You are currently viewing our desktop site, do you want to download our app instead?
Moneyweb Android App Moneyweb iOS App Moneyweb Mobile Web App

NEW SENS search and JSE share prices

More about the app

ANC pushes expropriation of land without compensation

This is a massive step away from the current Constitution, which promotes expropriation with fair compensation to sellers.
Picture: Supplied

The ANC conference has agreed to make amendments to the Constitution and Land Restitution Act that will pave the way for the State to expropriate land without compensation, said the party’s outgoing economic transformation subcommittee head Enoch Godongwana on Wednesday.

In a move that will likely put investors and public policy observers on edge, the ANC is pushing amendments to Section 25 of the Constitution, in order to fast-track the pace of SA’s land reform, redistribution and restitution programme.

“There’s is general anger about the [slow] pace of land redistribution and restitution and this propels the anger in communities. We will not fudge the issue,” said Godongwana told reporters at the final day of the ANC’s 54th elective conference at the Nasrec Expo Centre in Johannesburg.

The new ANC top-six leadership structure – led by newly-elected president Cyril Ramaphosa – will be tasked with carrying the amendments to the Constitution in Parliament.

About two-thirds of MPs are needed for amendments to the Constitution to pass muster. The ANC holds 62% of seats in Parliament.

The debate on the expropriation of land among ANC delegates was “rowdy”, said Godongwana, and even threatened to collapse the elective conference.

Godongwana said there is a general acceptance by the ANC that policy on land expropriation should be pursued in a sustainable way. This, for now, means that the expropriation of land must not undermine SA’s food security, agricultural land ownership and the economy.

“There should be no illegal occupation of land and this is part of the resolution we have taken.”

The current Constitution allows the State to acquire land for public purposes, but the seller must be compensated at a market-related price for the land. Since 1994, SA has moved from the willing buyer-willing-seller model to a just and equitable model. This model has even seen the establishment of a valuer-general office that determines the market value of land during expropriation negotiations. 

In his maiden speech as ANC president, Ramaphosa said since 1994 the issue of land has preoccupied the minds of the South African populace.

“The ANC has managed the economy in a way that advances its people…. We are going to make sure as it [expropriation of land without compensation] is implemented and managed with due care.”

Godongwana didn’t elaborate on the timeline for the amendments to the Constitution or scenarios that would allow the State to expropriate land without compensation.

“We will put a reasonable test for this [proposal to expropriate land without compensation] by bringing experts to make sure the sustainability test is passed,” said Godongwana.

The sustainability test will also assess other sectors of the economy, such as financial services and insurance, which hold more than 50% of debt by commercial farmers.

He said the ANC will undertake a full audit of land owned by the State and appoint a high-level panel dealing with the land expropriation process. The amendments to the Constitution and the mechanics of this exercise will be discussed at its top-leadership level lekgotla at the end of January 2018.

Please consider contributing as little as R20 in appreciation of our quality independent financial journalism.



Sort by:
  • Oldest first
  • Newest first
  • Top voted

You must be signed in to comment.


If the anc was successful, South Africans would have had the economic means to buy their own land by now. But no, the anc is absolutely determined to keep South Africans poor and desperately dependent on them for whatever they need – be it money for food (grants), electricity, water, education, healthcare and now land.

JapieM I want your house and land as Christmas box for my family!

so TWENTY THREE YEARS AFTER the end of the old country – this gets to the top of the list! complete disgrace- and ANC finally going with the EFF – when JM said sometime ago :-“The land is everything… the land is the beginning and the end of South Africa” . all I can say – about time!

As a white person in my 20’s ..I don’t see why I should pay the price of what some small minority of oppressors did 2 decades ago.

*Vast* majority of land has been purchased legally – through years of hard work, financial discipline, savings and sacrifice.

Do black land buyers also get their land expropriate or only white ..what happens where a white and black person both bought land last year – do they both get their land expropriated or only the white person. This may turn out to be the most racist policy since apartheid.

There’s 2 fundamantal problems with all this ignorant Radical Economic Transformation / redistribution /expropriation without compensation

1) it punishes the hard-working tax payer – the backbone of SA’s economy

2) shifting wealth isn’t creating wealth, there’s a limited amount of wealth to shift and it will eventually run out. Creating wealth (the opportunity to for people to create their own wealth) is the job of the ANC in which they have failed horribly – redistribution rhetoric is simply an admission of their failure to to do their jobs.

ANC is the biggest failure since 1990.

