND INTRODUCE LEGISLATION AMENDING SECTION 25 OF THE CONSTITUTION (29 February 2020)


MPUMALANGA DELEGATION OF THE AD HOC COMMITTEE CONCLUDES HEARINGS IN ERMELO WITH SUCCESS (1 March 2020)


MTUBATUBA RESIDENTS TELL COMMITTEE TO FAST-TRACK AMENDMENT OF SECTION 25 OF CONSTITUTION (5 March 2020)


SCHWEIZER RENEKE CLEAR THAT AD HOC COMMITTEE ON AMENDING SECTION 25 OF THE CONSTITUTION MUST SPEED UP LAND REDISTRIBUTION (6 March 2020)


VRYHEID RESIDENTS SAY EXPROPRIATION OF LAND SHOULD INCLUDE RESOURCES TO ENSURE SUCCESS (6 March 2020)


AD HOC COMMITTEE WRAPS UP HEARINGS IN FULLY PACKED NORTH WEST HALL (8 March 2020)


AD HOC COMMITTEE CONCLUDES PUBLIC HEARINGS IN KZN (8 March 2020)


SOSHANGUVE RESIDENTS CALL FOR URGENT AMENDMENT OF SECTION 25 (12 March 2020)


ENGCOBO RESIDENTS TELL THE AD HOC COMMITTEE NO COMPENSATION FOR LAND THAT WAS STOLEN FROM ITS RIGHTFUL OWNERS (13 March 2020)


VEREENIGING RESIDENTS HOPE THAT AMENDMENT OF SECTION 25 WILL SPEED-UP LAND REFORM (14 March 2020)


AD HOC COMMITTEE CONCLUDES EASTERN CAPE PUBLIC HEARINGS IN PORT ELIZABETH (15 March 2020)


AD HOC COMMITTEE CONCLUDES PUBLIC HEARINGS IN GAUTENG (16 March 2020)


DE AAR RESIDENTS: ‘OUR PARENTS HAVE DIED WAITING FOR LAND’ (22 October 2020)


TURNOUT IN GIYANI FOR HEARINGS ON LAND EXPROPRIATION SATISFIES AD HOC COMMITTEE (23 October 2020)


KIMBERLEY RESIDENTS HIGHLIGHT URBAN LAND CRISIS (23 October 2020)


UPINGTON RESIDENTS CALL FOR URGENT SETTLEMENT OF OUTSTANDING LAND CLAIMS (24 October 2020)


SEKHUKHUNE RESIDENTS SAY NO FURTHER DELAYS IN EXPROPRIATION OF LAND WITHOUT COMPENSATION (24 October 2020)


MOSSEL BAY RESIDENTS WANT EXPROPRIATION OF LAND WITHOUT COMPENSATION TO BE EXPEDITED (30 October 2020)


WEST COAST RESIDENTS LARGELY IN SUPPORT OF AMENDING SECTION 25 OF THE CONSTITUTION (30 October 2020)


WORCESTER RESIDENTS SAY EXPROPRIATION OF LAND WITHOUT COMPENSATION IS CRUCIAL FOR DECOLONISATION (31 October 2020)


COUNTRYWIDE PUBLIC HEARINGS ON EXPROPRIATION OF LAND WITHOUT COMPENSATION WRAPPED UP IN POLOKWANE (7 November 2020)


REVISED EXPROPRIATION BILL


Media statements announcing imminent hearings are listed below (click on each heading to read the statement's contents):


PUBLIC WORKS COMMITTEE SET TO BEGIN PUBLIC HEARINGS ON EXPROPRIATION BILL IN LIMPOPO (7 April 2021)


PUBLIC WORKS COMMITTEE TO CONDUCT EXPROPRIATION BILL PUBLIC HEARINGS IN MPUMALANGA (14 April 2021)


EXPROPRIATION BILL PUBLIC HEARINGS HEAD TO THE NORTH WEST (21 April 2021)


EXPROPRIATION BILL PUBLIC HEARINGS HEAD TO MAHIKENG (23 April 2021)


RUSTENBURG TO HOST LAST PUBLIC HEARING ON THE EXPROPRIATION BILL IN NORTH WEST (24 April 2021)


PUBLIC WORKS COMMITTEE RESUMES PUBLIC HEARINGS ON EXPROPRIATION BILL IN GAUTENG PROVINCE (6 May 2021)


COMMITTEE TAKES PUBLIC HEARINGS ON EXPROPRIATION BILL TO THE WEST RAND DISTRICT MUNICIPALITY (6 May 2021)


COMMITTEE ON PUBLIC WORKS POSTPONES FREE STATE LEG OF PUBLIC HEARINGS ON EXPROPRIATION BILL UNTIL FURTHER NOTICE (8 May 2021)


PUBLIC WORKS COMMITTEE TAKES PUBLIC HEARINGS ON THE EXPROPRIATION BILL TO KZN (18 May 2021)


