PLAAS Submission on 18th Constitutional Amendment Bill

Abstract

The 18th Amendment Bill of South Africa’s constitution seeks to make changes to Section 25 of the Bill of Rights (the property clause) in order to make explicit the circumstances that would warrant the payment of nil compensation following the expropriation of land. Land reform remains a key aspect of transformation in South Africa. South Africa’sland reform is provided for in the Constitution and the property clause strikes a balance between the protection of existing private property rights and the imperative to effect historical redress through equitable redistribution of land and other natural resources.