We'll take this to the Constitutional Court
Expropriation without compensation could be in violation of Section 1 of the Constitution
As the Land Reform Panel gives the green light for land expropriation without compensation to go ahead, we are preparing for potential court action in the Constitutional Court.
We believe that the amendment to Section 25 of the Constitution is unconstitutional.
Land reform can already take place without a constitutional amendment to Section 25 because the state already has the power to expropriate land provided they pay for it (there is just and equitable compensation).
If the government amends Section 25 of the Constitution to implement expropriation without compensation without conditions (removing the need for just and equitable compensation), then such a motion would offend Section 1 of the Constitution, collapsing the core underlying values of our Constitution.
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