COMMITTEE TO CONDUCT PUBLIC HEARINGS ON THE EXPROPRIATION BILL IN ULUNDI (20 May 2021)


COMMITTEE TAKES PUBLIC HEARINGS ON THE EXPROPRIATION BILL TO KING CETSHWAYO DISTRICT (21 May 2021)


COMMITTEE ON PUBLIC WORKS TO CONDUCT PUBLIC HEARINGS ON THE EXPROPRIATION BILL IN KWAXIMBA (22 May 2021)


COMMITTEE ON PUBLIC WORKS TO HOLD PUBLIC HEARINGS ON THE EXPROPRIATION BILL IN THE EASTERN CAPE (2 June 2021)


PUBLIC HEARINGS ON EXPROPRIATION BILL MOVE TO WESTERN CAPE (9 June 2021)


COMMITTEE ON PUBLIC WORKS TO RESUME PUBLIC HEARINGS ON EXPROPRIATION BILL IN NORTHERN CAPE (20 August 2021)


EXPROPRIATION BILL PUBLIC HEARINGS TO RESUME IN FREE STATE FOLLOWING INTERLUDE DUE TO COVID-19 (25 August 2021)


Media statements on the outcome of these hearing are listed below (click on each heading to read the statement's contents):


PUBLIC WORKS COMMITTEE AND INFRASTRUCTURE COMPLETES FIRST OF FOUR PUBLIC HEARINGS ON EXPROPRIATION BILL IN LIMPOPO (8 April 2021)


MPUMALANGA COMMUNITIES MAKE SUBMISSIONS ON EXPROPRIATION BILL (15 April 2021)


PUBLIC WORKS COMMITTEE CONDUCTS PUBLIC HEARINGS ON EXPROPRIATION BILL IN MPUMALANGA PROVINCE (17 April 2021)


PLIGHT OF FARM DWELLERS DOMINATES PUBLIC HEARINGS ON EXPROPRIATION BILL IN MPUMALANGA PROVINCE (18 April 2021)


RESIDENTS VIEW EXPROPRIATION BILL AS A TOOL TO PROMOTE ECONOMIC DEVELOPMENT FOR YOUTH (24 April 2021)


EXPROPRIATION BILL OPENS ACCESS TO LAND FOR LANDLESS MAJORITY AND PROVIDES ANSWER TO STALLED LAND REFORM (26 April 2021)


TSHWANE RESIDENTS EXPRESS FULL SUPPORT FOR PARLIAMENTARY PROCESS TO FINALISE EXPROPRIATION BILL (7 May 2021)


WEST RAND RESIDENTS CALL ON PARLIAMENT TO ENSURE THAT EXPROPRIATION BILL DOES NOT DIVIDE SOUTH AFRICANS (7 May 2021)


COVID-19 PANDEMIC MUST BE USED TO EXPEDITE THE EXPROPRIATION BILL (8 May 2021)


DUNDEE RESIDENTS EXPRESS CONTRASTING VIEWS ON THE EXPROPRIATION BILL (21 May 2021)


ULUNDI RESIDENTS VOICE THEIR OPINIONS ON THE EXPROPRIATION BILL (22 May 2021)


COMMITTEE ON PUBLIC WORKS CONCLUDES PUBLIC HEARINGS ON THE EXPROPRIATION BILL IN KZN (23 May 2021)


RESIDENTS OF ALFRED NZO DISTRICT HAVE MIXED VIEWS ON THE EXPROPRIATION BILL (4 June 2021)


JOE GQABI RESIDENTS CAUTION AGAINST SELECTIVE IMPLEMENTATION OF THE EXPROPRIATION BILL TO BENEFIT A FEW (5 June 2021)


NELSON MANDELA BAY RESIDENTS RAISE CONCERNS ABOUT INVESTOR CONFIDENCE ON PASSING OF EXPROPRIATION BILL (7 June 2021)


KHAI MA LOCAL MUNICIPALITY RESIDENTS REJECT EXPROPRIATION BILL (22 August 2021)


DEVALUATION OF LAND VALUE CITED AS REASON TO REJECT EXPROPRIATION BILL (23 August 2021)


EXPROPRIATION BILL WILL UNLOCK ECONOMIC POTENTIAL FOR KHOISAN NATION (24 August 2021)


EXPROPRIATION BILL WILL BE FUTILE WITHOUT STATE SUPPORT (26 August 2021)

MANGAUNG RESIDENTS FEAR POVERTY WILL BE EXACERBATED BY THE ADOPTION OF EXPROPRIATION BILL (26 August 2021)


WELKOM RESIDENTS SAY EXPROPRIATION BILL WILL LEAD TO EROSION OF PROPERTY RIGHTS (28 August 2021)


PUBLIC WORKS COMMITTEE CONCLUDES NATIONWIDE PUBLIC HEARINGS ON EXPROPRIATION BILL (30 August 2021)

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