I am 19 myself, and worked every holiday on our farm in the western cape. I am the 6th generation on our farm and have proof of this. The land my father farms on, is not stolen whatsoever but as you said.. My previous generations work HARD to buy the land we have today. I will not tolerate ” expropriation of land without compensation ” , and i agree. This turns out to be the most racist policy since apartheid, yet the local media and international media is keeping everything nicely under the rader ( including the rate at which farmers are being murdered at )

So let me try explain what 300 yrs of racial bigotry resulted in. I’m sure you’ve heard of genetic illnesses that are passed from one generation to another. So if you have say cystic fribosus- you got it from an ancestor of yours who also had the faulty gene. So yr 6th generation farm was bought when only whites were allowed to buy land in that area. In other words it was not bought in a fair market. Ownership of the farm has a fault – just like a faulty gene passed down the family tree. You may say it’s unfair – but all the people who have received faulty genes have the same argument. My suggestion- move on & accept the fact that you enjoyed an unfair advantage for many years

Luister hierso oompie robert. Colonalization during the 15th and 16th century, it was a common practise INTERNATIONALLY. During the 16th to 17th centuries only 30% of SA was suitable for permanent settlement, because of a shortage of drinking water. The indigenous nations or groups ( Koi San ) moved ( trekked ) around to find grazing land for their cattle. It was only after the drilling of boreholes for drinking water that the other 70% of SA became fit for permanent habitation. When Jacn van Riebeeck landed in the Cape in 1652 he was met by Harry, leader of the Bushmen group. Historians agree that the Bushmen ( San ) and the Hottentot ( Khoi ), were indigenous people living in SA when Jan van Riebeeck arrived in the Cape. The practised a nomadic lifestyle roaming the southern part of africa. In their culture, they did not own land, they used it. In 1658 Jan van Riebeeck reached an agreement with the Khoi that Liesbeeck and the Salt Rivers would be regarded as the border between the Khoi and the white settlers. On 19 april 1572 after negotiations with captian Schacher, land between Hout Bay and Saldanha, was transferred as farming land to the Cape Government.

I can go on for hours about RIGHTFUL AGREEMENTS on land between the European settlers and Koi , SAN and Xhosa people. Piet retief agreed to return stolen cattle for Dingaan, which he was rewared with land in the Transvaal.

My advice to you oom robert, stop reading the corrupt media headlines and start to read books on a subject that you wish to debate. So, how does it feel to get owned by a 19 year old plattelandse boerkie?

@robertinsydney: by the same argument your residential property in Sydney should now belong to an Aboriginal, no? And most of Manhattan Island to First Nations in the US ? How come its OK to do this in Africa but slightly inconvenient in Australia? White folks in Australia have had no unfair advantages compared with Aboriginals, is that it?

Sigh! Can’t talk abt USA – but in Aus there was a legal case called MABO which resulted in changes in the constitution regarding land tenure. Where indigenous people can prove they have had continued occupation of land since before white settlement- the land reverts to those indigenous people. In most cases this results in royalty payments (mainly mines) or a payment to the descendants of the tribe that occupied the land. As regards the San & Khoi – they lived at the very tip of the country until they were driven out by the white settlers. Rest of the country was occupied by the African tribes until they too were driven off the land into reserves.

Let’s start with Cyril’s house he is building for R100 million in Fresnaye Cape Town.
I think it’s called Animal Farm.

ANC thinks they will mute EFF by their sudden policy change… It wont happen!

Thought they said the topic will chase away investors and JSE will fall flat

We cant wait to see the actual implementation; there is a massive difference between SAYING & DOING

Great policy to encourage development in real estate and food security.

Must state that this topic seems over sensationalised
…watching the commission feedback yesterday evening I did not get the impression that this is a wholesale change…the commission confirmed the principle of expropriation without compensation but within a specific context…and with a number of caveats…my understanding is that the current constitution does allow for expropriation in certain circumstances…and this has been reconfirmed…furthermore.there was mention to potentially investigate changing sec 25 of the constitution if required to facilitate the land transformation process…the commission was clear that any land redistribution will be an orderly process supported by research and data… that will not threaten food security or negatively impact any economic sector…the commission also mentioned that there was a significant portion of land owned by government that will also form part of the redistribution process…it was further mentioned that “tradional land” which currently works on a tenure system will be transfered into an ownership model..

So once again lets be a bit more factual and objective and less sensationalist in our assertions….

From what I have heard and read the chances of a productive piece of farmland or residential property being expropriated seems very remote…

“amendments to the Constitution” with 2018 make or break for the ANC into the 2019 election, I believe we will see a lot more “amendments to the Constitution” and not only regarding expropriation of land. Unfortunately, I see a better future for Zimbabwe under Emerson the Crocodile, than for SA under ANCyril and comrades.

End of comments.





Follow us:

Search Articles:
Click a Company: