Editorial: Constitutional Amendment Bill on land is a spectacular and expected failure

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Editorial: Constitutional Amendment Bill on land is a spectacular and expected failure: When the ANC introduced the Amendment Bill, it must have been apparent it would lose, having failed to secure an agreement with any other party beforehand

. Yet, as land experts pointed out, the failures of the land-reform programme are explained by state failures; corruption; and, yes, economic and political structural constraints.

There was then a shift. A new mantra, which surprisingly made it to the actual text of the 18th Constitutional Amendment Bill, stated that the amendment intended to “make explicit what is implicit” in section 25 of the Constitution. The question, of course, was why amend if only to achieve what is already contained in the Constitution.: a return to the essence of section 25 of the Constitution and the reason we have this founding document.

Sure, the exercise has illuminated the need to end the pervasive ignorance about what the Constitution actually provides for. Now more people have been educated about the structure and text of the Constitution. Land scholars have argued that, on a proper interpretation, at any rate, section 25 of the Constitution allows, in certain instances, to be decided judicially or in legislation, for expropriation without compensation.

It should be clear that the proposed amendment was a misconceived attempt to destabilise the constitutional pillars of society. Any successful land reform must be grounded on a strong legal foundation. Populist ideas, which attack the constitutional foundation of society in the name of radicalism, harm the very interests they purport to protect.

Now that the ANC’s foray into constitutional wilderness has ended in ruin, we hope the party will recognise the redemptive value of the Constitution and set forth urgently to implement its principles.

 

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