With comment on the Constitution Eighteenth Amendment Bill extended until the end of February, debate is reaching fever pitch over government’s intentions and the possible ramifications over its implementation. Terence Corrigan, Project Manager at The Institute of Race Relations argues that any complacency over this amendment would be foolish.
Asked whether he believed the Amendment Bill left South Africans vulnerable to being dispossessed of personal assets, Corrigan stated, “The whole idea of expropriation without compensation (EWC) opens up the possibility of this. The proposed amendment to the Constitution specifies that both land and ‘improvements’ may be subject to EWC. This suggests powers that go beyond the taking of land in the sense of ground and soil.”
He also believes the Amendment Bill formed part of a greater collection of new legislation aimed at undermining private property rights. “We have warned that section 25 of the Constitution deals with ‘property’, not ‘land’. Beware of seeing this as purely a land-reform measure. The abridgement of property rights is implied in a number of forthcoming government initiatives: prescribed assets, intellectual property and the National Health Insurance proposal, for instance,” Corrigan stressed.
High on the list of concerns over the bill is the government’s ability to shift the goalposts to suit increasingly self-serving intentions. Corrigan is adamant that this will be the case, and said, “The Constitutional amendment will establish what the Constitution permits. The amendment seeks to change this to give the government more room to act at the expense of property owners. The ANC wants to change it to move the balance of power decisively towards the state by marginalising the courts and establishing, as a constitutional principle, the primacy of the executive in matters of expropriation.”
Corrigan urged all South Africans not to wait until the hole is too deep to escape, but to take action now. “The direction of policy is already concerning and South Africans should speak up about it,” he said.
Key to South Africa’s economy and international reputation is our relationship with trade partners and foreign investors. The erosion of property rights would jeopardise foreign trade, as Corrigan confirmed, “If EWC is implemented against foreign investors protected by bilateral investment treaties (BITs), then South Africa is likely to be in breach of those BITs and could be compelled by an international arbitration panel to pay compensation”.
The clamour around the Constitution Eighteenth Amendment Bill may echo for generations. To make sure that your position is logged in the journal of history, comment before 28 February at https://irr.org.za/campaigns/defend-your-property-rights or section25@parliament.gov.za.
